Freedom On The Net 2013 Full Re - Truong PDF

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on the Net 2013
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a global assessment of internet
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and digital media
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FULL REPORT
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Freedom
FREEDOM ON THE NET 2013

A Global Assessment of Internet and Digital Media
Sanja Kelly
Mai Truong
Madeline Earp
Laura Reed
Adrian Shahbaz
Ashley Greco-Stoner
EDITORS
October 3, 2013
This report was made possible by the generous support of the Dutch Ministry of Foreign Affairs, the U.S. State Departments Bureau
of Democracy, Human Rights and Labor (DRL), and Google. The content of this publication is the sole responsibility of Freedom
House and does not necessarily represent the views of the Dutch Foreign Ministry, DRL, or Google.
TABLE OF CONTENTS
ACKNOWLEDGMENTS
OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

By Sanja Kelly
KEY INTERNET CONTROLS BY COUNTRY
14
CHARTS AND GRAPHS OF KEY FINDINGS

Global Scores
60 Country Score Comparison
Internet Freedom Map 2013
Regional Graphs
Score Changes: Freedom on the Net 2012 vs. 2013
Internet Freedom vs. Press Freedom
Internet Freedom vs. Internet Penetration
16
16
19
20
21
24
26
27
FREEDOM ON THE NET 2013: COUNTRY REPORTS

Angola
Argentina
Armenia
Australia
Azerbaijan
Bahrain
Bangladesh
Belarus
Brazil
Burma
Cambodia
China (PRC)
Cuba
Ecuador
28
29
39
56
68
80
94
112
122
142
157
171
181
215
229
COUNTRY REPORTS

Egypt
Estonia
Ethiopia
France
Georgia
Germany
Hungary
Iceland
India
Indonesia
Iran
Italy
Japan
Jordan
Kazakhstan
Kenya
Kyrgyzstan
Lebanon
Libya
Malawi
Malaysia
Mexico
Morocco
Nigeria
Pakistan
Philippines
Russia
Rwanda
Saudi Arabia
South Africa
South Korea
Sri Lanka
Sudan
Syria
Thailand
Tunisia
Turkey
Uganda
Ukraine
United Arab Emirates
COUNTRY REPORTS
242
258
265
280
294
302
322
337
345
368
380
399
412
425
436
451
462
475
489
500
510
524
541
552
564
578
588
601
612
626
636
649
663
679
690
707
719
733
743
754

United Kingdom
United States
Uzbekistan
Venezuela
Vietnam
Zimbabwe
768
784
801
820
839
850
GLOSSARY
863
METHODOLOGY
868
CONTRIBUTORS
878
ABOUT FREEDOM HOUSE
881
COUNTRY REPORTS
ACKNOWLEDGMENTS
Completion of the Freedom on the Net publication would not have been possible without the tireless
efforts of the following individuals.
As project director, Sanja Kelly oversaw the research, editorial, and administrative operations,
supported by research analysts Mai Truong, Madeline Earp, Laura Reed, Adrian Shahbaz, and
senior research assistant Ashley Greco-Stoner. Together, they provided essential research and
analysis, edited the country reports, conducted field visits in Uganda, Indonesia, Mexico, Jordan,
and Hungary, and led capacity building workshops abroad. Over 70 external consultants served as
report authors and advisors, and made an outstanding contribution by producing informed analyses
of a highly diverse group of countries and complex set of issues.
Helpful contributions and insights were also made by Daniel Calingaert, executive vice president;
Arch Puddington, vice president for research; as well as other Freedom House staff in the United
States and abroad. Freedom House is also grateful to Cristiana Gonzalez and Eleonora Rabinovich
for their contributions during the Latin America ratings review meeting.
This publication was made possible by the generous support of the Dutch Ministry of Foreign
Affairs, U.S. State Departments Bureau of Democracy, Human Rights, and Labor (DRL), and
Google. The content of the publication is the sole responsibility of Freedom House and does not
necessarily reflect the views of the Dutch Foreign Ministry, DRL, Google, or any other funder.
ACKNOWLEDGEMENTS
DESPITE PUSHBACK,
INTERNET FREEDOM DETERIORATES
By Sanja Kelly1
In June 2013, revelations made by former contractor Edward Snowden about the U.S.
governments secret surveillance activities took center stage in the American and international
media. As part of its antiterrorism effort, the U.S. National Security Agency (NSA) has been
collecting communications data on Americans and foreigners on a much
greater scale than previously thought. However, while the worlds
attention is focused on Snowden and U.S. surveillanceprompting
Global internet
important discussions about the legitimacy and legality of such
freedom has been in
measuresdisconcerting efforts to both monitor and censor internet
decline for the three
activity have been taking place in other parts of the world with
consecutive years
increased frequency and sophistication. In fact, global internet freedom
has been in decline for the three consecutive years tracked by this tracked by this project.
project, and the threats are becoming more widespread.
Of particular concern are the proliferation of laws, regulations, and directives to restrict online
speech; a dramatic increase in arrests of individuals for something they posted online; legal cases
and intimidation against social-media users; and a rise in surveillance. In authoritarian states, these
tools are often used to censor and punish users who engage in online speech that is deemed critical
of the government, royalty, or the dominant religion. In some countries, even blogging about
environmental pollution, posting a video of a cynical rap song, or tweeting
about the town mayors poor parking could draw the police to a users
In some countries,
door. Although democratic states generally do not target political speech,
several have sought to implement disproportionate restrictions on content
even posting a
they perceive as harmful or illegal, such as pornography, hate speech, and
video of a cynical
pirated media.
rap song could
draw the police to
a users door.
Nonetheless, in a number of places around the world, growing efforts by

civic activists, technology companies, and everyday internet users have
been able to stall, at least in part, newly proposed restrictions, forcing
governments to either shelve their plans or modify some of the more problematic aspects of draft
legislation. In a handful of countries, governments have been increasingly open to engagement with
civil society, resulting in the passage of laws perceived to protect internet freedom. While such
Sanja Kelly directs the Freedom on the Net project at Freedom House.

positive initiatives are significantly less common than government attempts to control the online
sphere, the expansion of this movement to protect internet freedom is one of the most important
developments of the past year.
To illuminate the nature of evolving threats in the rapidly changing global environment, and to
identify areas of opportunity for positive change, Freedom House has conducted a comprehensive
study of internet freedom in 60 countries around the world. This report is the fourth in its series
and focuses on developments that occurred between May 2012 and April
2013. The previous edition, covering 47 countries, was published in
Of the 60 countries
September 2012. Freedom on the Net 2013 assesses a greater variety of
assessed, 34 have
political systems than its predecessors, while tracing improvements and
experienced a
declines in the countries examined in the previous editions. Over 70
researchers, nearly all based in the countries they analyzed, contributed to
negative trajectory
the project by examining laws and practices relevant to the internet,
since May 2012.
testing the accessibility of select websites, and interviewing a wide range
of sources.
Of the 60 countries assessed, 34 have experienced a negative trajectory since May 2012. Further
policy deterioration was seen in authoritarian states such as Vietnam and Ethiopia, where the
downgrades reflected new government measures to restrict free speech, new arrests, and harsh
prison sentences imposed on bloggers for posting articles that were critical of the authorities.
Pakistans downgrade reflected the blocking of thousands of websites and pronounced violence
against users of information and communication technologies (ICTs). In Venezuela, the decline was
caused by a substantial increase in censorship surrounding politically sensitive events: the death of
President Hugo Chvez and the presidential elections that preceded and followed it.
Deterioration was also observed in a number of democracies, often
as a result of struggles to balance freedom of expression with
Deterioration was also
security. The most significant year-on-year decline was seen in
observed in a number of
India, which suffered from deliberate interruptions of mobile and
democracies, often as a
internet service to limit unrest, excessive blocks on content during
result of struggles to
rioting in northeastern states, and an uptick in the filing of criminal
balance freedom of
charges against ordinary users for posts on social-media sites. The
expression with security.
United States experienced a significant decline as well, in large part
due to reports of extensive surveillance tied to intelligence
gathering and counterterrorism. And in Brazil, declines resulted
from increasing limitations on online content, particularly in the context of the countrys stringent
electoral laws; cases of intermediary liability; and increasing violence against online journalists.
At the same time, 16 countries registered a positive trajectory over the past year. In Morocco,
which was analyzed for the first time in this edition of the report, the government has unblocked
previously censored websites as part of its postArab Spring reform effort, although it still
frequently punishes those who post controversial information. Burmas continued improvement
included significant steps toward the lifting of internet censorship, which may allow the country to

shed its history of repression and underdevelopment and create a more progressive media
environment. Tunisias gains are the result of the governments sustained efforts to open up the
online sphere following years of repression under former president Zine el-Abidine Ben Ali, and
institute protections for journalists and bloggers, although there is still much to be done. And in
several countries like Georgia and Rwanda, improvements stemmed from a decline in the number
of negative incidents from the previous coverage period.
Despite the noted improvements, restrictions on internet
freedom continue to expand across a wide range of
Over the past year, the global
countries. Over the past year, the global number of
number of censored websites has
censored websites has increased, while internet users in
increased, while internet users in
various countries have been arrested, tortured, and killed
various countries have been
over the information they posted online. Iran, Cuba, and
arrested, tortured, and killed over
China remain among the most restrictive countries in the
the information they posted online.
world when it comes to internet freedom. In Iran, the
government utilized more advanced methods for blocking
text messages, filtering content, and preventing the use of
circumvention tools in advance of the June 2013 election, while one blogger was found dead in
police custody after being arrested for criticizing the government online. In Cuba, the authorities
continued to require a special permit for anyone wishing to access the global internet; the permits
are generally granted to trusted party officials and those working in specific professions. And as in
previous years, China led the way in expanding and adapting an elaborate technological apparatus
for systemic internet censorship, while further increasing offline coercion and arrests to deter free
expression online.
Based on a close evaluation of each country, this study identifies the 10 most commonly used types
of internet control, most of which appear to have become more widespread over the past year:
Blocking and filtering:

Governments around the world are increasingly establishing mechanisms to block what they
deem to be undesirable information. In many cases, the censorship targets content involving
child pornography, illegal gambling, copyright infringement, or the incitement of violence.
However, a growing number of governments are also engaging in deliberate efforts to block
access to information related to politics, social issues, and human rights. Of the 60
countries evaluated this year, 29 have used blocking to suppress certain types of political
and social content. China, Iran, and Saudi Arabia possess some of the most comprehensive
blocking and filtering capabilities, effectively disabling access to thousands of websites, but
even some democratic countries like South Korea and India have at times blocked websites
of a political nature. Jordan and Russia, which previously blocked websites only
sporadically, are among the countries that have intensified their efforts over the past year.

Cyberattacks against regime critics:
Some governments and their sympathizers are increasingly using technical attacks to disrupt
activists online networks, eavesdrop on their communications, and cripple their websites.
Over the past year, such attacks were reported in at least 31 of the countries covered in this
study. In Venezuela, for example, during the 2012 and 2013 presidential campaigns, the
websites of popular independent mediaNoticiero Digital, Globovisin, and La Patilla
were repeatedly subject to distributed denial-of-service (DDoS) attacks, which increased on
election days and during the vote count. In countries ranging from Belarus to Vietnam to
Bahrain, opposition figures and activists are routinely targeted with malicious software that
is masked as important information about political developments or planned protests.
When downloaded, the malware can enable attackers to monitor the victims keystrokes
and eavesdrop on their personal communications. Although activists are increasingly aware
of this practice and have been taking steps to protect themselves, the attacks are becoming
more sophisticated and harder to detect.
New laws and arrests for political, religious, or social speech online:
Instead of merely blocking and filtering information that is deemed undesirable, an
increasing number of countries are passing new laws that criminalize certain types of
political, religious, or social speech, either explicitly or through vague wording that can be
interpreted in such a way. Consequently, more users are being arrested, tried, or
imprisoned for their posts on social networks, blogs, and websites. In fact, some
governments may prefer to institute strict punishments for people who post offending
content rather than actually blocking it, as this allows officials
to maintain the appearance of a free and open internet while
More users are being
imposing a strong incentive for users to practice selfarrested, prosecuted, or
censorship. Even countries willing to invest in systematic
imprisoned for their
filtering often find that criminal penalties remain an important
deterrent. Turkey, Bangladesh, and Azerbaijan are among the posts on social networks,
blogs, and websites.
countries that have, over the past year, significantly stepped
up arrests of users for their online activism and posts.
Paid progovernment commentators manipulate online discussions:

Already evident in a number of countries assessed in the previous edition of Freedom of the
Net, the phenomenon of paid progovernment commentators has spread in the past two
years, appearing in 22 of the 60 countries examined in this study. The purpose of these
commentatorscovertly hired by government officials, often by using public fundsis to
manipulate online discussions by trying to smear the reputation of government opponents,
spread propaganda, and defend government policies when the discourse becomes critical.
China, Bahrain, and Russia have been at the forefront of this practice for several years, but
countries like Malaysia, Belarus, and Ecuador are increasingly using the same tactics,
particularly surrounding politically sensitive events such as elections or major street
protests.

Physical attacks and murder:
Governments and powerful nonstate actors are increasingly resorting to physical violence to
punish those who disseminate critical content, with sometimes fatal consequences. In 26 of
the 60 countries assessed, at least one blogger or internet user was attacked, beaten, or
tortured for something posted online. In 5 of those
countries, at least one activist or citizen journalist was
In 5 countries, at least one
killed in retribution for information posted online, in most
activist or citizen journalist
cases information that exposed human rights abuses. Syria
was killed in retribution for
was the most dangerous place for online reporters, with
information posted online.
approximately 20 killed over the past year. In Mexico,
several online journalists were murdered after refusing to
stop writing exposs about drug trafficking and organized
crime. In Egypt, several Facebook group administrators were abducted and beaten, while
citizen journalists were allegedly targeted by the security forces during protests.
Surveillance:
Many governments are seeking less visible means to infringe on internet freedom, often by
increasing their technical capacity or administrative authority to monitor individuals online
behavior or communications. Governments across the spectrum of democratic performance
have enhanced their surveillance capabilities in recent years or have announced their
intention to do so. Although some interception of communications may be necessary for
fighting crime or preventing terrorist attacks, surveillance powers are increasingly abused
for political ends. Governments in nearly two-thirds of
the countries examined upgraded their technical or legal
Governments across the
surveillance powers over the past year (see surveillance
spectrum of democratic
section in Major Trends below). It is important to note
performance have enhanced
that increased surveillance, particularly in authoritarian
their surveillance
countries where the rule of law is weak, often leads to
capabilities in recent years.
increased self-censorship, as users become hesitant to risk
repercussions by criticizing the authorities online.
Takedown requests and forced deletion of content:

Instead of blocking objectionable websites, many governments opt to contact the content
hosts or social-media sites and request that the content be taken down. While takedown
notices can be a legitimate means of dealing with illegal content when the right safeguards
are in place, many governments and private actors are abusing the practice by threatening
legal action and forcing the removal of material without a proper court order. A more
nefarious activity, which is particularly common in authoritarian countries, involves
government officials informally contacting a content producer or host and requesting that
particular information be deleted. In some cases, individual bloggers or webmasters are
threatened with various reprisals should they refuse. In Russia and Azerbaijan, for example,
bloggers have reported deleting comments from their websites after being told that they
would be fired from their jobs, barred from universities, or detained if they did not comply.

Blanket blocking of social media and other ICT platforms:
Given the increasing role that social media have played in political and social activism,
particularly after the events of the Arab Spring, some governments have been specifically
targeting sites like YouTube, Twitter, and Facebook in their censorship campaigns. In 19 of
the 60 countries examined, the authorities instituted a blanket ban on at least one blogging,
microblogging, video-sharing, social-networking, or live-streaming platform. However, as
their knowledge and sophistication grows, some governments are beginning to move
toward blocking access to individual pages or profiles on such services or requesting from
the companies to disable access to the offending content. These dynamics were particularly
evident surrounding protests that erupted after the anti-Islam video Innocence of Muslims
appeared on YouTube. Voice over Internet Protocol (VoIP) and free messaging services
such as Skype, Viber, and WhatsApp are also frequently targetedin some countries due
to difficulties the authorities face in intercepting such communication tools, and in others
because the telecommunications industry perceives them as a threat to their own revenue.
Lebanon, Ethiopia, and Burma are among several countries where the use of VoIP services
remained prohibited as of May 2013.
Holding intermediaries liable:

An increasing number of countries are introducing directives, passing laws, or interpreting
current legislation so as to make internet intermediarieswhether internet service
providers (ISPs), site hosting services, webmasters, or forum moderatorslegally liable for
the content posted by others through their services and websites. As a consequence,
intermediaries in some countries are voluntarily taking down
or deleting potentially objectionable websites or comments
to avoid legal liability. In the most extreme example,
Intermediaries in some
intermediary liability in China has resulted in private
countries are voluntarily
companies maintaining whole divisions responsible for
taking down or deleting
monitoring the content of social-media sites, search engines,
potentially objectionable
and online forums, deleting tens of millions of messages a
websites or comments to
year based on administrators interpretation of both longavoid legal liability.
standing taboos and daily directives from the ruling
Communist Party. In 22 of the 60 countries examined,
intermediaries were held to a disproportionate level of liability, either by laws that clearly
stipulate such rules or by court decisions with similar effects. In one recent example,
Brazilian authorities issued arrest warrants for two senior Google Brazil executives on the
grounds that the company failed to remove content that was prohibited under strict laws
governing electoral campaigns.
Throttling or shutting down internet and mobile service:

During particularly contentious events, a few governments have used their control over the
telecommunications infrastructure to cut off access to the internet or mobile phone service
in a town, a region, or the entire country. Egypt became the best-known case study in

January 2011, when the authorities shut off the internet for five days as protesters pushed
for the ouster of longtime president Hosni Mubarak. However, a number of other countries
have also cut off access to the internet or mobile phone networks. In Syria, several such
shutdowns occurred over the past year. In Venezuela, the dominant ISP temporarily shut
off access during the presidential election in 2012, allegedly due to cyberattacks. India and
China disabled text messaging on mobile phones in particular regions during protests and
rioting. In addition to outright shutdowns, some countries have used throttling, the
deliberate slowing of connection speeds, to prevent users from uploading videos or viewing
particular websites without difficulty. Over the past year, however, there were fewer
instances of internet shutdowns and throttling than in the previous year, most likely because
countries affected by the Arab Spring in 2011 had moved past the point where such tactics
would be useful to the authorities.
MAJOR TRENDS
Although many different types of internet control have been institutionalized in recent years, three
particular trends have been at the forefront of increased censorship efforts: increased surveillance,
new laws that restrict online speech, and arrests of users. Despite these threats, civic activism has
also been on the rise, providing grounds for hope that the future may bring more positive
developments.
Surveillance grows considerably as countries upgrade their

monitoring technologies
Starting in June 2013, a series of leaks by former U.S. contractor Edward Snowden revealed that
the NSA was storing the personal communications metadata of Americanssuch as the e-mail
addresses or phone numbers on each end, and the date and time of the communicationand
mining them for leads in antiterrorism investigations. Also exposed were details of the PRISM
program, through which, among other things, the NSA monitored communications of nonAmericans via products and services offered by U.S. technology companies. It then came to light
that several other democratic governments had their own surveillance programs aimed at tracking
national security threats and cooperating with the NSA. While there is no evidence that the NSA
surveillance programs were abused to suppress political speech, they have drawn strong
condemnations at home and abroad for their wide-reaching infringements on privacy. Since many
large technology companieswith millions of users around the worldare based in the United
States, the NSA was able to collect information on foreigners without having to go through the
legal channels of the countries in which the targeted users were located.

Although the U.S. surveillance activities have taken the spotlight in recent months, this study
reveals that most countries around the world have enhanced their surveillance powers over the past
year. In 35 of the 60 countries examined in Freedom on the Net
2013, the government has either obtained more sophisticated
In 35 of the 60 countries
technology to conduct surveillance, increased the scope and
examined, the government has
number of people monitored, or passed a new law giving it
obtained more sophisticated
greater monitoring authority. There is a strong suspicion that
surveillance technology,
many of the remaining 25 countries governments have also
increased the scope of people
stepped up their surveillance activities, though some may be
better than others at covering their tracks.
monitored, or passed a new law
giving it greater monitoring
While democratic countries have often engaged in legally

authority. Growing
dubious surveillance methods to combat and uncover terrorism
surveillance is also suspected
threats, officials in many authoritarian countries also monitor
in many of the remaining 25
the personal communications of their citizens for political
countries, but they may be
reasons, with the goal of identifying and suppressing
better at covering their tracks.
government critics and human rights activists. Such monitoring
can have dire repercussions for the targeted individuals,
including imprisonment, torture, and even death. In Bahrain, Ethiopia, Azerbaijan, and elsewhere,
activists reported that their e-mail, text messages, or other communications were presented to
them during interrogations or used as evidence in politicized trials. In many of these countries, the
state owns the main telecommunications firms and ISPs, and it does not have to produce a warrant
from an impartial court to initiate surveillance against dissidents.
Russia has emerged as an important incubator of surveillance technologies and legal practices that
are emulated by other former Soviet republics. Russia itself has dramatically expanded its
surveillance apparatus in recent years, particularly following the events of the Arab Spring.
Moreover, in December 2012, the Russian Supreme Court upheld the legality of the governments
hacking into the phone of an opposition activist. The court grounded its decision on the fact that the
activist had participated in antigovernment rallies, prompting fears that the case would be used as a
legal basis for even more extensive surveillance against opposition figures in the future. Belarus,
Uzbekistan, Kyrgyzstan, Kazakhstan, and Ukraine are among the countries that have implemented
the ICT monitoring system used by the Russians authorities (known by the acronym SORM) and
have either passed or considered legislation that would further expand their surveillance powers, in
some cases mimicking the current legislation in Russia.
All 10 of the African
countries examined in
this report have
stepped up their online
monitoring efforts in
the past year.
Until recently, only a handful of African countries had the means to

conduct widespread surveillance. However, this seems to be changing
rapidly as internet penetration increases and surveillance technologies
become more readily available. All 10 of the African countries
examined in this report have stepped up their online monitoring efforts
in the past year, either by obtaining new technical capabilities or by
expanding the governments legal authority. In Sudan, the
governments ICT surveillance was particularly pronounced in 2012

during a series of street protests, and it became dangerous for activists to use their mobile phones.
One activist switched off his phone for a few days to avoid arrest while hiding from the authorities.
When he turned it back on to call his family, officials quickly determined his location and arrested
him the same day.
In the Middle East and North Africa, where extralegal surveillance has long been rampant, the
authorities continue to use ICT monitoring against regime opponents. In Saudi Arabia, the
government has been proactively recruiting experts to work on intercepting encrypted data from
mobile applications such as Twitter, Viber, Vine, and WhatsApp. In Egypt, President Mohamed
Morsis advisers reportedly met with the Iranian spy chief in December 2012 to seek assistance in
building a surveillance apparatus that would be controlled by the office of the president and
operated outside of traditional security structures. Even in postrevolutionary Libya, reports
surfaced in mid-2012 that surveillance tools left over from the Qadhafi era had been restored,
apparently for use against suspected loyalists of the old regime.
Perhaps most worrisome is the fact that an increasing number of countries are using malware to
conduct surveillance when traditional methods are less effective. Opposition activists in the United
Arab Emirates, Bahrain, Malaysia, and more than a dozen other countries were targeted with
malware attacks over the past year, giving the attackers remote access to victims e-mail,
keystrokes, and voice communications. While it is difficult to know with a high degree of certainty,
there are strong suspicions that these activists respective governments were behind the attacks.
Some democratic governmentsincluding in the United States and Germanyhave used malware
to conduct surveillance in criminal investigations, but any such use typically must be approved by a
court order and narrowly confined to the scope of the investigation.
Censorship intensifies as countries pass new laws and directives to

restrict online speech
Until several years ago, very few countries had laws that specifically dealt with ICTs. As more
people started to communicate onlineparticularly via social media, which allow ordinary users to
share information on a large scalean increasing number of governments have introduced new
laws or amended existing statutes to regulate speech and behavior in cyberspace. Since launching
Freedom on the Net in 2009, Freedom House has observed a proliferation of such legislative activity.
This trend accelerated over the past year, and since May 2012
alone, 24 countries have passed new laws or implemented new
regulations that could restrict free speech online, violate users 24 countries have passed new
laws or implemented new
privacy, or punish individuals who post certain types of content.
Many authoritarian countries have used legitimate concerns about
cybercrime and online identity theft to introduce new legal
measures that criminalize critical political speech. In November
2012, the government of the United Arab Emirates issued a new
cybercrime law that provides a sounder legal basis for combatting
regulations that could

restrict free speech online,
violate users privacy, or
punish individuals who post
certain types of content.

online fraud, money laundering, hacking, and other serious abuses. However, the law also contains
punishments for offending the state, its rulers, and its symbols, and for insulting Islam and other
religions. Those found guilty of calling for a change to the ruling system can face a sentence of life
in prison. In September 2012, Ethiopias government passed the Telecom Fraud Offenses law,
which is supposed to combat cybercrime but also includes provisions that toughen the ban on VoIP,
require users to register all ICT equipment (including smartphones) and carry registration permits
with them, and apply penalties under an antiterrorism law to certain types of electronic
communications. Considering that free speech activists have already been tried under the
antiterrorism laws for criticism of the regime, the new legislation was met with significant concern.
Several countries have also passed new laws intended to block information that is perceived as
extremist or harmful to children. While such concerns have led to legitimate policy discussions in
a wide range of countries, some of the recent legislation is so broadly worded that it can easily be
misused or turned on political dissidents. For example, the Russian parliament in July 2012 passed
what is commonly known as the internet blacklist law, which allows blocking of any website with
content that is considered harmful to minors, such as child pornography and information related to
suicide techniques and illegal drug use. However, the law has also been used occasionally to block
other websites, such as a blog by an opposition figure (no official reason for blocking was provided)
or another blog that featured a photo-report on the self-immolation of a Tibetan independence
activist protesting the visit of the Chinese president (the official reason for blocking was that the
post promoted suicide). In Kyrgyzstan, a new law allows the government to order web hosting
services to shut down websites hosted in Kyrgyzstan, or the blocking of any sites hosted outside the
country, if officials recognize the content as extremist, which is very broadly defined.
In some countries, the authorities have decided to institute stricter regulations specifically aimed at
online news media. The traditional media in authoritarian states are typically controlled by the
government, and users often turn to online news outlets for independent information. The tighter
controls are designed to help rein in this alternative news source. A new law in Jordan requires any
electronic outlet that publishes domestic or international news, press releases, or comments to
register with the government; it places conditions on who can be the editor in chief of such outlets;
and it prohibits foreign investment in news media. The penalties for violations include fines and
blocking, and in May 2013 the government proceeded to block over 200 websites that failed to
comply with the new rules. Similarly, in Sri Lanka, online news outlets are now required to obtain
a license, which can be denied or withdrawn at any time.
More users are arrested, and face harsher penalties, for posts on
social media
Laws that restrict free speech are increasingly forcing internet users into courts or behind bars.
Over the past year alone, in 28 of the 60 countries examined, at least one user was arrested or
imprisoned for posting certain types of political, social, or religious content online. In fact, a
growing number of governments seem to exert control over the internet not through blocking and
filtering, but by arresting people after the posts are published online. In addition, courts in some
10
In 28 of the 60 countries
examined, at least one user was
arrested or imprisoned for
posting political, social, or
religious content online.
countries have allowed higher penalties for online speech than

for equivalent speech offline, arguably because of the internets
wider reach.
As more people around the world utilize social media to

express their opinions and communicate with others, there has
been a dramatic increase in arrests for posts on sites such as
Twitter, Facebook, and YouTube. In at least 26 of the
examined countries, users were arrested for politically or
socially relevant statements on social-media sites. Although political activists are targeted most
frequently, more and more ordinary, apolitical users have found themselves in legal trouble after
casually posting their opinions and jokes. Unlike large media companies and professional journalists
with an understanding of the legal environment, many users of this kind may be unaware that their
writings could land them in jail.
Last year in India, for example, at least eleven users were charged under the so-called IT Act for
posting or liking posts on Facebook. In one of the best-known cases, police arrested a woman for
complaining on Facebook about widespread traffic and service disruptions in her town to mark the
death of the leader of a right-wing Hindu nationalist party. The womans friend, who liked the
comment, was also arrested. The detentions were widely criticized, both on social media and by
public figures, and the charges were later dropped. In Ethiopia, a student
was arrested and charged with criminal defamation after he posted a
A woman in India
comment on his Facebook page that criticized the rampant corruption at
was arrested for
another local university.
liking a friends
status on Facebook.
Users are most often detained and tried for simply criticizing or mocking
the authorities. At least 10 users were arrested in Bahrain over the past
year and charged with insulting the king on Twitter, and several
ultimately received prison sentences ranging from one to four months. In Morocco, an 18-year-old
student was sentenced to 18 months in prison for attacking the nations sacred values after he
allegedly ridiculed the king in a Facebook post, and a 25-year-old activist received an even harsher
sentence for criticizing the king in a YouTube video. In Vietnam, several bloggers were sentenced
to between 8 and 13 years in prison on charges that included defaming state institutions and
misuse of democratic freedoms to attack state interests.
In addition to criticism of political leaders, speech that might offend religious sensitivities is landing
a growing number of users in jail. This is most prevalent in the Middle East, but it has occurred
elsewhere in the world. In Saudi Arabia, any discussion that questions the official interpretation of
Islam commonly leads to arrest. Prominent writer Turki al-Hamad was arrested in December 2012
after tweeting that we need someone to rectify the doctrine of [the prophet] Muhammad; he was
held in detention for five months. In April 2013, a Tunisian court upheld a prison sentence of seven
and a half years for a man who published cartoons depicting the prophet Muhammad on his
Facebook page. And earlier this year in Bangladesh, several bloggers were charged with harming
religious sentiments under the countrys ICT Act for openly atheist posts that criticized Islam. The
11

charges carried a prison sentence of up to 10 years, though in August 2013 the law was amended to
increase the maximum penalty to 14 years.
Some regimes have also shown very little tolerance for humor that may cast them or the countrys
religious authorities in a negative light, leading to more arrests and prosecutions. For instance, in
June 2012, a popular Turkish composer and pianist was charged with offending Muslims with his
posts on Twitter, including one in which he joked about a call to prayer that lasted only 22 seconds,
suggesting that the religious authorities had been in a hurry to get back to their drinking and
mistresses. He was charged with inciting hatred and insulting religious values, and received a
suspended sentence of 10 months in prison. In another example, in India, a 25-year-old cartoonist
was arrested on a charge of seditionwhich carries a life sentenceand for violating laws against
insulting national honor through his online anticorruption cartoons, one of which depicted the
national parliament as a toilet. He was released on bail after the sedition charge was dropped.
Growing activism stalls negative proposals and promotes positive

change
Although threats to internet freedom have continued to grow, the studys findings also reveal a
significant uptick in citizen activism online. While it has not always produced legislative changes
in fact, negative developments in the past year vastly outnumber positive developmentsthere is a
rising public consciousness about internet freedom and freedom of expression issues. Citizens
groups are able to more rapidly disseminate information about negative proposals and put pressure
on the authorities. In addition, ICTs have started to play an important role in advocacy for positive
change on other policy topics, from corruption to womens rights, enabling activists and citizens to
more effectively organize, lobby, and hold their governments accountable.
This emergent online activism has taken several forms. In 11 countries, negative laws were
deterred as a result of civic mobilization and pressure by activists, lawyers, the business sector,
reform-minded politicians, and the international community. In the Philippines, after the passage of
the restrictive Cybercrime Prevention Act, online protests and
campaigns ran for several months. Individuals blacked out their
profile pictures on social networks, and 15 petitions were filed
In 11 countries, negative laws
with the Supreme Court, which eventually put a restraining
were deterred as a result of
order on the law, deeming it inapplicable in practice. In
civic mobilization and
Kyrgyzstan, the government proposed a law on protection of
pressure by activists, lawyers,
childrenmodeled on the similar law in Russiathat activists
the business sector, reformfeared would be used as a tool for internet censorship, as it
minded politicians, and the
allowed the government to close sites without a court decision.
international community.
The proposal sparked public outrage, spurring local advocacy
efforts that eventually compelled parliament to postpone the bill
until it could be amended.
In a select few countries, civic activists were able to form coalitions and proactively lobby
governments to pass laws that protect internet freedom or amend previously restrictive legislation.
12

In Mexico, for example, following a public campaign by 17 civil society organizations that joined
forces in early 2013, freedom of access to the internet in now guaranteed in Article 6 of the
constitution. Although the Mexican government has not introduced any secondary legislation that
would specify how the new right will be protected in practice, the constitutional amendment is
seen as a significant victory. In the United Kingdom, the government passed a law to revise the
Defamation Act, discouraging the practice of libel tourism and limiting intermediary liability for
user-generated content of defamatory nature. Civil society has also been increasingly active on the
global stage, lobbying for greater transparency and inclusion in advance of the World Conference
on International Telecommunications (WCIT-12) in Dubai, and in some instances placing pressure
on their national delegations.
ICTs have also been an important tool for mobilization on issues other than internet freedom,
leading to important changes. In Morocco, online activism contributed to a national debate on
Article 475 of the penal code, which allows rapists to avoid prosecution if they agree to marry their
victims. Although womens rights advocates have been lobbying for years to alter this law, the
necessary momentum was created only after a 16-year-old girl committed suicide, having been
forced to wed her alleged rapist. Womens rights activists successfully used social media and online
news platforms to counter arguments made by state-controlled radio and television outlets, rallying
popular support for reforms. In January 2013, the government announced plans to revise the article
in question. In other countriesincluding many authoritarian states like China, Saudi Arabia, and
Bahraincitizen journalists exposs of corruption, police abuse, pollution, and land grabs forced
the authorities to at least acknowledge the problem and in some cases punish the perpetrators.
In addition to activism by groups, citizens, and other stakeholders, the judiciary has played an
important role as protector of internet freedom, particularly in more democratic countries where
the courts operate with a greater degree of independence. Since May 2012, the courts in at least 9
countries have issued decisions that may have a positive impact on internet freedom. In South
Korea, the Constitutional Court overturned a notorious law that required all users to register with
their real names when commenting on large websites. In Italy, a court issued a ruling to clarify that
blogs cannot be considered illegal clandestine press under an outdated law stipulating that anyone
providing a news service must be a chartered journalist. In practice this rule had led some
bloggers and internet users to collaborate with registered journalists when publishing online in
order to protect themselves from legal action.
13
(ByFOTN2013
ranking)
Country
Iceland
F
Estonia
F
Germany
F
USA
F
Australia
F
France
F
Japan
F
X
Hungary
F
X
Italy
F
UK
F
Philippines
F
Georgia
F
SouthAfrica
F
Argentina
F
Kenya
F
Ukraine
F
Armenia
F
Nigeria
PF
Brazil
PF
SouthKorea
PF
Angola
PF
Uganda
PF
Kyrgyzstan
PF
Ecuador
PF
Mexico
PF
Indonesia
PF
Tunisia
PF
Malawi
PF
Morocco
PF
Malaysia
PF

X
X
X
X
X
Technicalattacksagainst
governmentcriticsand
humanrightsorgs
Blogger/ICTuserphysically
attackedorkilled(incl.in
custody)
Blogger/ICTuserarrested
forpoliticalorsocial
writings
Newlaw/directiveincr.
surveillanceorrestricting
anonymitypassed
Newlaw/directive
increasingcensorshipor
punishmentpassed
Progovernment
commentatorsmanipulate
onlinediscussions
LocalizedornationwideICT
shutdown
Political,social,and/or
religiouscontentblocked
Socialmediaand/or
communicationapps
blocked
(F=Free,PF=PartlyFree,
NF=NotFree)
FOTN2013Status

14
X
X
X
X
X
X
X
15
Political,social,and/or
religiouscontentblocked
LocalizedornationwideICT
shutdown
Progovernment
commentatorsmanipulate
onlinediscussions
Newlaw/directive
increasingcensorshipor
punishmentpassed
Newlaw/directiveincr.
surveillanceorrestricting
anonymitypassed
Blogger/ICTuserarrested
forpoliticalorsocial
writings
Blogger/ICTuserphysically
attackedorkilled(incl.in
custody)
Technicalattacksagainst
governmentcriticsand
humanrightsorgs
PF
Libya
PF
Jordan
PF
Cambodia
PF
India
PF
Rwanda
PF
Bangladesh
PF
Turkey
PF
Azerbaijan
PF
Venezuela
PF
Russia
PF
Zimbabwe
PF
SriLanka
PF
Kazakhstan
PF
Egypt
PF
Thailand
PF
Burma
NF
Sudan
NF
UAE
NF
Belarus
NF
Pakistan
Saudi
Arabia
Bahrain
NF
NF
NF
Vietnam
NF
Uzbekistan
NF
Ethiopia
NF
Syria
NF
China(PRC)
NF
Cuba
NF
Iran
NF
TOTAL
19
29
22
14
11
28
26
31
(F=Free,PF=PartlyFree,
NF=NotFree)
Lebanon
Country
(ByFOTN2013
ranking)
FOTN2013Status
Socialmediaand/or
communicationapps
blocked
X=InternetcontrolobservedduringtheMay2012April2013coverageperiod;
X=InternetcontrolobservedafterMay1,2013

Freedom on the Net measures the level of internet and digital media freedom in 60 countries. Each
country receives a numerical score from 0 (the most free) to 100 (the least free), which serves as
the basis for an internet freedom status designation of FREE (0-30 points), PARTLY FREE (31-60
points), or NOT FREE (61-100 points).
Ratings are determined through an examination of three broad categories:
A. OBSTACLES TO ACCESS: assesses infrastructural and economic barriers to access;
governmental efforts to block specific applications or technologies; and legal, regulatory,
and ownership control over internet and mobile phone access providers.
B. LIMITS ON CONTENT: examines filtering and blocking of websites; other forms of
censorship and self-censorship; manipulation of content; the diversity of online news media;
and usage of digital media for social and political activism.
C. VIOLATIONS OF USER RIGHTS: measures legal protections and restrictions on online
activity; surveillance; privacy; and repercussions for online activity, such as legal
prosecution, imprisonment, physical attacks, or other forms of harassment.
FREEDOM ON THE NET 2013: GLOBAL SCORES

COUNTRY
FREEDOMON
THENET
2013
STATUS
FREEDOMON
THENET2013
TOTAL
0100Points
A.SUBTOTAL:
OBSTACLESTO
ACCESS
025Points
B.SUBTOTAL:
LIMITSON
CONTENT
035Points
C.SUBTOTAL:
VIOLATIONSOF
USERRIGHTS
040Points
ICELAND
Free
ESTONIA
Free
GERMANY
Free
17
UNITEDSTATES
Free
17
12
AUSTRALIA
Free
18
11
FRANCE
Free
20
12
JAPAN
Free
22
11
HUNGARY
Free
23
10
ITALY
Free
23
12
UNITEDKINGDOM
Free
24
16
16
COUNTRY
FREEDOMON
THENET
2013
STATUS
PHILIPPINES
Free
25
10
10
GEORGIA
Free
26
11
SOUTHAFRICA
Free
26
11
ARGENTINA
Free
27
10
KENYA
Free
28
12
UKRAINE
Free
28
14
ARMENIA
Free
29
12
NIGERIA
PartlyFree
31
10
13
BRAZIL
PartlyFree
32
17
SOUTHKOREA
PartlyFree
32
13
16
ANGOLA
PartlyFree
34
15
13
UGANDA
PartlyFree
34
11
15
KYRGYZSTAN
PartlyFree
35
12
10
13
ECUADOR
PartlyFree
37
10
11
16
MEXICO
PartlyFree
38
11
10
17
INDONESIA
PartlyFree
41
11
11
19
TUNISIA
PartlyFree
41
12
21
MALAWI
PartlyFree
42
16
11
15
MOROCCO
PartlyFree
42
11
24
MALAYSIA
PartlyFree
44
15
20
LEBANON
PartlyFree
45
14
10
21
LIBYA
PartlyFree
45
17
19
JORDAN
PartlyFree
46
13
13
20
CAMBODIA
PartlyFree
47
14
15
18
INDIA
PartlyFree
47
15
12
20
FREEDOMON A.SUBTOTAL:
THENET2013 OBSTACLESTO
TOTAL
ACCESS
0100Points
025Points
B.SUBTOTAL:
LIMITSON
CONTENT
035Points
C.SUBTOTAL:
VIOLATIONSOF
USERRIGHTS
040Points
17
COUNTRY
FREEDOMON
THENET
2013
STATUS
RWANDA
PartlyFree
48
12
18
18
BANGLADESH
PartlyFree
49
13
12
24
TURKEY
PartlyFree
49
12
18
19
AZERBAIJAN
PartlyFree
52
13
17
22
VENEZUELA
PartlyFree
53
16
16
21
RUSSIA
PartlyFree
54
10
19
25
ZIMBABWE
PartlyFree
54
16
14
24
SRILANKA
PartlyFree
58
15
20
23
KAZAKHSTAN
PartlyFree
59
15
23
21
EGYPT
PartlyFree
60
15
12
33
THAILAND
PartlyFree
60
10
21
29
BURMA
NotFree
62
20
16
26
SUDAN
NotFree
63
17
19
27
UNITEDARAB
EMIRATES
NotFree
66
13
22
31
BELARUS
NotFree
67
16
22
29
PAKISTAN
NotFree
67
20
20
27
SAUDIARABIA
NotFree
70
14
24
32
BAHRAIN
NotFree
72
11
26
35
VIETNAM
NotFree
75
14
28
33
UZBEKISTAN
NotFree
78
20
28
30
ETHIOPIA
NotFree
79
22
28
29
SYRIA
NotFree
85
24
25
36
CHINA(PRC)
NotFree
86
19
29
38
CUBA
NotFree
86
24
29
33
IRAN
NotFree
91
22
32
37
FREEDOMON A.SUBTOTAL:
THENET2013 OBSTACLESTO
TOTAL
ACCESS
0100Points
025Points
B.SUBTOTAL:
LIMITSON
CONTENT
035Points
C.SUBTOTAL:
VIOLATIONSOF
USERRIGHTS
040Points
18

60 COUNTRY SCORE COMPARISON (0 = Most Free, 100 = Least Free)
0
Iceland
Estonia
Germany
UnitedStates
Australia
France
Japan
Hungary
Italy
UnitedKingdom
Philippines
Georgia
SouthAfrica
Argentina
Kenya
Ukraine
Armenia
Nigeria
Brazil
SouthKorea
Angola
Uganda
Kyrgyzstan
Ecuador
Mexico
Indonesia
Tunisia
Malawi
Morocco
Malaysia
Lebanon
Libya
Jordan
Cambodia
India
Rwanda
Bangladesh
Turkey
Azerbaijan
Venezuela
Russia
Zimbabwe
SriLanka
Kazakhstan
Egypt
Thailand
Burma
Sudan
UAE
Belarus
Pakistan
SaudiArabia
Bahrain
Vietnam
Uzbekistan
Ethiopia
Syria
China(PRC)
Cuba
Iran
10
6
20
30
40
17
17
18
20
22
23
23
24
25
26
26
27
28
28
29
31
32
32
34
34
35
37
38
50
60
70
80
90
100
FREE(030)
PARTLYFREE(3160)
NOTFREE(61100)
41
41
42
42
44
45
45
46
47
47
48
49
49
52
53
54
54
58
59
60
60
62
63
66
67
67
70
72
75
78
79
85
86
86
91
19
Freedom on the Net 2013

A GLOBAL ASSESSMENT OF INTERNET AND DIGITAL MEDIA
Iceland
Russia
Estonia
UK
Belarus
Germany
Ukraine
Kazakhstan
Hungary
Georgia
France Italy
Uzbekistan
Kyrgyzstan
Azerbaijan
Turkey Armenia
Syria
Iran
Tunisia
China
Lebanon
Morocco
Jordan
Pakistan
Bahrain
Libya
Egypt
Saudi
Bangladesh
United
Arabia
India
Burma
Arab Emirates
USA
Mexico
Cuba
Sudan
Nigeria
Venezuela
Ethiopia
Uganda
Equador
Angola
Philippines
Thailand
Cambodia
Vietnam
Malaysia
Kenya
Rwanda
Brazil
Sri Lanka
Japan
South Korea
Indonesia
Malawi
Zimbabwe
Australia
South
Africa
Argentina
Free
Partly Free
Not Free
COUNTRY NOT
ASSESSED IN 2013
Freedom on the Net 2013 assessed 60 countries around the globe.
The project is expected to expand to more countries in the future.
REGIONAL GRAPHS
ASIA (0 = Most Free, 100 = Least Free)
0
10
20
Japan
30
40
50
60
70
80
90
100
22
Philippines
25
FREE
SouthKorea
32
PARTLYFREE
Indonesia
41
Malaysia
NOTFREE
44
Cambodia
47
India
47
Bangladesh
49
SriLanka
58
Thailand
60
Burma
62
Pakistan
67
Vietnam
75
China(PRC)
86
EURASIA (0 = Most Free, 100 = Least Free)

0
Georgia
Ukraine
Armenia
Kyrgyzstan
10
20
30
40
50
60
70
80
26
28
29
35
Turkey
Azerbaijan
Russia
Kazakhstan
Belarus
Uzbekistan
49
52
54
59
67
78
90
100
21
22
AUSTRALIA , EU, ICELAND & UNITED STATES (0 = Most Free, 100 = Least Free)
0
10
Iceland
20
30
40
50
60
70
80
90
100
6
FREE
Estonia
PARTLYFREE
Germany
17
UnitedStates
17
Australia
NOTFREE
18
France
20
Hungary
23
Italy
23
UnitedKingdom
24
LATIN AMERICA (0 = Most Free, 100 = Least Free)

0
Argentina
Brazil
10
20
30
40
50
60
70
80
90
27
32
Ecuador
Mexico
Venezuela
Cuba
37
38
53
86
100

MIDDLE EAST & NORTH AFRICA (0 = Most Free, 100 = Least Free)
0
10
20
30
40
Tunisia
50
60
70
80
90
100
41
Morocco
FREE
42
Lebanon
45
Libya
45
Jordan
PARTLYFREE
NOTFREE
46
Egypt
60
UAE
66
SaudiArabia
70
Bahrain
72
Syria
85
Iran
91
SUB-SAHARAN AFRICA (0 = Most Free, 100 = Least Free)

0
SouthAfrica
Kenya
Nigeria
10
20
30
40
50
60
70
80
26
28
31
Angola
34
Uganda
34
Malawi
Rwanda
Zimbabwe
Sudan
Ethiopia
42
48
54
63
79
90
100
23
SCORE CHANGES: FREEDOM ON THE NET 2012 VS. 2013

SCORE IMPROVEMENTS
FOTN20122013ScoreChange
14
13
12
FREE
10
PARTLYFREE
NOTFREE
8
6
5
4
4
2
3
2
1
Twelve countries registered positive score changes between the 2012 and 2013 editions of Freedom
on the Net. In some countriessuch as Tunisia and Burmathe improvements reflect government
efforts to open up the online sphere. In several countries, however, the improvements registered
mainly because of a decrease in the number of negative incidents from the previous coverage
period, at times because the authorities had less need to utilize certain types of internet control.
COUNTRY
FOTN FOTN
2012 2013
TRAJECTORY*
COUNTRY
FOTN FOTN
TRAJECTORY*
2012 2013
Estonia
10
Slight
Nigeria
33
31
Slight
Indonesia
42
41
Slight
SouthKorea
34
32
Slight
Kenya
29
28
Slight
Rwanda
51
48
Notable
SaudiArabia
71
70
Slight
Georgia
30
26
Notable
Thailand
61
60
Slight
Tunisia
46
41
Significant
Belarus
69
67
Slight
Burma
75
62
Significant
*AFreedomontheNetscoredecreaserepresentsapositivetrajectory()forinternetfreedom.
24
India
Brazil
UnitedStates
Venezuela
Ethiopia
Hungary
Pakistan
SriLanka
Turkey
Azerbaijan
Germany
Libya
Philippines
Russia
Syria
Vietnam
Argentina
Australia
Bahrain
China(PRC)
Egypt
Iran
Jordan
Kazakhstan
Malaysia
Mexico
Ukraine
Uzbekistan
SCORE DECLINES
FOTN20122013ScoreChange
0
1
1 1 1 1 1 1 1 1 1 1 1 1
2
2 2 2 2 2 2 2
3
3 3
4
4 4 4
5
5 5 5
FREE
PARTLYFREE
NOTFREE
8
9
COUNTRY
FOTN FOTN
TRAJECTORY*
2012 2013
COUNTRY
FOTN FOTN
TRAJECTORY*
2012 2013
India
39
47
Significant
Syria
83
85
Slight
Brazil
27
32
Significant
Vietnam
73
75
Slight
UnitedStates
12
17
Significant
Argentina
26
27
Slight
Venezuela
48
53
Significant
Australia
17
18
Slight
Ethiopia
75
79
Notable
Bahrain
71
72
Slight
Hungary
19
23
Notable
China(PRC)
85
86
Slight
Pakistan
63
67
Notable
Egypt
59
60
Slight
SriLanka
55
58
Notable
Iran
90
91
Slight
Turkey
46
49
Notable
Jordan
45
46
Slight
Azerbaijan
50
52
Slight
Kazakhstan
58
59
Slight
Germany
15
17
Slight
Malaysia
43
44
Slight
Libya
43
45
Slight
Mexico
37
38
Slight
Philippines
23
25
Slight
Ukraine
27
28
Slight
Russia
52
54
Slight
Uzbekistan
77
78
Slight
*AFreedomontheNetscoreincreaserepresentsanegativetrajectory()forinternetfreedom.
25

INTERNET FREEDOM VS. PRESS FREEDOM
Digital media in several of the 60 countries covered was relatively unobstructed when compared to
the more repressive or dangerous environment for traditional media. This difference is evident
from the comparison between a countrys score on Freedom Houses Freedom on the Net 2013 and
Freedom of the Press 2013 assessments.
The figure below shows the 35 countries in this edition with a score difference of 10 points or
greater. The bar graph characterizes a countrys Freedom on the Net 2013 score, while the scatterplot
() represents the countrys score in Freedom of the Press 2013, which measures media freedom in
the broadcast, radio, and print domains. This difference is cause for concern. Pressures that
constrain expression in print or broadcast formats have the potential to exert a negative impact, in
the short or long term, on the space for online expression.
FreedomontheNet2013andFreedomofthePress2013scores
100
90
80
70
60
50
40
30
20
10
Hungary
Italy
Philippines
Georgia
Argentina
Kenya
Ukraine
Armenia
Nigeria
Brazil
Angola
Uganda
Kyrgyzstan
Ecuador
Mexico
Tunisia
Malawi
Morocco
Malaysia
Libya
Jordan
Cambodia
Rwanda
Azerbaijan
Venezuela
Russia
Zimbabwe
SriLanka
Kazakhstan
Burma
Sudan
Belarus
SaudiArabia
Bahrain
Uzbekistan
FREE(020)
PARTLYFREE(3160)
NOTFREE(61100)
26

INTERNET FREEDOM VS. INTERNET PENETRATION
The figure below depicts the relationship between internet penetration rates and the level of digital
media freedom in Freedom on the Net 2013. Each point reflects a countrys internet penetration rate,
as well as its overall performance in the rest of the survey.
The PARTLY FREE countries in the middle are particularly noteworthy. As digital access increases,
they have a choiceto move right, and join the countries that are high-tech but NOT FREE; or left,
with the FREE countries that better protect expression.
100%
Iceland
FREE
90%
UnitedKingdom
Germany USA
InternetPenetrationRate,2012(ITUdata)
80%
Estonia Australia
70%
France
PARTLYFREE
Bahrain
NOTFREE
UAE
SouthKorea
Japan
Hungary
Malaysia
60%
Argentina
Lebanon
Italy
Morocco
Azerbaijan
Russia
Jordan
Brazil
50%
Belarus
SaudiArabia
Kazakhstan
Turkey
Venezuela
Tunisia
Armenia
SouthAfrica
Egypt Vietnam
Mexico
Nigeria
Philippines
Kenya Ukraine
Thailand
Georgia
40%
30%
Ecuador
China
Iran
Uzbekistan
Syria
Kyrgyzstan
Libya
Sudan
Rwanda
SriLanka
Angola Indonesia
Zimbabwe Pakistan
India
Uganda
Bangladesh
Cambodia
20%
10%
Burma
Malawi
0%
0
10
20
30
40
50
60
Cuba
Ethiopia
70
80
FreedomontheNet2013,AdjustedScore(0=MostFree,100=LeastFree)
90
100
27
FREEDOM ON THE NET 2013 28
FREEDOM ON THE NET 2013:

COUNTRY REPORTS
COUNTRY REPORTS
ANGOLA
2012
2013
INTERNET FREEDOM STATUS
N/A
PARTLY
FREE
Obstacles to Access (0-25)

Limits on Content (0-35)
Violations of User Rights (0-40)
n/a
n/a
n/a
n/a
15
6
13
34
Total (0-100)
POPULATION: 21 million
INTERNET PENETRATION 2012: 17 percent
SOCIAL MEDIA/ICT APPS BLOCKED: No
POLITICAL/SOCIAL CONTENT BLOCKED: No
BLOGGERS/ICT USERS ARRESTED: Yes
PRESS FREEDOM 2013 STATUS: Not Free
* 0=most free, 100=least free
KEY DEVELOPMENTS: MAY 2012 APRIL 2013

Parliamentary elections held in August 2012 saw the innovative and widespread use of
digital media tools that aimed to advance electoral transparency (see LIMITS ON
CONTENT).
An investigative report conducted by an exile news outlet revealed in April 2013 that
the Angolan state security services may be planning to implement an electronic
monitoring system that could track e-mail and other digital communications, with
assistance from Germany (see VIOLATIONS OF USER RIGHTS).
A journalist for the online radio news outlet, Voice of America, was assaulted in
December 2012 for his reporting on human rights issues, political violence, and
corruption in Angola. The journalists e-mail was also hacked (see VIOLATIONS OF
USER RIGHTS).
A targeted malware attack was launched against a prominent Angolan writer and
blogger in early 2013, purportedly to compromise his communications during an
ongoing defamation lawsuit lodged against him (see VIOLATIONS OF USER RIGHTS).
ANGOLA

INTRODUCTION
Since the end of the Angolan Civil War in 2002 that ravaged the country from its start in 1975,
access to information and communication technologies (ICTs) has improved dramatically.
Throughout the war, the countrys telecommunications were run primarily by the state under the
ruling Peoples Movement for the Liberation of AngolaLabour Party (MPLA), with the partys
Angola Telecom holding a monopoly of the sector. Toward the end of hostilities in 2001, the
government began adopting regulations to liberalize the telecom industry, which enabled private
investments to revitalize the countrys ICT infrastructure that had been severely damaged by the
decades-long conflict. Today, Angola has one of the largest mobile telecom markets in sub-Saharan
Africa and internet access is growing steadily.
Despite such improvements that have occurred in tandem with Angolas phenomenal economic
growth since 2002,1 political rights and civil liberties remain tightly controlled and restricted by the
MPLA under President Jose Eduardo dos Santos, who has been in power for over 34 years. Recent
parliamentary elections in August 2012 led to a highly flawed vote that kept dos Santos in power,2
in spite of the unprecedented flurry of social media activity and use of innovative digital media tools
that endeavored to combat electoral fraud. Nevertheless, such use of ICTs illustrated the
empowering ability of the internet and social media for journalists, activists, and opposition parties
who are increasingly turning to digital platforms as a means to sidestep the countrys longstanding
restrictions on traditional media.
While there are no administrative or systematic restrictions on ICT content in Angola, the
government has indicated its intent to limit internet freedom through legal measures, such as the
alarming draft Law to Combat Crime in the Area of Information Technologies and
Communication introduced by the National Assembly in March 2011. Often referred to as the
cybercrime bill, the draft law was ultimately withdrawn in May 2011 as a result of international
pressure and vocal objections from civil society. If enacted, however, the new law would have
legally empowered the authorities with the ability intercept information from private devices
without a warrant and imposed harsh penalties for objectionable speech expressed via ICTs and on
social media platforms, among other restrictions.
In 2012 and early 2013, internet freedom in Angola was limited primarily by increasing violations
of user rights. For example, in April 2013, a news report revealed that the Angolan intelligence
services may be planning to implement an electronic monitoring system that could track e-mail and
other digital communications. Violence against journalists typically experienced within the
traditional media sphere seeped into the online sphere in December 2012 when a journalist for the
online radio news outlet, Voice of America, was assaulted for his reporting on human rights issues,
political violence, and corruption in Angola. Meanwhile, technical attacks against independent and
critical news websites, blogs, and opposition voices are common.
1
CharacterizedbyanaverageannualGDPgrowthrateofnearly12percent.See,EstefaniaJoveretal.,Angola,PrivateSector
CountryProfile,AfricanDevelopmentBank,September2012,http://bit.ly/14Y27HZ.
2
FreedomHouse,Angola,FreedomintheWorld2013,http://www.freedomhouse.org/report/freedomworld/2013/angola.
ANGOLA

OBSTACLES TO ACCESS
Access to ICTs in Angola has improved markedly with increasing investments in the
telecommunications sector since the end of the countrys civil war in 2002. First introduced in
1996,3 the internet in Angola reached a penetration rate of 17 percent in 2012, up from just over 3
percent in 2007, according to the International Telecommunications Union (ITU).4 Fixed-line
broadband subscriptions, however, remain low with a penetration rate of only 0.16 percent in
2012,5 and are largely concentrated in the capital city, Luanda, due to the countrys high poverty
rate and poor infrastructure in rural areas. By contrast, access to mobile phones is much higher with
a penetration rate of 49 percent in 2012.6
In addition to infrastructural limitations and widespread poverty characterized by more than 36
percent of Angolans living on less than $2 a day,7 access to ICTs is further hindered by the
countrys fractured electricity system that serves only 30 percent of the population. In rural areas,
where more than 58 percent of the poor population lives,8 less than 10 percent have regular access
to electricity.9 Consequently, radio, television, and print outletswhich are subject to high levels
of government interferenceremain the primary sources of information for the majority of
Angolans.
Luanda is reputed to be the second most expensive city in the world,10 and for those able to access
the internet in urban areas, internet subscriptions start at $50 per month but can cost as high as
$100 per month for connections via satellite or WiMax. Unlimited internet subscriptions cost an
average of $140, while USB dongle devices that provide wireless access cost between $50 and $60.
Mobile internet packages come at a monthly cost of about $45.11 Already expensive for the vast
majority of Angolans, voice and data services in rural areas can be twice as expensive and of much
poorer quality, subject to frequent cuts and extremely slow connection speeds. According to the
ITU, Angolas mobile-cellular sub-basket of prices at purchasing power parity (PPP)which
expresses the price of goods in terms of buying power and adjusts exchange rates to facilitate
SilvioCabralAlmadaandHaymeePerezCogle,InternetDevelopmentinAngola,Ourcontribution,NetworkStartup
ResourceCenter,http://nsrc.org/AFRICA/AO/20060300InternetDevelopmentinAngola.pdf.
4
InternationalTelecommunicationUnion,PercentageofIndividualsUsingtheInternet,20002012,
http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.
5
InternationalTelecommunicationUnion,Fixed(Wired)BroadbandSubscriptions,20002012.
6
InternationalTelecommunicationUnion,MobileCellularTelephoneSubscriptions,20002012.
7
Angola,AfricanEconomicOutlook,2013,
http://www.africaneconomicoutlook.org/fileadmin/uploads/aeo/2013/PDF/Angola%20
%20African%20Economic%20Outlook.pdf.
8
Angola,AfricanEconomicOutlook,2013.
9
Angola,U.S.EnergyInformationAdministration,lastrevisedJanuary8,2013,
http://www.eia.gov/countries/analysisbriefs/Angola/angola.pdf.
10
AmiSedghi,WhichistheWorldsMostExpensiveCity?Costoflivingsurvey2012,Guardian,June12,2012,
http://www.theguardian.com/news/datablog/2012/jun/12/citycostofliving2012tokyo.
11
InterviewwithasourcebasedinAngola.
ANGOLA

international comparisonswas $28 in 2011, while the fixed-broadband sub-basket at PPP was
$74.12 Due to these high prices, most internet users log online at their workplaces.
Angolas domestic backbone is currently comprised of microwave, VSAT, and fiber-optic cables,
while the governments Master Plan for ICT development envisions connecting the countrys 18
provinces through a national fiber optic-backbone. Connection to the international internet goes
through the South Atlantic 3 (SAT-3) cable, over which the state-owned Angola Telecom has a
monopoly. Angola is also looking to connect to the Africa Coast to Europe (ACE) cable and the
West Africa Cable System (WACS) in the future, in addition to establishing a submarine cable
between Northeastern Brazil and Luanda to reduce the bandwidth costs associated with the distance
that internet traffic currently has to travel from Europe and the United States.13
According to the telecoms regulator, the Angolan National Institute of Telecommunication
(INACOM), there are currently five fixed-line operators in Angolathe state-owned Angola
Telecom, Mercury (owned by the state-owned petroleum company, Sonangol), Nexus, Mundo
Startel, and Wezacomwhile Angola Telecoms Multitel and a number of smaller private ISPs
provide internet services.
Mobile services are provided by two private operatorsMovicel and Unitel.14 Portugal Telecom
and state-owned Sonangol each have a 25 percent stake in Unitel. Investigative reports have
revealed that the presidents daughter, Isabel Dos Santos, also holds a 25 percent stake in Unitel, in
addition to sitting on the telecom providers board.15 Meanwhile, as of 2009, 80 percent of Movicel
is split between four private Angolan companiesPortmill Investimentos e Telecomunicaes
(with 40 percent), Modus Comunicare (19 percent), IpangIndstria de Papel e Derivados (10
percent), Lambda (6 percent), and Novatel (5 percent)while the remainder of Movicels capital
is held by two state enterprises, Angola Telecom and Empresa Nacional de Correios e Telgrafos
de Angola, with 18 percent and 2 percent, respectively.16
An ITU profile of the Angolan ICT sector characterizes competition in the international gateway,
wireless local loop, and fixed-wired broadband markets as monopolistic; by contrast, it describes
the markets for mobile, internet, and DSL services as competitive.17 Based on research conducted
by an independent analyst, however, no real competition exists in the provision of mobile and
internet services as most of the companies have shares belonging to senior government officials.18
12
InternationalTelecommunicationUnion,MeasuringtheInformationSociety,2012,http://www.itu.int/en/ITU
D/Statistics/Documents/publications/mis2012/MIS2012_without_Annex_4.pdf.
13
EstefaniaJoveretal.,Angola,PrivateSectorCountryProfile.
14
IntitutoAngolanodasComunicacoesSectorTelecom,accessedAugust30,2013,
http://www.inacom.og.ao/Inacom_home_page.htm.
15
KerryA.Dolan,IsabelDosSantos,DaughterOfAngolasPresident,IsAfricasFirstWomanBillionaire,Forbes,January23,
2013,http://www.forbes.com/sites/kerryadolan/2013/01/23/isabeldossantosdaughterofangolaspresidentisafricasfirst
womanbillionaire/.
16
RafaelMarquesdeMorais,TheAngolanPresidency:TheEpicentreofCorruption,MakaAngola(blog),accessedAugust30,
2013,https://wikileaks.org/gifiles/attach/169/169476_Ao100805.pdf.
17
InternationalTelecommunicationUnion,AngolaProfile(Latestdataavailable:2012),ICTEye,accessedAugust30,2013,
http://www.itu.int/net4/itud/icteye/CountryProfile.aspx.
18
RafaelMarquesdeMorais,TheAngolanPresidency:TheEpicentreofCorruption.
ANGOLA
Similar to other countries in sub-Saharan Africa, China has emerged as a key investor and
contractor in Angolas telecommunications sector. In 2008, the Angolan government contracted
the Chinese telecom ZTE to head the operations of the previously state-owned Movicel,19 which
makes the countrys second largest mobile network highly vulnerable to government interception
and interference without oversight, particularly given Chinas own reputation for such ICT
abuses.20 Other research accounts report that ZTE has been involved with assisting with the
Angolan militarys telecommunication,21 though in what capacity is unknown. More recently in
March 2012, ZTE and Huawei, another major Chinese telecom, were both contracted to develop
4G and LTE networks for Movicel.22
Meanwhile in June 2012, the countrys other private mobile operator, Unitel, launched a project in
partnership with the education ministry and Huawei to provide free access to the internet for
secondary school students in both public and private schools across the countrys 18 provinces.
Known as E-Net, the project aims to benefit over 18,000 students with computers supplied by
Huawei and internet access provided by Unitel.23
The Ministry of Post and Telecommunications (MCT) is responsible for oversight of the ICT
sector, while the Angolan Institute for Communications (INACOM), established in 1999, serves as
the sectors regulatory body. Reporting to the MCT, INACOM determines the sectors regulations
and policies, sets prices for telecommunications services, and issues licenses. The regulatory body
was set up as an independent public institution with both financial and administrative autonomy
from the ministry,24 though in practice, it has a limited measure of autonomy. According to reports
by the ITU and the World Bank, INACOM is not autonomous in its decision making process,25 in
part due to the ministerial appointment of the director general who can be dismissed for any
reason. In addition, the MCT has been known to influence staff appointments, while other
ministries are often involved in sector policy, leading to politically influenced regulatory
decisions.26
19
Angola:ChinasZTETakesonOperationalManagementofMovicel,Macauhub,October30,2008,
http://www.macauhub.com.mo/en/2008/10/30/5992/.
20
JohnReed,AfricasBigBrotherlivesinBeijing,ForeignPolicy,July30,2013,
http://www.foreignpolicy.com/articles/2013/07/30/africas_big_brother_lives_in_beijing_huawei_china_surveillance.
21
RoselynHseuhandMichaelByronNelson,WhoWins?ChinaWiresAfrica:TheCasesofAngolaandNigeria,paperprepared
forpresentationatNYU/GiessenDevelopmentFinanceConference,NYUSchoolofLaw,April9,2013,
http://iilj.org/newsandevents/documents/hsueh.pdf.
22
MichaelMalakata,AngolasMovicellaunchesLTE,ComputerWorldZambia,April23,2012,
http://www.pcadvisor.co.uk/news/networkwifi/3353225/angolasmovicellauncheslte/;EgonCossou,HighspeedInternet:
Angolasbig4Gleap,AfricaReview,May1,2012,http://www.africareview.com/Business+++Finance/Angolas+big+4G+leap/
/979184/1397314//bnmay//index.html.
23
MED,UnitelDesignInternetAccessProject,ANGOP,June7,2012,http://bit.ly/17juscJ.
24
RussellSouthwood,TheCaseforOpenAccessCommunicationsInfrastructureinAfrica:TheSAT3/WASCcableAngola
casestudy,AssociationforProgressiveCommunications,accessedAugust30,2013,
http://www.apc.org/en/system/files/APC_SAT3Angola_20080523.pdf:5.
25
InternationalTelecommunicationUnion,AngolaProfile.
26
PrivateSolutionsforInfrastructureinAngola:ACountryFrameworkReport,PublicPrivateInfrastructureAdvisoryFacility
andtheWorldBankGroup,2005,http://www.ppiaf.org/sites/ppiaf.org/files/publication/AngolaCFR.pdf:92.
ANGOLA

LIMITS ON CONTENT
To date, there have been no known incidents of the government blocking or filtering ICT content
in Angola, and there are no restrictions on the type of information that can be exchanged through
digital media technologies, aside from child pornography and copyrighted material.27 Social media
and communications apps such as YouTube, Facebook, Twitter and international blog-hosting
services are freely available. In addition, there have been no reported issues of intermediary liability
for service or content providers, nor have there been known instances of take-down notices issued
for the removal of online content. Nevertheless, according to an independent analyst, the
government has been known to deliberately take down its own content when the authorities have
wanted to prevent the public from accessing certain government information, such as specific
laws.28
While there has been no evidence of government efforts to interfere with or manipulate online
content, censorship of news and information in the traditional media sphere is common, leading to
worries that similar efforts to control the information landscape will eventually affect the internet.
The president and members of the ruling MPLA party own and tightly control the most of the
countrys media outlets, including those that are the most widely disseminated and accessed. Of the
dozen or so privately owned newspapers, most are held by individuals connected to the
government.
Self-censorship is commonly practiced by journalists in both state-run and private print outlets. As
a result of the limited space for Angolas independent voices in the traditional media, many writers
and readers are increasingly distributing and reading news online.29 In addition, journalists,
bloggers, and internet users have been generally less fearful expressing themselves and discussing
controversial topics online than they might be offline. There is more open criticism of the president
and ruling party circulating on blogs and social media platforms,30 though taboo topics related to
land grabs, police brutality, and demolitions are often avoided.
Due to the concentration of internet access and use in urban areas and the limited space for critical
voices in Angolas general media sphere, the online information landscape is still lacking in diversity
and unable to represent a variety of groups and viewpoints throughout the country. Independent
news outlets critical of the government do exist, with Folha8 and Agora being the most prominent,
though their audiences are reached primarily through their print publications. Moreover, the
economic viability of independent outlets, both online and print, is constrained by the lack of
27
Angola,CountryProfile,GlobalResource&InformationDirectory,lastupdatedJuly16,2012,
http://www.fosigrid.org/africa/angola.
28
InterviewwithaFreedomHouseconsultant.
29
DannyOBrien,UsingInternetCrimeLaws,AuthoritiesEnsnareJournalists,AttacksonthePressin2011,(NewYork:
CommitteetoProjectJournalists,February2012),http://cpj.org/2012/02/attacksonthepressin2011regulatingthe
intern.php.
30
LouiseRedvers,AngolaVictoryforCyberActivists?BBCNews,May27,2011,http://www.bbc.co.uk/news/worldafrica
13569129.
ANGOLA

advertising revenue from both state and private sources, since it is often denied to news outlets that
publish critical stories.31
In recent years, citizens have increasingly taken to the internet as a platform for political debate, to
express discontent with the countrys current state of affairs, and to launch digital activism
initiatives. Similar to many other African countries, the Angolan youth have embraced social media
tools and used them to fuel protest movements across the country.32 The positive impact of digital
media tools in Angola was particularly pronounced during the August 2012 parliamentary elections
when ICTs were used in innovative ways to advance electoral transparency. For example, citizens
were able to report electoral irregularities in real time on the monitoring website Eleies Angola
2012,33 while the National Electoral Commission used the internet and iPads to scan voter
registration cards.34 A Gallup poll cited by the African Media Initiative found that the internet and
smartphones had eroded the governments control over news and information, with only 16
percent of polled Angolans giving the president a thumbs-up rating.35 Nevertheless, the presidents
ruling MPLA party still swept the elections with over 70 percent of votes.36
VIOLATIONS OF USER RIGHTS

In the past year, concerns over state surveillance of ICTs increased when an investigative news
report published in April 2013 said that the Angolan intelligence services were planning to
implement an electronic monitoring system that could track e-mail and other digital
communications, with equipment and expertize from Germany. One case of violence against a
journalist for the online news radio site, Voice of America, was assaulted for his critical reporting,
while the prominent writer and blogger Rafael Marques de Morais had his personal computer
attacked with malware in a purported attempt to compromise his communications during an
ongoing defamation lawsuit lodged against him in early 2013.
The Angolan constitution provides for freedom of expression and the press, and in 2006, Angola
became one of the first African countries to enact a freedom of information law. In practice,
however, accessing government information remains extremely difficult. The judiciary is subject to
considerable political influence, with Supreme Court justices appointed to life terms by the
president and without legislative oversight; nevertheless, the courts have been known to rule
against the government on occasion, including most recently in May 2012 when the court rejected
31
FreedomHouse,Angola,FreedomofthePress2013,http://www.freedomhouse.org/report/freedompress/2013/angola.
SaraMoreira,YearofChangeinAngola,ButEverythingStaystheSame,GlobalVoices,December29,2012,
http://globalvoicesonline.org/2012/12/29/angola2012yearofchangeeverythingstaysthesame/.
33
EleiesAngola2012:http://eleicoesangola2012.com/
34
AngolansVoteinBoothsArmedwithiPads,news24,August31,2012,http://www.news24.com/Africa/News/Angolans
voteinboothsarmedwithiPads20120831.
35
AfricanMediaIni.,Twitterpost,August31,2012,7:21am,https://twitter.com/African_Media/status/241480901308063744.
36
AngolasRulingPartyDeclaredElectionWinner,CNN,September3,2012,
http://www.cnn.com/2012/09/02/world/africa/angolaelections.
32
ANGOLA

the appointment of the MPLA-favored candidate to head the National Electoral Commission in
advance of the August parliamentary elections.37
Meanwhile, stringent laws regarding state security and insult run counter to constitutional
guarantees and hamper media freedom, such as the Article 26 state security law passed in 2010
known as that allows for the detention of individuals who insult the country or president in public
meetings or by disseminating words, images, writings, or sound.38 Politicians, on the other hand,
are immune. Defamation and libel are crimes punishable by imprisonment. In recent years, a
number of journalists in the traditional media sphere have been prosecuted for criminal defamation
in lawsuits initiated by government officials,39 though such actions have not been taken against
online journalists or internet users as of yet.
In August 2011, a new Law on Electronic Communications and Services of the Information Society
was enacted, which delineated citizens rights to privacy and security online, among other
provisions related to regulating the telecommunications sector.40 Despite these acknowledgments,
the Angolan government has become increasingly keen on limiting internet freedom through legal
measures, as indicated by the alarming Law to Combat Crime in the Area of Information
Technologies and Communication introduced by the National Assembly in March 2011. Often
referred to as the cybercrime bill, the law was ultimately withdrawn in May 2011 as a result of
international pressure and vocal objections from civil society. The new law aimed to limit freedom
of expression more harshly online than offline by increasing penalties prescribed for offenses laid
out under Angolas criminal code committed through electronic media. For example, Article 16 of
the cybercrime bill increased the penalty for defamation, libel, and slander conducted online over
the penalty defined in the criminal code by a third.41
If passed, the law also would have empowered the authorities with the ability to intercept
information from private devices without a warrant42 and prosecute individuals for objectionable
speech expressed using electronic media tools and on social media platforms. Sending an electronic
message interpreted as an effort to endanger the integrity of national independence or to destroy
or influence the functionality of state institutions would have yielded a penalty of two to eight
years in prisons, in addition to fines. The law would have further criminalized the dissemination of
any recordings, pictures and video of an individual without the subjects consent,43 even if
produced lawfully, which could have impeded journalists ability to report on public protests or
37
AngolaCourtRemovesMPLAElectionHeadSusanaIngles,BBCNews,May18,2012,http://www.bbc.co.uk/news/world
africa18117413.
38
Angola:ReviseNewSecurityLaw,FreePrisonersinCabinda,HumanRightsWatch,December9,2010,
http://www.hrw.org/news/2010/12/08/angolarevisenewsecuritylawfreeprisonerscabinda.
39
Angola:DefamationLawsSilenceJournalists,HumanRightsWatch,August12,2013,
http://www.hrw.org/news/2013/08/12/angoladefamationlawssilencejournalists.
40
AVMAdvogados,NewsfromAngola,newsletter,August2011,http://www.avm
advogados.com/newsletter/2011.08/201108_avmnewsletter_eng.html#NFA01.
41
Angola:WithdrawCybercrimeBill,HumanRightsWatch,May13,2011,http://www.hrw.org/news/2011/05/13/angola
withdrawcybercrimebill.
42
AngolaClampsDownonInternet,SocialMedia,Journalism,April15,2011,http://www.journalism.co.za/index.php/news
andinsight/news130/165mediafreedom1/4034angolaclampsdownoninternetsocialmedia.html.
43
CommitteetoProtectJournalists,Angola,AttacksonthePressin2011,February2012,http://cpj.org/2012/02/attackson
thepressin2011angola.php.
ANGOLA

instances of police brutality using digital tools. The bill additionally prescribed penalties between 8
and 12 years in prison for espionage and whistle blowing activities, which would have included the
act of seeking access to classified information on an electronic system in order to reveal such
information or to help others to do so. The same penalty was provided for accessing unclassified
information that could be deemed as endangering state security.44
In an unexpected move, the Angolan government in May 2011 decided to remove the proposed
cybercrime legislation from parliament moments before it was due to be voted into law, in large
part as a result of widespread opposition and pressure from civil society.45 However, a government
minister publicly stated the same year that special clauses regarding cybercrimes would instead be
incorporated into an ongoing revision of the penal code, leaving open the possibility of internetspecific restrictions coming into force in future.
There are no restrictions on anonymous communication such as website or SIM card registration
requirements, and to date, there is little evidence that the state illegally monitors and intercepts the
electronic communications of its citizens. Nevertheless, an investigative report conducted by the
exile news and information outlet Club-K revealed in April 2013 that intelligence and state security
services were planning to implement an electronic monitoring system that could track e-mail and
other digital communications. According to Club-K, the sophisticated monitoring equipment was
imported from Germany and included German technicians who assisted in the systems installation
on a military base in Cape Ledo.46 The details of Club-Ks findings could not be corroborated as of
August 2013.
Meanwhile, there is no concrete evidence of whether or to what extent ICT service providers are
required to assist the government in monitoring the communications of their users, though the
strong presence of the state in the ownership structure of Angolas telecoms, particularly of mobile
phone operators, suggests that the authorities are likely able to wield their influence over service
providers if desired. Cybercafes, however, are not known to be subject to such requirements.
Attacks and extralegal violence against journalists in the traditional media sphere are unfortunately
common in Angola,47 and these actions may become more common against online journalists and
social media users as the internet increasingly becomes an empowering tool for citizens to vocalize
discontent and mobilize against the government. One case of violence against Antonio
Capalandanda, a journalist for the online news and radio site Voice of America, was reported in
May 2012, when the journalist was approached by an individual who identified himself as a state
security agent and threatened to harm Capalandanda if he continued to report on topics the
44
Angola:WithdrawCybercrimeBill,HumanRightsWatch.
LouiseRedvers,AngolaVictoryforCyberActivists?
46
AlemesmontamsistemadeescutaemAngola[GermansassemblelisteningsysteminAngola],ClubK,April23,2012,
http://www.clubk.net/index.php?option=com_content&view=article&id=14932:alemaesmontamsistemadeescutaem
angola&catid=11:focododia&Itemid=130.
47
AccordingtotheCommitteetoProtectJournalists,atleast10journalistshavebeenkilledinAngolasince1992.See,10
JournalistsKilledinAngolasince1992/MotiveConfirmed,CommitteetoProtectJournalists,accessedAugust2013,
http://www.cpj.org/killed/africa/angola/.;Angola:StopStiflingFreeSpeech,HumanRightsWatch,August1,2012,
http://www.hrw.org/news/2012/08/01/angolastopstiflingfreespeech.
45
ANGOLA

government deemed objectionable. Known for his reporting on human rights issues, political
violence, and corruption in Angola, Capalandanda was later assaulted in December 2012 by two
unidentified assailants who also stole his camera, voice recorder, and notepads. In January 2013,
Capalandandas e-mail account was hacked by an unknown entity.48
Independent and exile news websites have also been subject to technical violence such as hacking
and denial-of-service (DDoS) attacks, particularly during periods of political contestation. For
example, at the height of anti-government protests in February 2011, the website of the
independent outlet Club-K was met with frequent interruptions to the point of temporary
disablement. The popular blog Maka Angola, produced by the renowned critical writer Rafael
Marques de Morais, was also subject to a number of targeted DDoS attacks in 2011.49 More
recently in early 2013, Moraiss personal computer was attacked with customized malware,
purportedly to compromise his communications during an ongoing defamation lawsuit lodged
against him for his 2011 book, Blood Diamonds: Corruption and Torture in Angola.50
48
Angola:ContinuedThreats,ActsofIntimidationandSurveillanceofJournalistMrAntonioCapalandanda,Frontline
Defenders,January8,2013,http://www.frontlinedefenders.org/node/21235.
49
CandidoTeixeira,SoThisisDemocracy,2011NationalOverviewAngola2011,MediaInstituteofSouthernAfrica,2011,
http://www.misa.org/downloads/2011/Angola_STID2011.pdf.
50
Angola:DefamationLawsSilenceJournalists,HumanRightsWatch.
ANGOLA
ARGENTINA
2012

Total (0-100)
2013
FREE FREE
9
9
8
26
8
10
9
27
POPULATION: 40.8 million

BLOGGERS/ICT USERS ARRESTED: No
PRESS FREEDOM 2013 STATUS: Partly Free

Cases of intermediary liability were on the rise in 2012 and early 2013, with companies
such as Google and Yahoo facing take down requests and facing fines should they
choose not to comply with court orders (see LIMITS ON CONTENT).
Argentines utilized social media to mobilize thousands of people for 8N, the largest an
antigovernment protest movement in Argentina in over a decade, which took issue
with corruption, violent crime, and inflation (see LIMITS ON CONTENT).
In November 2012, a pilot cybercrimes unit was created to combat rising incidents of
hacking in Argentina (see VIOLATIONS OF USER RIGHTS).
ARGENTINA

INTRODUCTION
Although it has been the focus of academic study since the 1980s, the internet was first used for
commercial purposes in Argentina in 1991.1 Internet penetration has steadily increased since, and
Argentina is now home to one of the largest contingents of internet users in South America. In
2009, access began accelerating, due in part to government policies aimed at improving services and
expanding broadband connections throughout the country.
Argentina has an active legal environment, especially regarding free speech and the internet. The
countrys legal framework has generally protected online freedom of expression and Argentines
have free access to a wide array of online information. During 2012, multiple legal initiatives were
presented in Congress regarding matters of intermediary liability, internet neutrality, and network
surveillance.
Several court judgments between 2010 and 2013 restricted access to websites on claims of
defamation or intellectual property rights violations, with one ruling leading to the accidental
blocking of an entire blog-hosting platform. A series of injunctions against search engines in 2012
also imposed intermediary liability and forced companies to delete links from results presented to
users. Although some of these rulings threaten internet freedom, due process was generally
followed in each case and parties were given the chance to appear before the court to dispute the
charges filed against them.
The majority of injunctions filed in 2012 were brought by celebrities regarding content they
deemed damaging to their reputations. Although some intermediaries were subsequently ordered
to remove links and those individuals who posted the questionable material were ordered to
provide plaintiffs with monetary compensation, the Court of Appeals overturned some of these
rulings after receiving criticism from freedom of expression advocates as well as international
technology companies.2 In 2012, Argentina also witnessed several instances of retaliation against
online journalists, including violence, breaches of privacy, and the exposure of bloggers personal
information.
During the December 2012 World Conference on International Communications,3 Argentina
signed the International Telecommunications Regulations a binding global treaty designed to
facilitate international interconnection and interoperability of information and communication
JorgeAmodio,HistoriayEvolucindeInternetenArgentina[HistoryandEvolutionoftheInternetinArgentina],Internet
Argentina(blog),May16,2010,http://blog.internetargentina.net/p/indice.html.
2
TheBLUVOLcaseisparticularlyrelevant.Followingadecisionregardingdefamatorycontentpostedasacommentinablog
hostedonblogspot,aBuenosAiresCourtofAppealorderedGoogletopay10,000Argentinepesos(US$2,300)pluscourtcosts
fordamagessufferedbytheclaimant.Forcasedetails,see:http://www.diariojudicial.com.ar/documentos/2013
Marzo/Bluvol_c_Googlex_daxos_por_blog.doc
3
ThelandmarkWCITconferencewasconvenedbyITUinDubaiinDecember2012.See:ITU,WorldConferenceonInternational
Telecommunications(WCIT12):http://www.itu.int/en/wcit12/Pages/default.aspx.
ARGENTINA

services.4 Despite its status as a signatory, Argentina maintained reservations about being bound by
the regulations, wanting to safeguard the ability to take any measures necessary to protect its
national interests.5 Civil society organizations in Argentina remained heavily involved in the
meeting and expressed continued interest in its outcome.6
OBSTACLES TO ACCESS
Internet penetration in Argentina has improved consistently over the past decade, reaching 55.8
percent as of 2012.7 Mobile web connectivity has also increased in recent years, as cellular phones
have continued to grow in popularity.8 The expansion of Argentinas information and
communications technology (ICT) sector has been facilitated by increased government investment in
telecommunications infrastructure and equipment over the past three years. According to
government figures, by September 2012, the number of internet subscriptions in Argentina had
reached 12.2 million, with 10.3 million residential connections and 1.9 million commercial
connections. As compared to data from 2011, these figures depict an increase of approximately 38
percent in the residential sector and 100 percent in the commercial sector.9 Broadband connections,
offering an average speed of 3 Mbps, have proliferated in recent years, accounting for more than 99
percent of the internet market by late 2012. 10
Although access is growing across the country, the national Statistics institute,Instituto Nacional de
Estadsticas y Censos, reports a stark gap between large urban areas (such as the capital Buenos Aires,
Cordoba, and Santa Fe) and rural provinces; the former account for over 60 percent of home
internet connections in the country.11 In addition to socioeconomic disparities and price
4
AnahAradas,LosLationamericanosyelControldeInternet[LatinAmericansandControlovertheInternet],BBCMundo
Tecnologaonline,December14,2012,
http://www.bbc.co.uk/mundo/noticias/2012/12/121214_tecnologia_gobernanza_internet_dubai_aa.shtml.
5
LaArgentinaFirmconReservaslaPropuestaparaunaNuevaRegulacindeInternet[ArgentinaSignedtheProposalfor
NewInternetRegulationwithReservations],Infotechnology,December14,2012,http://www.infotechnology.com/internet/La
ArgentinafirmoconreservaslapropuestaparaunanuevaregulaciondeInternet201212140001.html.
6
HishamAlmiraat,WhatHappenedattheWCIT12:InterviewwithBeatrizBusaniche,GlobalVoicesAdvocacy,December15,
2012,http://advocacy.globalvoicesonline.org/2012/12/15/whathappenedatthewcit12interviewwithbeatrizbusaniche;
EnriqueA.Chaparro,DespusdelaWCIT,yMsAll[AftertheWCIT,andBeyond],FundacinVaLibre,December19,2012,
http://www.vialibre.org.ar/2012/12/19/despuesdelawcitymasalla/.
7
InternationalTelecommunicationUnion,PercentageofIndividualsUsingtheInternet,Fixed(Wired)InternetSubscriptions,
Fixed(Wired)broadbandAubscriptions,2006&2011,http://www.itu.int/ITUD/ICTEYE/Indicators/Indicators.aspx#;
InternationalTelecommunicationUnion,Statistics:PercentageofIndividualsUsingtheInternet,20002012,June17,2013,
http://www.itu.int/en/ITUD/Statistics/Documents/statistics/2013/Individuals_Internet_20002012.xls.
8
ElTribuno,ElTribuno,conelPresidentedeGoogleenArgentina[TheTribunewiththePresidentofGoogleArgentina],ElTribuno
online,November22,2012,http://bit.ly/1dSs6Db.
9
NationalInstituteofStatisticsandCensuses,AccesosaInternet[PressReportsonAccesstoInternet,ThirdQuarterof2012],
MinistryofEconomicsandPublicFinances,InstituteofStatisticsandCensuses,accessedMarch18,2013,
http://www.indec.gov.ar/nuevaweb/cuadros/14/internet_12_12.pdf.
10
Yahoo,LaArgentinaestFueradelPodiodeVelocidaddeInternetenAmricaLatina[ArgentinaisOutsidethePodiumof
InternetSpeedinLatinAmerica],YahooNews,May30,2012,http://ar.noticias.yahoo.com/argentinapodiovelocidadinternet
am%C3%A9ricalatina181000405.html.
11
NationalInstituteofStatisticsandCensuses,AccesosaInternet[PressReportsonAccesstoInternet,ThirdQuarterof
2012],MinistryofEconomicsandPublicFinances,InstituteofStatisticsandCensuses,accessedMarch18,2013,
http://www.indec.gov.ar/nuevaweb/cuadros/14/internet_12_12.pdf.
ARGENTINA

differences, National access points in geographically remote areas such as Patagonia and the
Northwest contribute to this urban-rural divide.12 The average broadband plan costs 115 pesos
(US$23) per month for the first twelve months, compared to a minimum monthly wage of 2,875
pesos (US$560). While some studies indicate that the average cost of a broadband plan could be
almost twice the aforementioned figure, such cost disparity is likely the result of differing scopes of
analysisif only the initial price of service is analyzed, a lower cost estimate results; if cost is based
on average prices for the first two years of service, a higher cost estimate is seen.13
In recent years, the Argentine government has accelerated its efforts to promote internet access via a
number of progressive policies. These include: the Digital Agenda of 2009, which established a
national plan for ICTs to connect citizens with government institutions in order to create a
knowledge society; the Argentina Connected Plan of 2010, a five-year initiative to expand
infrastructure and telecommunications services to the entire country; and the Equal Connection Plan
of 2010, which led to the provision of internet connections at all public secondary schools and laptop
computers for students throughout the country. Although universal service obligations have been in
place since 2001, the Universal Service Trust Fund, a government initiative predicated on the
enforcement of access commitments, was not enacted until November 2010.14
As of 2013, these policies have resulted in increasing internet access in rural areas, schools, parks,
and public spaces.15 Some provinces have also made arrangements with the national government to
build a wider fiber-optic network. In certain areas, rural cooperatives are responsible for the
installation of the network, resulting in significant growth in local penetration rates, and allowing
provincial governments to plan for future triple play service.16 Considering the national
governments share of the mobile spectrum, discussions have arisen regarding the availability of tetra
play service (a bundled service package of broadband internet, television and telephone along with
wireless service provisions) in the near future. Should the federal government decide to move
12
InterviewwithemployeeoftheLibraryoftheNationalCommunicationsCommission,,February18,2012.
HernnGalpern,PricesandQualityofBroadbandinLatinAmerica:BenchmarkingandTrends,CenterforTechnologyand
Society,UniversityofSanAndrs,August2012,http://www.udesa.edu.ar/files/AdmTecySociedad/12_ENG.pdf.
14
TheUniversalSericeTrustFundreinvestsonepercentofprofitsfromICTtelecommunicationscompaniesprofitstonarrow
thegapinaccesstobroadbandservicesacrossprovinces.
15
InclusionDigitalfueEjedelasPoliticasLlevadasAdelante,[DigitalInclusionwastheCenterofthePolicies],TerraNoticias,
December19,2012,http://noticias.terra.com.ar/inclusiondigitalfueejedelaspoliticasllevadas
adelante,474e7ceb0e2bb310VgnCLD2000000ec6eb0aRCRD.html;,[TheEqualConnectionPlanContinuesitsSuccessin2013],
AETecno,,December24,2012,http://tecno.americaeconomia.com/noticias/programaargentinoconectarigualdadcontinua
conexitohaciael2013;RuralSchoolsandIslandsWillConnecttoInternetThroughSatelliteAntennas,DiarioVictoria,
August3,2012,http://www.diariovictoria.com.ar/2012/08/escuelasruralesydeislascontaranconconexionainterneta
travesdeantenassatelitales/;EscuelasRiralesydeIslasContarnconConexinaInternetaTravsdeAntenasSatelitales
[IslandandRuralSchoolswillhaveInternetConnectionviaSatelliteDishes],July30,2012,
http://www.argentinaconectada.gob.ar/notas/3266avanzalainstalacininternetsatelitalescuelasruralesyfrontera;Angeles
Castro,OchentaPlazasTendrnAccesoaInternet[EightyParkswillhaveInternetAccess],LaNacion,July2,2012,
http://www.lanacion.com.ar/1486839ochentaplazastendranaccesoainternet.
16
El91%delosNeuquinosTieneAccesoaBandaAnchaensuCasa[91%ofNeuquenPeopleHaveBroadbandAccessat
Home]LaMaanaNeuquen,January21,2013,http://www.lmneuquen.com.ar/noticias/2013/1/21/el91delosneuquinos
tieneaccesoabandaanchaensucasa_175489;CooperativasInstalaronFibraOpticaenelSurCordobes[Cooperatives
InstalledFiberOpticsintheSouthofCordoba],ElComercial,December27,2012,http://bit.ly/GzrS8W;ProvincesWillOffer
theirVersionofTriplePlayHandinHandwiththeEqualConnectionPlan,iProfesional,February2,2013,http://bit.ly/13Ijpo3;
ImplementationoftheNetworkthatwillBringInternettotheWholeProvinceGoesForward,ElEsqui,January28,2013,
http://www.elesquiu.com/notas/2013/1/28/sociedad269839.asp.
13
ARGENTINA

forward with such offerings, partnerships may be formed with local governments allowing for
federal assistance in the form of necessary infrastructure. It is in this context that the government has
deemed the Federal Wireless Network an issue of public interest, a classification which will
prioritize the expansion of national internet access.17 In keeping with its expanding ICT investment,
the Argentine government is now building the first three communications satellites in the countrys
history.18
The aforementioned government initiatives have resulted in a surge of data traffic over the national
network.19 Although this is a boon to projects dedicated to increasing internet access, in some cases,
such occurrences have been detrimental to quality of service.20 Despite new installations of network
access points designed to improve the user experience, the regional landscape has resulted in small
businesses being provided with lower quality than residential users.21 The government has spent
substantial time and money improving the national network, however connection gaps remain in
some provinces, where penetration rates remain as low as 25 percent.22
When the telecommunications industry was privatized in the 1980s, the former state-owned
operator was split into two companies: Telecom Argentina, which covers the Northern region of the
country, and Telefonica de Argentina, which covers the South. Some 300 other companies have
since been granted licenses to operate as internet service providers (ISPs).23 Many of these
enterprises are regional providers and serve as provincial subsidiaries of the aforementioned
umbrella companies or other large firms such as Fibertel (of Grupo Clarn), which also controls a
notable share of the broadband market.24
To date, the State has not interfered with international internet connectivity. However, as part of
the Argentina Connected Plan, the government has begun work on an internal state-sponsored fiberoptic cable backbone, to be managed by a government-owned firm upon its completion, which is
17
DeclarandeinterspblicolaRedFederalInalmbrica[FederalWirelessNetworkDeclaredAPublicInterest],Ambito,
December17,2012,http://ambito.com/noticia.asp?id=667793.
18
PorPrimeraVezArgentinaConstruirTresSatlitesdeComunicaciones"[FortheFirstTimeArgentinaWillBuildThree
CommunicationsSatellites],Ambito,September10,2012,http://www.ambito.com/noticia.asp?id=653735.
19
CanalAR,EnunAoSeCuadruplicelTrficodeDatosenlaRedNacionaldeNAP[InOneYeartheDataTrafficoftheNAP
NationalNetworkQuadrupled],CanalAR,September13,2012,http://www.canalar.com.ar/nota.asp?Id=17758.
20
,ArgentinaOcupael38LugarenlaCalidaddelAccesoaInternet[ArgentinaRanks38thonInternetQuality],ElEsqui,
September7,2012,http://www.elesquiu.com/notas/2012/9/7/tecnologia253616.asp.
21
CenterinLaPlatawillImproveInternetConnection,BureaudePresna,June7,2012,
http://www.bureaudeprensa.com/comunicados/view.php?bn=bureaudeprensa_inte&key=1339083712;BrasilyArgentina
LideranelRankingdeCentrosdeInterconexinaInternet[BrazilandArgentinaLeadtheRankingofInternetInterconnection
Centers,CABASE,December18,2012,http://www.cabase.org.ar/wordpress/brasilyargentinalideranelrankingdecentros
deinterconexionainternet/;JorgeGustavo,LasPymesRecibenPeorServiciodeBandaAnchaqueelSegmentoResidencial
[SmallBusinessesHaveWorstInternetQualitythanResidentialSegment],Cronista,January28,2013,http://bit.ly/123ngzN.
22
ArSatInvest830MillionDollarsonTelecommunications,PrensarioInternacional,July17,2012;ConectarDesigualdad:
Msdel75%delosHogaresdeJujuyNoPoseenAccesoaInternet[UnequalConnection:75%oftheHomesinJujuyLack
InternetAccess,JujuyalDa,January9,2013,http://www.jujuyaldia.com.ar/2013/01/09/conectardesigualdadmasdel75
deloshogaresdejujuynoposeenaccesoainternet/;NationalInstituteofStatisticsandCensuses,EncuestaNacionalsobre
AccesoyUsodeTecnologasdelaInformacinylaComunicacin(ENTIC)[NationalInquiryonAccessandUseofTICs],
December11,2012,http://www.indec.gob.ar/nuevaweb/cuadros/novedades/entic_11_12_12.pdf.
23
InformaciondelasEmpresas[BusinessInformation],NationalCommunicationsCommission,accessedMarch20,2012,
http://www.cnc.gob.ar/ciudadanos/internet/empresas.asp?offset=0.
24
ArgentinaBroadbandOverview,PointTopic.
ARGENTINA

currently scheduled for 2015.25 It remains to be seen whether or not this project will result in
greater centralization and greater government control of the backbone.
Mobile phone penetration in Argentina is significantly higher than internet usage, with 59 million
lines active as of late 2012,26 or 143 cellular telephone subscriptions per 100 inhabitants.27 The
mobile phone market in Argentina is dominated by three providers: Telefonicas Movistar,
Telecoms Personal, and Claro, owned by Mexican billionaire and worlds richest man Carlos Slim
Helu.28 Each provider covers approximately one third of the market; all offer 3G services.
Following a 2004 agreement that permitted Telefnica to buy Movicom, a cell phone company that
was utilizing 850MHz and 1900 MHz cellular frequencies, the government has restricted the use of
those specific bands.29 In accordance with the purchase agreement for Movicom, Telefnica was
required to relinquish the frequencies to the state free of charge in order to avoid concentration of
the radio-electric spectrum in the hands of a few. After repeated postponement of auctions for the
frequency bands in 2012, the situation was finally resolved by the federal government. President
Fernandez de Kirchner announced that Libre.ar, a branch of government-owned corporation ArSat,
would administer the frequencies, offering cellular phone services through small businesses and
telephone cooperatives.30 This decision, implemented via Resolution 71/2012 of the
Communication Secretariat,31 (and justified with the rationale that only one of the companies
bidding for the bands met necessary requirements related to future investment and development32)
allows the government to regain control over the mobile sector.33 To date, such control has not
extended to the government overtaking ICTs.
The Argentine government planned to launch its proprietary mobile service in March 2013, through
an arrangement with Movistar, Personal, and Claro that allows the three providers to use stateowned frequencies. As of publication, however, the governments mobile service had not yet been
launched. When implemented, the agreement will allow some telephone cooperatives and small
25
GovernmentownedcorporationARSATwouldmanagethenetwork.ARSATbeganoperatinginJuly2006.Itsstatedpurpose
istopromotetheArgentinespaceindustryandincreasesatelliteservicestodifferentpartsofthecountry.ARSATCompany
website:http://www.arsat.com.ar.
26
NationalInstituteofStatisticsandCensuses,HistoricSeriesofCommunications:ActiveCellphones,National
CommunicationsCommission,accessedJune5,2012,http://www.indec.gob.ar/nuevaweb/cuadros/14/sh_comunicac2.xls
27
InternationalTelecommunicationUnion,Statistics:MobileCellularSubscriptions,20002012,June17,2013,
http://www.itu.int/en/ITUD/Statistics/Documents/statistics/2013/Individuals_Internet_20002012.xls.
28
TheRichestPeopleonthePlanet2013,Forbes,April4,2013,http://www.forbes.com/billionaires/.
29
Gekkye,ArgentinaLicitaFrecuenciasdeTelefoniaCelular[ArgentinaBidsCellularTelephonyFrequencies],Geekyeonline,
June6,2012,http://geekye.infonews.com/2012/06/06/tecnologia23977argentinalicitafrecuenciasdetelefoniacelular.php.
30
MarceloCanton,PonenenMarchalaEmpresaEstataldeCelulares[Libre.ar,TheStateMobileCompanyStartedWorking],
Clarin,December14,2012,http://www.clarin.com/politica/PonenempresaestatalcelularesLibrear_0_828517184.html;Juan
PedroToms,NuevamenteRetrasanLicitacindeEspectroMvil[OnceMore,BidfortheMobileSpectrumisDelayed,BN
Americas,June8,2012,http://bit.ly/1eUxPvl.
31
Resolution71/2012,CommunicationsSecretariat,Contabilis,http://contablis.com.ar/legislacion/resoluciones/resolucion71
2012seccomunicaciones.
32
PlanificacinAnunciqueARSATExplotarFrecuenciasparaTelefonaCelular[ItwasAnnouncedthatArSatWillExploit
CellularPhoneFrequncies],TELAM,September9,2012,http://www.telam.com.ar/nota/37042/.
33
EstadoAdministrar25%delEspectroparaServiciosMvilesconARSAT[TheStatewillAdminister25%oftheMobile
ServicesSpecter],MediaTelecom,December14,2012,http://bit.ly/15F0VvO.
ARGENTINA

businesses to resell these services,34 a development viewed by the cooperatives as an opportunity to
gain recognition in the mobile services arena.35 The new plan is also attractive to foreign investors
looking to enter Latin Americas mobile services market, such as Chinese telecommunications firm
Datang Mobile, which views Argentina as the most profitable point of entry due to its large number
of cellphones and potential to embrace 4G services.36
The governments proposed mobile service has the potential to catalyze positive change in the
industry, especially given that mobile providers currently face harsh criticism related to poor
performance and high prices.37 Accordingly, all three major providers have stated their plans to
invest in infrastructure during 2013 in order to expand and improve fixed line and mobile
networks.38 Another positive development in this field concerns a debate currently before the Senate
over a law that obligates companies to commercialize cell phones for people with hypoacusis, or
partial hearing loss.39 If passed, this law would define the provision of mobile phones as a public
service, a classification which has been subject to national debate, but which would ameliorate the
high prices that telecommunications companies currently charge.40
Private companies wishing to operate as ISPs must first obtain a license from the communications
commission, Comisin Nacional de Comunicaciones (CNC).41 The CNC functions under the
communications secretariat, Secretara de Comunicaciones, as a decentralized entity. Both operate
34
AlejandroAlfie,ElGobiernoProfundizasuAcuerdoconlasTelefnicas[TheGovernmentdeepenstheagreementwiththeCellPhone
Companies],Clarin,January4,2013,http://www.clarin.com/politica/Gobiernoprofundizaacuerdo
telefonicas_0_841115952.html.
35
ExpectativaEntrelasCooperativasParaPoderDarServiciodeTelefonaMvil[ExpectationsfromtheTelephone
CooperativesforthePossibilityofRenderingtheMobileService],Telam,September9,2012,
http://www.telam.com.ar/nota/38902/.
36
ElNegociodelasTelecomunicacionesAtraeelIntersChino[ChineseInterestinNationalTelecommunications],Telam,
October7,2012,http://www.telam.com.ar/nota/40165/.
37
LosCelularesVanalTopedelRankingdeReclamos[MobileServicesRankFirstonComplaints]ElDia,November5,2012,
http://www.eldia.com.ar/edis/20121105/loscelularesvantopedelrankingreclamoslaciudad7.htm;ArgentinaPagala
TelefonaCelularMsCaradelMundo[ArgentinaPaysMostExpensiveMobileServiceintheWorld],LaCapital,November1,
2012,http://www.lacapital.com.ar/informaciongral/Argentinapagalatelefoniacelularmascaradelmundo20121101
0042.html;MartinGrosz,Celulares:HablarconTarjetaCuestaHasta6VecesMsqueelAbonoFijo[PrePaidPlansAre6TimesMore
ExpensivethanNormalPlans],Clarin,December28,2012,http://www.clarin.com/sociedad/Celulareshablartarjetacuesta
abono_0_836916401.html.
38
PersonalAvanzaconunPlandeReconversionTecnologica[PersonalPlansaTechnologicRationalization],TerraNoticias,
January13,2013,http://noticias.terra.com.ar/personalavanzaconunplandereconversion
tecnologica,ade598ce1e34c310VgnCLD2000000ec6eb0aRCRD.htmlTelefnicaInvertir2,045MddenArgentina[Telefonica
WillInvest2,045MillionDollarsinArgentina],ReutersviaElEconomista,December18,2012,
http://eleconomista.com.mx/industriaglobal/2012/12/18/telefonicainvertira2045mddargentina;JosCrettaz,Claro
AnunciunaInversindeUS$400MillonesensuRedMvil,UnileverInvierte$1500Millones[ClaroAnnouncesa$400Million
InvestmentinitsMobileNetwork,UnileverInvests1.5Billion],LaNacion,November8,2012,http://bit.ly/Z3qHCv.
39
ElSenadoAprobAmpliarelAccesoalaTelefonaMvilparaPersonasHipoacsicas[SenateApprovedAccesstoMobile
NetworkofPersonswithHypoacusis],DiarioVictoria,November29,2012,http://www.diariovictoria.com.ar/2012/11/el
senadoaproboampliarelaccesoalatelefoniamovilparapersonashipoacusicas/.
40
GiustinianiylaCruzadaparaqueelCelularSeaServicioPblico[GiustinianiandtheCrusadefortheCellularTelephoneasa
PublicService],LaCapital,July2,2012,http://www.lacapital.com.ar/laciudad/Giustinianiylacruzadaparaqueelcelularsea
serviciopublico201207020048.html.
41
NationalCommunicationsCommission,,Decree764/2000Annex1[inSpanish],accessedMarch20,2012,
http://www.cnc.gov.ar/normativa/Dec764_00AnexoI.pdf.
ARGENTINA

under the authority of the Ministry of Federal Planning, Public Investment, and Services.42 Upon
receipt of an application, the CNC refers the submission to the Secretariat of Communications,
which makes the final decision to grant a license. The applicant is required to pay a relatively modest
sum of 5,000 Argentine pesos ($1,100) at the time of submission.43 The licensing process for mobile
phone providers is similar; once approved, no additional fees are charged, however providers are
required to pay special taxes, such as those specified under the Universal Service Trust Fund.
Cybercafe licenses are processed like those of any other small business; no additional approvals are
required.
Although the statutory composition of the CNC offers some degree of independence, per
Presidential Decree 521, the executive branch has run the body since 2002 in order to increase
efficiency.44 The decree provides for an ad hoc administrator (interventor) appointed by the president,
who fulfills the functions of the CNC president and board of directors and also appoints other
commission members at his or her discretion. This arrangement has detracted from the
independence of the institution, but there have been few complaints about corruption or unfairness
in the CNCs operations. Since 2010, controversy and accusations of political bias have emerged
surrounding one case, Fibertels ISP license, indicating a degree of public mistrust of the regulator.45
A case relating to these charges has been pending before a federal court since March 2013.
LIMITS ON CONTENT
Argentine internet users have access to a wide array of online content, including international and
local news outlets, websites of political parties, and civil society initiatives. The government does
not impose automated filtering or restrictions on politically oriented information. However,
websites related to pornography are blocked in educational institutions, libraries, and other public
locations in Buenos Aires in accordance with Law 2974.46 In recent years, controversy has emerged
over the blocking of allegedly defamatory material, copyright protected content, and injunctions
that invoke intermediary liability. A few projects related to these issues were recently taken up in
Congress.
Various social media tools, such as the social networking site Facebook, the video-sharing platform
YouTube, and the microblogging service Twitter are freely available in Argentina. In August 2011,
however, Googles blog-hosting platform Blogger was blocked for nearly one week following a
42
MinistryofFederalPlanning,OrganizationChart[inSpanish],PublicInvestmentandServices,accessedJune6,2012,
http://institucional.minplan.gov.ar/html/organigrama/.
43
NationalCommunicationsCommission,GuideforLicenseApplications,accessedMarch20,2012,
http://www.cnc.gob.ar/infotecnica/archivos/Guide_Licence%20Application[eng].pdf.
44
NationalCommunicationsCommission,PresidentialDecreeN521/2002[inSpanish],March20,2002,
http://www.cnc.gov.ar/institucional/biblioteca/buscador/Normativa/pdf/Decreto521_02.pdf.
45
Pressed:ArgentinasMedia,TheEconomist,August25,2010,
http://www.economist.com/blogs/americasview/2010/08/argentinas_media;FederalJudgeFreezesOrdertoCancelFibertels
License,GovttoAppeal,BusinessNewsAmericas,September27,2010,
http://www.bnamericas.com/news/telecommunications/Federal_judge_freezes_order_to_cancel_Fibertel*s_license,_govt_to
_appeal.
46
ArgentineFederalGovernment,LawNo.2974,CEDOM;http://www.cedom.gov.ar/es/legislacion/normas/leyes/ley2974.html
ARGENTINA

court decision to restrict access to two URLs for websites titled Leaky Mails functioning as local
spinoffs of WikiLeaks, one hosted on Blogspot, a Blogger service which provides domain names.47
These websites had published the correspondence of government officials, politicians, journalists,
and other public figures. Much of the content on the sites appeared to be personal in nature and
irrelevant to both public policy and the exposition of malfeasance and corruption.48 ISPs complied
with the court order and blocked access to the IP addresses of the two pages, effectively blocking the
entire Blogger platform, including over one million blogs not specified in the judicial order. After
criticism from the public and Google, the block was lifted within one week and ISPs shifted to a
more precise filtering technique.49 As of May 2013, the Leaky Mails blog remains inaccessible. The
Blogger domain has not had any additional site-wide disruptions.
The judicial action taken against the Cuevana website in 2011 and 2012 also garnered public
attention. Launched in 2009, the website, which catalogues and connects users to sites that enable
the free streaming of movies and television programs, quickly became one of the most visited
websites in Argentina and the largest of its kind in Latin America. Since late 2011, various
international content producers, including HBO, Turner Argentina, 20th Century Fox, and Disney
Enterprises, have filed lawsuits against the site alleging infringement of intellectual property
rights.50 In November 2011, the National Court of First Instance issued a directive requiring ISPs to
block certain programs on Cuevanas website.51 In March 2012, prosecutors opened a criminal case
against the sites administrator, alleging that the site had profited from copyrighted materials via
financial donations. The administrator denied the charges, claiming that donations were largely
voluntary and that profits had been reinvested.52 If he is found guilty, the administrator could face
up to six years in prison. In January 2013, the Buenos Aires Federal Criminal Court of Appeals
rejected a request by HBO Ole Partners to completely block the site.53 The court determined that
the measure was disproportionately broad, especially given that no suspect had been formally
identified (the administrator was the only person mentioned in the suit) and that the location of the
server was still unknown. It has not yet been determined whether Cuevana is an indexation site
47
NationalCommunicationsCommission,ATodoslosLicenciatariosdeTelecomunicacionesqueBrindanServiciosdeAccesoa
Internet[AllTelecomlicenseesprovidingInternetAccessservices],accessedMarch20,2012,
http://www.cnc.gov.ar/noticia_detalle.asp?idnoticia=106.
48
LaJusticiaBloquealWikiLeaksArgentino[JusticeBlockedtheArgentineWikileaks],TNCable,August11,2011,
http://tn.com.ar/politica/00062732/juezpidiobloquearal%E2%80%9Cwikileaks%E2%80%9Dargentino;ATodoslos
LicenciatariosdeTelecomunicacionesqueBrindanServiciosdeAccesoaInternet..
49
GoogleDenunciaunBloqueodesusBlogsenlaArgentina[GoogleReportsBlockageofBlogsinArgentina],TNCable,
August19,2012,http://tn.com.ar/tecnologia/00064541/googledenunciaunbloqueomasivodesusblogsenlaargentina.
50
CuevanaSumaMsProblemas[CuevanaHasMoreProblems],Clarin,March7,2012,
http://www.clarin.com/internet/mundo_web/titulo_0_659334165.html;Cuevana:AbrenCausaPenalContralosDueosdel
SitioenArgentina[Cuevana:OpenCriminalCaseAgainsttheOwnersoftheSiteinArgentina],LaTercera,March16,2012,
http://bit.ly/zjW8g3.
51
JuanPabloDeSantis,LaJusticiaPidiBloquearelAccesoaSeriesenCuevana[JusticeBlocksAccesstoTVShowsin
Cuevana],LaNacion,November30,2011,http://bit.ly/GzsTxc.
52
GonzaloLarrea,ArgentinaOpensCriminalCaseAgainstCuevana,TTVMediaNews,
http://www.ttvmedianews.com/scripts/templates/estilo_nota.asp?nota=eng%2FTech%2FInternet%2F2012%2F03_Marzo%2F1
6_justicia_vs_cuevana;PabloSirven,InicianCausaPenalContraCuevana[CriminalProceedingsInitiatedAgainstCuevana],La
Nacion,March16,2012,http://www.lanacion.com.ar/1456828iniciancausapenalcontracuevana.
53
LaJusticiaRechazBloquearAccesoaCuevana[JusticerejectstheblockingofCuevana],InfoBae,February6,2013,
http://www.infobae.com/notas/695159LaJusticiarechazobloquearelaccesoaCuevana.html.
ARGENTINA

controlled by users, or if there are identifiable persons responsible for running the site. The name
of the administrator, however, was allegedly in the public domain.
To date, there is no legislation which pertains specifically to intermediary liability in Argentina. As
such, cases are decided individually and court decisions tend not to be uniform. In the absence of
specific regulations adjudicating liability to intermediaries for illegal content posted by third parties,
the courts generally apply broad rules pulled from the procedural law and the civil code.
Injunctions ordering takedown of content are also based on general rules.
By the end of 2012, multiple cases regarding intermediary liability were presented before the
courts,54 resulting in rulings against Google and Yahoo requiring the removal of sensitive material.
The individuals responsible for posting the material in question were in some cases ordered to pay
damages to the prominent public figures that had brought the charges. Actress Paola Krum and
model Barbara Lorenzo were among the plaintiffs awarded monetary compensation. Court orders
also resulted in Google and Yahoo removing the sensitive material from their search results and
blocking illicit images of both Krum and Lorenzo. In a more recent case, search engines were asked
to block a pornographic video made by well-known actress Florencia Pea before the video was
even uploaded. If found guilty of non-compliance, Google and Yahoo could be fined up to half a
million pesos (approximately $41,000 USD).55
Another controversial case regarding the blocking of indecent material surrounds the death of
Jazmn De Grazia, a model who drowned in a hot tub in February 2012 due to an alleged drug
overdose.56 Immediately following the incident, photographs of De Grazias dead body were
published by a newspaper and spread over the Internet. In September 2012, a Federal Court of
Appeals asked De Grazias parents to identify the webpages that had published the photos,
indicating to Google those sites which search engines were required to have blocked. The judge
subsequently issued a ruling that web pages containing information about the model were protected
by the right to freedom of speech, and could not be blocked by law.57
According to Googles Transparency Report, from July to December 2012, the Argentine
government submitted 51 court orders for content removal encompassing 160 items. Google
54
CIJ,OrdenanaGoogleyYahoo!EliminarResultadosdeBsquedaVinculadosalaActrizPaolaKrum[JusticeOrdersGoogle
andYahoo!toBlockSearchResultsRelatedtoActressPaolaKrum],September5,2012,http://www.cij.gov.ar/nota9778
OrdenanaGoogleyYahooeliminarresultadosdebusquedavinculadosalaactrizPaolaKrum.html;LaJusticiaOrdenque
GooglelePagueaunaModeloCuyaImagenApareceenPginasPorno[GoogleCondemnedtoPayaModelforPhotographsinPorn
Webpages],Clarnonline,September7,2012,http://www.clarin.com/internet/JusticiaGoogleimagenaparece
paginas_0_769723247.html.
55
LaJusticiaFallaFavordeFlorenciaPea[CourtrulesonbehalfofFlorenciaPea],LosAndesEstilo,January23,2013,
http://www.losandes.com.ar/notas/2013/1/23/justiciafallofavorflorenciapena692789.asp.
56
ConfirmanqueJazmndeGraziaMuriAhogada[JazmindeGraziaDrowned],LaNacin,February6,2012,
http://www.lanacion.com.ar/1446380investiganlascausasdelasorpresivamuertedejazmindegrazia.
57
InesTprnabeme,OrdenanaGoogleEliminarFotosdeJazmndeGrazia#google#jazmindegrazia#privacidad[Googleto
DeleteJazmindeGraziaPhotographs],HbeasData,September5,2012,
http://habeasdatacpdp.wordpress.com/2012/09/05/ordenanagoogleeliminarfotosdejazmindegraziagoogle
jazmindegraziaprivacidad/.
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compliedat least in partwith 82 percent of the requests.58 Googles breakdown indicates that
the majority of content was related to defamation (62 percent of the cases), followed by privacy
and security (18 percent), hate speech (4 percent), and national security (2 percent), with the
remainder of requests uncategorized.
In this context, many legal initiatives arose in 2012 and 2013. Senator Maria Eugenia Estenssoro led
a project concerning net neutrality, which incorporated a variety of civil society demands and
international standards followed by organizations such as the OAS and the UN. It applied not only
to ISPs, but rather to all telecommunication service providers, both public and private.59 Other
initiatives, however, have been met with reproach from civil society due to lack of clear terms.
Representative Julin Obiglios proposed project relating to intermediary responsibility, 8070-D2012, faced criticism for disregarding international standards when allowing third parties and
administrative bodies to ask ISPs to remove content without judicial order.60
Two other projects, 728/12,61 and 1892-D-12,62 seek to monitor the web for certain
discriminatory and violent content, by surveilling social networks, e-mails and text messages, and
requiring businesses to install detection and filtering programs of content unfit for underage
persons.63 Neither of these initiatives has been signed into law. In May 2013, the Senate Freedom of
Expression and Technology Commission hosted a session to discuss net neutrality problems and
other projects. Initiatives discussed in this session have not yet been made public.
Self-censorship among bloggers and online users is not widespread, and Argentines express a
diverse array of views online. Nevertheless, in the interior of the country where the rule of law is
weaker than in the capital district, some online journalists and bloggers are cautious about writing
about powerful local officials or mining companies due to the possibility of jeopardizing their
relationship with private advertisers. Given Argentinas polarized political environment, some
writers may adjust their reporting based on the partisan affiliation of their publication.
In fact, the Argentine federal and local governments are known for their discriminatory allocation
of official advertisingexcluding news outlets whose reporting has been critical of the government
58
GoogleTransparencyReport,Argentina,JulytoDecember2012,
http://www.google.com/transparencyreport/removals/government/AR/?by=product&p=201212.
59
ArgentineSenate.File3618/12,
http://www.senado.gov.ar/web/proyectos/verExpe.php?origen=S&tipo=PL&numexp=3618/12&nro_comision=&tConsulta=3.
60
ArgentineHouseofRepresentatives,File8070D2012,
http://www1.hcdn.gov.ar/proyxml/expediente.asp?fundamentos=si&numexp=8070D2012;BeatrizBusaniche,
ResponsabilidaddeIntermediariosdeInternet:ElDebatePendiente[InternetIntermediariesResponsibility:APending
Debate],LaNacion,November30,2012,http://www.lanacion.com.ar/1532025responsabilidaddeintermediariosdeinternet
eldebatependiente.
61
ArgentineSenate,File728/12,
http://www.senado.gov.ar/web/proyectos/verExpe.php?origen=S&tipo=PL&numexp=728/12&nro_comision=&tConsulta=3
62
ArgentineHouseofRepresentatives,File1892D2012,
http://www1.hcdn.gov.ar/proyxml/expediente.asp?fundamentos=si&numexp=1892D2012.
63
CarlosCortes,VigilanceontheInternet,CELEiLEI,July2012,http://www.palermo.edu/cele/pdf/Eldeseodeobservarla
red.pdf;BeatrizBusaniche,ProteccindeMenoresyLibertaddeExpresinenInternet[ProtectionofMinorsandFreedomof
SpeechontheInternet],LaNacion,August15,2012,http://www.lanacion.com.ar/1498094protecciondemenoresylibertad
deexpresioneninternet.
ARGENTINA

and rewarding those who publish supportive media.64 This phenomenon has had a negative impact
on freedom of expression, particularly in the print and broadcast media sectors.65 While funds
allocated to internet activities represent only three percent of the federal advertising budget, during
the first semester of 2012, 42 percent of that sum was assigned to only 10 beneficiaries, all with
clear ties to the federal government.66 In March 2011, the Supreme Court ruled unanimously that
the government must utilize equitable measures in its distribution of state advertising.67 Due to the
governments non-compliance, the Federal Court of Appeals issued a new request in August 2012
urging the state to abide by the law.68 To date, the government has faced no penalties for noncompliance.
There are no restrictions on access to national or foreign news sources, and Argentines are able to
express themselves freely online. According to some observers, the vigor of the pro-government
blogosphere has increased since 2009, although other oppositional political parties have also started
to gain ground.69 A wide range of views are shared online, including those related to potentially
sensitive topics such as the recent designation of Pope Francisco despite allegations that he was
complicit in abuses carried out by the Argentine Government in 1976.70 Opinions regarding the
controversial Argentina-Iran agreementwhich concerns the 1990s terrorist attack of a Jewish
Association in Buenos Airesare also voiced online.71 Despite such vigorous discussion, journalists
have complained about a lack of access to government representatives and a dearth of official press
conferences. In 2009, an online portal called Mejor Democracia (Better Democracy), which
provided the public with government-related information, was shut down. When it later reopened,
64
DimensindelaPublicidadOficialenlaArgentina[TheDimensionofOfficialPublicityinArgentina],PoderCiudadano,
accessedMarch20,2012,http://poderciudadano.org/wp/wpcontent/uploads/2011/12/Informaci%C3%B3npreliminarPO
PoderCiudadano.pdf;AsociacionporlosDerechosCivilesandOpenSocietyJusticeInitiative,BuyingtheNews:Areporton
FinancialandIndirectCensorshipinArgentina,OpenSocietyInstitute(2005),
http://www.censuraindirecta.org.ar/advf/documentos/48ee57ee263549.92961213.pdf.
65
PoderCiudadano,DimensindelaPublicidadOficialenlaArgentina.
66
JuanPablodeSantis,EnInternet,elDinerodelaPublicidadOficialTambinQuedaenPocasManos[OntheInternet,
OfficialAdvertisingisAlsointheHandsofaFew],LaNacion,March21,2013,http://www.lanacion.com.ar/1564903en
interneteldinerodelapublicidadoficialtambienquedaenpocasmanos.
67
IFEX,SupremeCourtUrgesGovernmenttoAvoidBiasinAllocatingStateAdvertising,newsrelease,March8,2011,
http://www.ifex.org/argentina/2011/03/08/omit_discriminatory_criteria/;CommitteetoProtectJournalists,SupremeCourt
TellsArgentinatoAvoidBiasinAllocatingAds,March4,2011,http://cpj.org/2011/03/supremecourturgesargentinato
avoidbiasinall.php.
68
LaPublicidadOficial[TheOfficialAdvertising],Pagina12,August15,2012,http://www.pagina12.com.ar/diario/elpais/1
20109620120815.html;Clarin,PublicidadOficial:OtroFalloenFavordePerfil[OfficialAdvertising:AnotherRulingBenefitsPerfil],
Clarin,August15,2012,http://www.clarin.com/politica/PublicidadoficialfallofavorPerfil_0_755924464.html;EditorialPerfil
SAc/FederalGovernmentChiefofStaffofMinistersSMCsunderLaw16.986,March2011;EditorialBlackRiver[RioNegro]
SAc/NeuqunProvinces/amparo,Fallos330:3907,September2007.
69
JorgeGobbi,Argentina:PresidentialElections,aReviewofBlogs,GlobalVoices,October26,2011,
http://globalvoicesonline.org/2011/10/26/argentinapresidentialelectionsareviewofblogs/.
70
MarianoCastillo,HumblePopeHasComplicatedPast,CNN,March16,2013,
http://www.cnn.com/2013/03/14/world/americas/argentinapopeprofile;LuisMajul,FranciscoleGanaaCFKenTodoslos
Frentes[FranciscoBeatsCFKonEveryFront],LaNacion,March21,2013,http://www.lanacion.com.ar/1565328franciscole
ganaacfkentodoslosfrentes.
71
HernanCappiello,BuscanAnularenlaJusticiaelAcuerdoconIrn[TheJewishCommunityisTryingtoAnnultheTreaty
withIran],LaNacion,March1,2013,http://www.lanacion.com.ar/1558988buscananularenlajusticiaelacuerdoconiran.
ARGENTINA

it did so with reduced transparency, offering notably less information than in its previous
incarnation.72 This is true to the present day.
Most civil society organizations also maintain their own websites, although user engagement in
sociopolitical movements is relatively low. Mobile phones, meanwhile, are increasingly being used
as a tool for activism; such devices will likely play decisive roles in future political movements.73
Mobile phone users have also utilized social media in order to protest poor quality of service by
orchestrating cellular blackouts, or periods of time when large groups of users refuse to use their
cellphones. Such measures have also been applied to social networks such as Twitter (#14N) and
Facebook (Apagn Celular de Facebook, also known as the Cell Blackout Facebook Group).74
The popularity of social media tools has grown overall in recent years. By April 2012, Argentina
had over 20 million registered Facebook users, representing almost 50 percent of the population,75
as well as approximately 1.6 million Twitter users.76 In late 2012, a major antigovernment protest
known as 8N (November 8) was mobilized using social media. The movement, which culminated
in thousands of people taking to the streets of Buenos Aires, Mendoza, Cordoba, and other cities to
protest corruption, violent crime, diminishing freedom of expression, and inflation, was organized
over Twitter (#8N) and Facebook. Throughout the protest, photos, videos, and opinions appeared
on Twitter, both in support of the movement (#8NYoVoyPorQue, I go because) and against it
(#8NYoNoVoyPorQue, I dont go because). Even those not in favor of protesting were largely in
agreement over the problems Argentina is facing, and saw the movement as a catalyst to make use
of social media to call for change through various avenues such as reform and voting.77 The scope of
the campaign, which began informally on social networks, was so large that shadow protests
occurred outside Argentine embassies in locations as far flung as Rome and Sydney.78 8N was the
largest protest in Argentina in over a decade, mobilizing at least 30,000 people in Buenos Aires
according to local police, a figure which regional media placed closer to 100,000.79
72
AsociacionporlosDerechosCiviles,CalificandeRetrocesoelBloqueodelaWebOficial[RegressionRatingBlocksOFficial
Website],October8,2009,http://www.adc.org.ar/sw_contenido.php?id=643.
73
LourdesCajrdenas,ONGMovilizanaCiudadanosporCelular[NGOsMobilizeCitizenshipbyCellphone],CNNExpansion,
January15,2010,http://www.cnnexpansion.com/expansion/2009/12/11/Mensajessinexcusas.
74
ConvocanaunApagondeCelulareselMiercoles[MobileBlackoutonWednesday],LaNacion,November13,2012,
http://www.lanacion.com.ar/1525892convocanaunapagondecelulareselmiercoles.
75
SocialBakers,Argentina:FacebookStatics,accessedFebruary1,2013,http://www.socialbakers.com/facebook
statistics/argentina.
76
NewMediaTrendWatch,MarketsbyCountry:Argentina,EuropeanTravelCommission(2012)
http://www.newmediatrendwatch.com/marketsbycountry/11longhaul/35argentina.
77
LauraSchneider,#8N:NuevaProtestaMasivaenArgentina[#8N:NewMassiveProtestinArgentina],GlobalVoices,
November9,2012,http://es.globalvoicesonline.org/2012/11/09/8nnuevaprotestamasivaenargentina/.
78
Bergman:HuboOrganizacinyLogsticaenlaMarchadel8N"[Bergman:OrganiztionandLogisticWorkforthe8N
Mobilization],ElIntransigente,November8,2012,http://www.elintransigente.com/notas/2012/11/8/bergmanhubo
organizacionlogisticamarchadel8n155979.asp;UnaMultitudseMovilizenel8NyHuboCacerolazosenCasiTodoelPas
[BigCrowdforthe8NandCacerolazosinNearlytheWholeCountry],LaNacion,November8,2012,
http://www.lanacion.com.ar/1524741cacerolazo8n;ConzPreti,ArgentinesTaketotheStreetstoProtest,ABCNews,
November8,2012,http://abcnews.go.com/ABC_Univision/News/page/argentinesworldstreetsprotest17673951.
79
DamianPachter,ArgentinesProtestinHugeAntiGovernmentMarch,TheHuffingtonPost,November8,2012,
http://www.huffingtonpost.com/huffwires/20121108/ltargentinaantigovernmentmarch/.
ARGENTINA

The Argentine Constitution and human rights treaties incorporated into the Constitution in 1994
guarantee freedom of expression.80 Additional laws ensure that citizens have the liberty to express
their views without fear of censorship or reprisal. In 2005, constitutional protections were
explicitly extended to the search, reception and dissemination of ideas and information of all kinds
via internet services under Law 26032.81
The Argentine judiciary is generally seen as independent, particularly in its higher echelons, such as
the Supreme Court of Justice. The Supreme Court has issued several rulings supportive of freedom
of expression in recent years. Among these are the aforementioned 2011 decision regarding
discriminatory allocation of government advertising, as well as the 2009 suspension of a
requirement mandating that service providers retain user data for ten years.82 The government has
also been responsive to decisions of the Inter-American Court of Human Rights and the
recommendations of the Inter-American Commission on Human Rights. These procedures have
helped accelerate reform of the criminal codes provisions on insult (desacato) and defamation. In
November 2009, the legislature decriminalized defamatory statements referring to matters of
public interest.83
No specific laws criminalize online expression related to political or social issues. The 2008 Law on
Cybercrime (Law 26388) amended the Argentine Criminal Code to cover offenses such as hacking,
dissemination of child pornography, and other online crimes.84 Some of the amendments have been
criticized as overly vague and imprecise in their wording, which could open the door to broad
interpretations. Lawyers and human rights groups have also expressed concern over the countrys
antiterrorism law, arguing that the definition of terrorism provided is overly broad and could
therefore be employed to punish legitimate political dissent, social protests, or economic analysis.85
So far, neither of these laws has been used in practice to punish online expression. As of May 2013,
no bloggers, online journalists, or ordinary users were imprisoned for the expression of their views
in online forums or via private communications. One website administrator, however, was facing
criminal charges and a possible jail term over allegations of profiting from copyrighted material.
80
SeeArticle14,ArgentineConstitution,SenateoftheArgentineNation,accessedMarch20,2012,
http://www.senado.gov.ar/web/interes/constitucion/english.php.Theconstitutionwasamendedin1994,andArticle75(22)
nowaccordsnumerousinternationalhumanrightstreatieswithconstitutionalstatusandprecedenceovernationallaws.
81
Law26032[inSpanish](2005),DocumentationandInformationCenter,accessedMarch20,2012,
http://www.infoleg.gov.ar/infolegInternet/anexos/105000109999/107145/norma.htm.
82
JudgmentofHalabiv.P.E.N.ArgentineSupremeCourt,June26,2007;LorenzoVillegasCarrasquilla,PersonalDataProtection
inLatinAmerica:RetentionandProcessingofPersonalDataintheInternetSphere,CenterforStudiesinFreedomof
ExpressionandAccesstoInformation,http://www.palermo.edu/cele/pdf/english/InternetFreeofCensorship/05
Personal_data_protection_Latin_America_Villegas_Carrasquilla.pdf.
83
ReformLaw26551,See:CELEhttp://www.lanacion.com.ar/1512551calumniaseinjuriasdosdelitosdeincomodavigencia.
84
Law26.388[inSpanish](2008),DocumentationandInformationCenter,accessedMarch20,2012,
http://www.infoleg.gov.ar/infolegInternet/anexos/140000144999/141790/norma.htm.
85
LillieLangtry,Argentina:ConcernsOverNewTerrorismLaw,MemoryinLatinAmerica,December30,2011,
http://memoryinlatinamerica.blogspot.com/2011/12/argentinaconcernsovernewterrorism.html;Argentina:FearsOver
TerrorLaw,NewYorkTimes,December28,2011,http://nyti.ms/16QpCiO.
ARGENTINA

Although violence against online journalists occurs sporadically, it is not nearly as frequent as
violence against those working for traditional media outlets. Local press freedom watchdogs
recorded approximately 70 cases of physical and verbal attacks against journalists during the first
half of 2012. Most attacks were attributed to non-state actors in inland regions against those
working for traditional media outlets.86 However, in some cases, the targeted journalists also
maintained websites or contributed to online news outlets. Another report by The Argentine
Journalists Forum, known as FOPEA, recorded 172 attacks on reporters during 2012; 11 percent
of attacks were against people working for digital media outlets.87
In one incident from April 2012, Jorge Pea, a city council president in Candelaria, punched TV
journalist and news website editor Daniel Luna, who was arguing against being denied access to
cover a city council session; the council president was subsequently charged for injuring the
reporter. 88 Shortly after, in May 2012, the city council rejected Peas request for restitution. In
the same session, Rodrigo Castillo, another online news journalist, was attacked while trying to
obtain photographs of a city council member. When alerted about this event, the police disregarded
the accusation and made no effort to detain the aggressors.89
During 2012, some journalists were also subject to defamatory campaigns and privacy breaches
extending to the unauthorized disclosure of their personal information on public websites. Gustavo
Sylvestre, a political analyst, journalist, and blogger was targeted with such a smear campaign. His
business, family, and tax information, as well as the phone numbers and addresses of his personal
contacts, were published online. Days later, a derogatory article was published about him.90
Sylvestres work, which is highly political in nature, seems likely to have been the motive behind
the virtual attack. Although concerning, as of May 2013, such incidents did not appear to be
widespread or on the rise.
There are no restrictions on anonymity for internet users, nor are there restrictions on the use of
encryption. Users are able to freely post anonymous comments in a variety of online forums, and
neither bloggers nor website owners are required to register with the government. When
purchasing a mobile phone or prepaid SIM card, however, users must provide identifying
86
CommitteetoProtectJournalists,Argentina,inAttacksonthePress2011,(NewYork:February2012),
http://cpj.org/2012/02/attacksonthepressin2011argentina.php.
87
FOPEA,FredoomofExpressionMonitorinArgentina,2012Report(2013),
http://monitoreolde.com.ar/InformeMonitoreo2012FOPEA.pdf.
88
LilianaHonorato,ArgentineCityCouncilPresidentPunchesJournalistintheFace,JournalismintheAmericas,April19,
2012,http://knightcenter.utexas.edu/blog/009784argentinecitycouncilpresidentpunchesjournalistface.
89
FOPEA,NuevaAgresionaPeriodistaenCandelaria[NewAggressiontoJournalistinCandelaria],May9,2012,
http://www.fopea.org/Inicio/Nueva_agresion_a_periodista_en_Candelaria.
90
FOPEA,SolidaridaddeFOPEAconelPeriodistaGustavoSylvestreporelArtculoqueRevelaDatosdesuVidaPrivaday
Familiar[FOPEAinSolidaritywithGustavoSylvestre],August31,2012,http://bit.ly/1bXeFE5.
ARGENTINA

information.91 In December 2011, the Argentine Network Information Center (NIC.ar) was placed
directly under the oversight of the Executive branch of the government. 92
In late 2012, incidents of domain name denials emerged in cases where the names related in some
way to President Cristina Fernandez de Kirchner or to the progovernment youth group La
Campora. In such cases, applications were either denied by NIC.ar or applicants were asked to
modify their proposed domain names. The sole mention of the Presidents first or last name was
reportedly reason enough for an application to be called into question.93 Accordingly, domains such
as cristinacorazon.com.ar, enlacampora.com.ar, and kirchnerismopasion.com.ar were rejected
immediately. Upon asking for clarification, Argentine newspaper Perfil was told that such domains
were forbidden due to their potential to affect the morale of the person in question.94 Such broad
restrictions impact sites critical of the administration as well as those which support the
government, complicating efforts to develop online platforms dedicated to discussions of national
leadership.
In Argentina, a court order is officially required to intercept private communications, even in cases
related to national security.95 It is believed that these procedures are generally followed in practice,
although the government does not publish figures on how many interceptions are implemented
annually. According to Googles Transparency Report, between July and December 2012 the
Argentine authorities made 114 requests for user data covering 175 accounts; Google complied
with the release of some data in 38 percent of cases.96 Microsofts 2012 Law Enforcement Request
Report states a total number of 769 requests for user data covering 1,279 accounts. Microsoft
complied with 85.7 percent of requests and found no system data for the remaining 14.3 percent.
All requests were determined to satisfy relevant legal requirements.97
Over the past decade, there have been several scandals involving officials on both sides of the
political spectrum engaging in illegal surveillance of opponents telephone communications. In one
high-profile scandal, evidence surfaced of navy personnel monitoring former President Nestor
91
Law19.798,Resolution490/97[inSpanish](1997),http://www.cnc.gob.ar/normativa/sc0490_97.pdf;Secretariade
Comunicasiones,ApruebasedeRelamentoGeneraldeClientesdelsoServiciosdeComunicacionesMoviles[Textofthe
GeneralTermsforUsersofMobileCommunicationServices],NationalCommunicationsCommission,accessedMarch20,2012,
http://www.cnc.gob.ar/normativa/sc0490_97.pdf.
92
Networkinformationcentersareresponsiblefortheallocationofdomainnamesandregistryadministrationindifferent
countries.
93
EduardoBertoniandAtilioGrimani,NombresdeDominio:UnaExpresionquemereceserProtegida[DomainNames:An
ExpressionWorthProtecting],CELEiLEI,November,2012,http://bit.ly/1dSs1zC.
94
,ElGobiernoRechazayseApropiadeDominiosdeInternetconNombresK[GovernmentDeniesandOwnsInternet
DomainswithKNamesonThem],Perfil,September9,2012,
http://www.perfil.com/contenidos/2012/09/05/noticia_0024.html.
95
Law19.798,Articles45bis,45terand45quter[inSpanish](1972),LawofNationalTelecommunications,Documentation
andInformationCenter,accessedMarch20,2012,http://infoleg.mecon.gov.ar/infolegInternet/anexos/30000
34999/31922/texact.htm;:Law25.520[inSpanish](2001),LawofNationalIntelligence,DocumentationandInformation
Center,http://infoleg.mecon.gov.ar/infolegInternet/anexos/7000074999/70496/norma.htm.
96
GoogleTransparencyReport,Argentina..
97
Microsoft,MicrosoftLawEnforcementRequestsReport2012,http://download.microsoft.com/download/F/3/8/F38AF681
EB3A4645A9C4D4F31B8BA8F2/MSFT_Reporting_Data.pdf.
ARGENTINA

Kirchner for decades.98 In another incident, the mayor of Buenos Aires, an opposition politician,
and the citys police chief are alleged to have illegally wiretapped civic leaders, politicians, and
trade union activists.99 Most such incidents occurred in 2007 or earlier and there is no clear
evidence that such violations of privacy continue. Meanwhile, related prosecutions continue to
make their way through the courts.
Cybercrime is perceived as a growing problem in Argentina and new cybercrime legislation has
emerged in response to recent news indicating that technical attacks might be more common than
typical statistics indicate.100 In November 2012 the General Prosecutor of Ciudad Autnoma de
Buenos Aires activated a one-year pilot project in which he assigned a team of prosecutors to the
task of investigating crimes aimed at hacking informational systems and programs, as well as the
spreading of pornographic content.101 Such measures and protocols do not yet appear to exist on
the national level.102 Should such incidents occur, those responsible would be liable for prosecution
under the criminal code, as amended by the aforementioned Law 26388.
98
FernandezShakesUpArgentineMilitary,UPI,January6,2012,
http://www.upi.com/Top_News/Special/2012/01/06/FernandezshakesupArgentinemilitary/UPI92341325853530/
99
NicPollock,WiretappingCaseContinuesasJudgeOyarbideClosesInvestigationStage,ArgentinaIndependent,May16,
2012,http://www.argentinaindependent.com/currentaffairs/wiretappingcasecontinuesasjudgeoyarbidecloses
investigationstage/;MariaMagro,TwoClarinJournalistsTestifyinBuenosAiresWiretappingScandal,Journalisminthe
Americas(blog),November18,2010,http://knightcenter.utexas.edu/blog/twoclarinjournaliststestifybuenosaires
wiretappingscandal.
100
VirginiaMessi,RobosyEstafas:CrecenlosDelitosenlaWebylasLeyesnoseActualizan[TheftsandCons:CrimesontheWebGoUp
andThereisNoLawActualization,Clarin,February3,2012,http://www.clarin.com/policiales/CrecendelitosWebleyes
actualizan_0_859114221.html.
101
ProjectauthorizedbyResolution501/12oftheGeneralProsecutorsOffice,http://www.mpf.jusbaires.gov.ar/wp
content/uploads/resolucionfgnc2ba50112equipofiscalaufestedelitosycontravencionesinformaticassinactint.pdf.
102
UnaFiscalaDedicadaalosDelitosInformticos[AProsecutorsOfficeDedicatedtoCyberCrime],Clarin,February3,2012,
http://www.clarin.com/policiales/fiscaliadedicadadelitosinformaticos_0_859114224.html.
ARGENTINA
ARMENIA
2012
2013
N/A
FREE

n/a
n/a
n/a
n/a
8
9
12
29
Total (0-100)


Internet access in Armenia significantly increased over the past few years due to
decreased cost of connectivity and improved network coverage, though internet use
remains somewhat low in comparison to other countries in the region (see OBSTACLES
TO ACCESS).
New amendments to the Law on Electronic Communication removed the requirement
for internet and mobile phone service providers to obtain a license from the regulatory
authority before operating (see OBSTACLES TO ACCESS).
Crowdsourcing websites such as iDitord.org were used to monitor election violations
during the 2012 parliamentary elections (see LIMITS ON CONTENT).
ARMENIA

INTRODUCTION
Access to the internet in Armenia has significantly improved over the past few years, with the
internet penetration rate increasing from approximately 6 percent in 2007 to 39 percent in 2012.
At the same time, however, there have been minimal efforts to improve community access to the
internet and digital literacy remains somewhat low, with television remaining the predominant
source by which people receive news and information.
In the wake of riots and protests after the 2008 disputed presidential election, the government
declared a state of emergency and imposed a media blackout, forcing the removal of the domain
name registration of several websites hosted within Armenia, including several opposition sites and
independent news outlets. Since this one incident in 2008, however, the government has engaged
in minimal blocking or deletion of online content.
In May 2010, the Armenian National Assembly passed amendments to the administrative and penal
code to decriminalize defamation, including libel and insult. The initial result was an increase in
civil cases of defamation, often with large fines as penalties. In November 2011, the Constitutional
Court ruled that courts should avoid imposing large fines on media outlets in defamation cases,
resulting in a subsequent decrease in the number of defamation cases.
OBSTACLES TO ACCESS
Internet access in Armenia has increased substantially, particularly in the past few years. According
to the International Telecommunication Union, the internet penetration rate in Armenia stood at
39.2 percent in 2012, compared to 32 percent in 2011 and just 6 percent in 2007.1 From 2005 to
2007, the Armenian government undertook radical steps toward the liberalization of the
information and communications technology (ICT) sector, which involved introducing a new
regulatory framework that eliminated the existing telecommunication companys monopoly over
the market. Today, the telecommunications sector in Armenia is relatively liberal, but still not
mature enough to meet the market demands and communication needs of the entire population. A
primary obstacle is the absence of diverse services available in rural areas and small cities, due to
operators lack of interest in the development of unprofitable areas. Nevertheless, access to mobile
broadband is available throughout the majority of the country and is affordable for much of the
population. Mobile broadband tariffs limitations2 and less reliable wireless connectivity (compared
with landline services) are also problems in the telecommunication infrastructure in Armenia,
though to a lesser degree. Landline broadband access provided using ADSL technology is available
in most cities and some villages.
1
InternationalTelecommunicationUnion(ITU),PercentageofindividualsusingtheInternet,2006,2011&2012,accessed
June25,2013,http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.
2
Knownasfairusepolicy:widelyusedbymobileoperatorsandprovidesguaranteedspeedforlimiteddatavolume(usually
1GB10GB)andreducedspeed(usually14.4Kbit/sec)afterexceedingthelimit.
ARMENIA

The market for internet access in Armenia is concentrated in the capital city of Yerevan, which
contains one third of the countrys population. ISPs offer bandwidth connections with speeds
varying from 512 Kbps to 50 Mbps.3 All three mobile operators offer 2G and 3G networks (EDGE,
UMTS/WCDMA) and one operator offers 4G network services (LTE), but only in the capital city.
In contrast to Yerevans diverse market, only one or two mobile broadband services are usually
available in villages and approximately 60 percent of rural towns are covered by landline
broadband. According to official information from mobile operators,4 3G services are available to
almost 90 percent of the population, covering 85 percent of the country. The total number of
mobile broadband subscribers in Armenia is about 210,000, in addition to 195,000 landline
connections, accounting for approximately 45 percent of households or 13 percent of the
population.5 The number of dial-up connections in Armenia has rapidly decreased during the last
five years and by the end of 2012 there were fewer than 2,500 users.
Strong competition among the three primary mobile service providers and internet service
providers in Armenia has resulted in fair market prices for both wireless and landline broadband
services. ADSL connections with speeds of 1Mbps are available for $11 per month and the price for
a minimal volume (3GB) package of mobile broadband service costs $15 per month. Internet costs
are relatively high when compared to the minimum salary in Armenia, which is $80 per month. At
the same time, considering that the average public utilities bill can vary from $50 to $100 in the
summer and $100 to $200 in the winter, the cost of internet access is affordable for the majority of
the population, whose average income is approximately $600 per month. Additionally, the
availability of free access points in the capital and almost all major cities makes internet services
accessible for the majority of the urban population.
From 2005 to 2010, a number of nonprofit and community organizations implemented a series of
projects aimed at establishing free public internet access centers. In particular, Project Harmony
connected all Armenian schools to the internet with financial support from the U.S. State
Department, Open Society Institute, and later from the World Bank.6 Currently, this project is
funded from the state budget. Another large-scale internet connectivity project has been
implemented by the UNDP mission in Armenia. Recently, the municipality of Yerevan launched
free public internet access points that are available throughout a significant portion of the city, in
addition to universities and schools. Mobile operators also provide limited access in public spaces
such as cafes and public transportation. Public access centers have now been launched in 11 cities,
the centers of each of the Armenias administrative districts (marzes).7
In practice, the Armenian government and the telecommunication regulatory authority, the Public
Services Regulation Commission (PSRC), do not interfere with or try to influence the planning of
3
MTS,InternetExpressTariffPlans,accessedJuly30,2013,http://mts.am/en/individualcustomers/internetandtv/internet
express%284g%29/internetexpresstariffplan.
4
Thisinformationwasderivedfromreportspublishedonseveralmobileoperatorswebsites,includingMTS
(http://www.mts.am),Beeline(http://www.beeline.am),andOrangeArmenia(http://www.orangearmenia.am).
5
Thisnumberindicatesonlylargescreen(notebooks,netbooks,computersandtablets)servicepackagesanddoesnotinclude
smallscreen(mobilephonesandsmartphones)usersofbroadbandconnectivity.
6
ProjectHarmony,ArmeniaSchoolConnectivityProgram,accessedJuly30,2013,http://www.phint.org/what_we/pr58/.
7
Armenianterritorialdivisionsinclude10marzesandYerevan,thecapitalofArmenia,whichalsohasastatusofmarz.
ARMENIA

network topology. Operators plan and develop their networks without any coordination with
either the government or the regulatory authority. Moreover, the regulatory authority requires
service providers to indicate any technological restrictions in their public offers. Armenian internet
users enjoy access to internet resources without limitation, including peer-to-peer networks, voice
and instant messaging services such as Skype and Google Talk, and popular social networks such as
Facebook, YouTube, and LiveJournal.
The regulatory authorities in Armenia primarily focus on companies with significant market power.
Armenia was one of the first post-Soviet countries to privatize telecommunication companies. In
1997, the incumbent Armenian operator was sold to a Greek state-owned company with a 13-year
monopoly on basic telephone and international data transmission services, including internet. In
2005, however, the Armenian government revised the incumbents license and granted a second
GSM license; by 2007, all exclusive rights of the incumbent had been abolished. Since then,
Armenian users can choose from three mobile service operators and more than 100 ISPs, though
analysis of service providers official reports shows that the five leading operators together control
approximately 90 percent of the internet market.
Armenian legislation requires that providers obtain a license for either the provision of internet
services or the operation of a telecommunication network.8 Procedures for obtaining licenses
differ: a service license is obtained through a simplified licensing procedure (purchased for an
amount equivalent to approximately $250), while a network operation license requires verifying
the professional and technical capacity of the company and is issued six months after filing the
application with the regulatory authority. In 2012, the Armenian government undertook radical
reforms of the telecommunication regulatory framework to simplify the market entry procedures
of both network operation and services. According to the recently adopted Amendments to the
Law on Electronic Communication, service providers will no longer be required to obtain a license
but will simply need to notify the regulatory authority.9
Public access points such as cafes, libraries, schools, universities, and community centers are not
required to obtain a license for offering internet access unless they offer services for a fee. In
general, according to the Licensing Law, nonprofit entities are not required to obtain a license for
the provision of internet services regardless of their legal status.10 It is worth noting that both forprofit and nonprofit service providers in Armenia enjoy free use of the low-energy Wi-Fi spectrum:
use of 2.4 GHz frequency does not require permission unless it exceeds 0.1 watts of power.
However, the use of 2.4 GHz for more powerful devices requires permission granted without
auction or tender, but taking into account electromagnetic compatibility with other devices in
range.
8
Article15ofLawoftheRepublicofArmeniaonElectronicCommunication,adoptedbythenationalassemblyonJuly8,2005.
PublicServicesRegulatoryCommissionoftheRepublicofArmenia,LawonElectronicCommunication,
http://psrc.am/en/?nid=69.
9
LawoftheRepublicofArmeniaonChangesandAmendmentstotheLawonElectronicCommunication.AdoptedonApril29,
2013,enteredintothelegalforceonJune15,2013.OfficialBulletinNo05/29(969),June5,2013.
10
Article43oftheLawoftheRepublicofArmeniaonLicensing.AdoptedbytheNationalAssemblyoftheRepublicofArmenia
onMay30,2001withseveralamendmentsfrom20022012.
ARMENIA

Mobile telecommunication companies are granted a license through regular network operation
licensing procedures, but are also required to obtain permission for the use of radio frequencies,
which is usually granted through an open auction. An exception can be made if no alternative
applicant is interested in a particular frequency, or for frequencies and equipment that do not
interfere with other operators activities (such as radio relay communication). For cases in which an
entity applies for a non-auctioned frequency, the service provider is required to carry out a test for
electromagnetic compatibility.
The concept of an independent regulatory authority was implemented in Armenia in 2006 with the
adoption of the Law on Electronic Communication, which was developed with substantial expert
contribution from the World Bank, as well from U.S. and European Union consultants. Armenia
has chosen a multi-sector regulatory model in which there is one body, the PSRC, which is in
charge of the regulation of energy, water supply, and telecommunications services. The PSRCs
authority, mechanisms of commissioners appointments, and budgeting principles are defined
under the Law on State Commission for the Regulation of Public Services.11
The members or commissioners of the PSRC are appointed by the President of the Republic of
Armenia according to the recommendations of the Prime Minister. Once appointed, a
commissioner can be dismissed only if he or she is convicted of a crime, fails to perform his or her
professional duties, or violates other restrictions in the law, such as obtaining shares of regulated
companies or missing more than five PSRC meetings. In cases of dismissal for professional failure,
the PSRC makes a decision and reports to the President of the Republic of Armenia for action. The
PSRC is accountable to the National Assembly in the form of an annual report, but the parliament
merely takes this report into consideration and cannot take any action.
One of the weakest provisions of the Armenian regulatory framework is the absence of term limits
for commissioners: every commissioner can be appointed multiple times, making his or her
appointment dependent on current political leaders. In practice, the regulatory bodies in Armenia
lack independence due to the strong dependence of the commissioners career on political
leadership of the country.12 For example, in 1995, the broadcasting license of the independent
television company A1+ was suspended for refusing to broadcast only pro-government material,
and in 2002 its broadcasting frequency was awarded to another company. Despite a ruling by the
European Court of Human Rights in 2008 which stated that the regulatory authoritys refusal to
reinstate the companys broadcasting license amounted to a violation of freedom of information,
the license was never reinstated.13 In September 2012, A1+ began broadcasting on the airwaves of
Armnews. During this time, A1+ was nonetheless able to continue publishing news content on its
website.
11
TheLawonPublicServicesRegulationCommissionwasadoptedbytheNationalAssemblyoftheRepublicofArmeniaon
December25,2003.
12
TherearethreeindependentregulatoryauthoritiesinArmeniathatarepartofexecutive,butnotapartofgovernment.
Thesethreeauthoritiesarethepublicutilitiesregulator,thebroadcastingregulator,andthecompetitionauthority.Thereis
alsoacivilservicecommission,which,however,isdifferentfromtheconceptofindependentregulatorybodies.
13
CaseNo32283/04,MeltexLTDandMesropMovsesyanvs.Armenia,June7,2008,
http://echr.coe.int/Documents/CLIN_2008_06_109_ENG_843572.pdf
ARMENIA

The Commissions budget is formed in accordance with the Law on Public Service Regulation
Commission and is composed of licensing and regulatory fees that companies pay to the state
budget. The amount of regulatory fees is defined by the Commission in accordance with the
procedure set up under the relevant provision of the law. The Law on Electronic Communication
contains provisions guaranteeing the transparency of the decision-making procedures of the
Commission: all decisions are made during open meetings with prior notification and requests for
comments from all interested persons posted on the website.14
In spite of three well-established ICT-related nonprofit associations, self-regulation of the industry
is significantly underdeveloped in Armenia. The oldest nonprofit institution is the Internet Society
(ISOC), which is the national chapter of the worldwide ISOC network. At the early stage of
internet development in Armenia (1995 through 1998), ISOC Armenia was a primary internet
policy advocate and industry promoter. It served as a forum where internet service providers
discussed their problems, developed policy agendas, and resolved industry conflicts. However,
after the establishment of the independent regulatory authority, ISOC no longer plays a selfregulating role as most industry disputes are filed with the PSRC . Nevertheless, ISOC continues to
maintain the registration of domain names, and in spite of lacking formal dispute resolution policies
(such as, for example, domain name disputes resolution procedures), it carries out the registry
function effectively with minimal influence from government authorities and the regulator.
The Armenian ICT market enjoys a liberal and non-discriminatory domain name registration
regime. ISOC Armenia registers domain names according to ICANN recommendations and best
practices. Although formally, members of the Armenian Internet Society are individuals, the
organizations board is composed of service providers managers and in general, the Societys policy
agenda is strongly influenced by the interests of traditional providers that started their business in
the mid-1990s.
Another well-established industry association is the Union of Information Technologies Enterprises
(UITE).15 Though industry self-regulation is one of the main goals of the Union, so far it has not
developed any significant policies for industry regulation. Both ISOC Armenia and UITE are
founders of a third notable nonprofit institution, the ArmEx Foundation, which was established
with the sole purpose of creating a local data traffic exchange point. Other founders include leading
ISPs, mobile and landline telecommunication operators.
LIMITS ON CONTENT
The Armenian government does not consistently or pervasively block users access to content
online. The only significant case of internet filtering and blocking was recorded in March 2008
during post-elections events, immediately after clashes between an opposition rally and police
14
Article11oftheLawoftheRepublicofArmeniaonPublicServiceRegulationCommission.
UITEHistory,UnionofInformationTechnologyEnterprises,accessedJuly30,2013,http://uite.org/en/aboutus/uite
history.
15
ARMENIA

resulted in at least eight people killed and hundreds of people injured.16 The government declared a
state of emergency and restricted certain media publications, including independent internet news
outlets. The security services demanded that the Armenian domain name registrar suspend the
domain names of opposition and independent news sites, and requested that ISPs block certain
outside resources, such as some opposition pages on social network platforms (particularly
LiveJournal, which was the most popular social network used by opposition and civil society
activists for blogging and reporting). Armenian authorities were strongly criticized by international
observers for their reaction to the post-elections crisis, including the restriction of the access to
internet resources.17 After the events of 2008, Armenian authorities have been very careful
regarding restrictions on internet access and no instances of politically-motivated filtering or
blocking have been recorded since that time.
In spite of the fact that according to Article 11 of the Law on Police,18 law enforcement authorities
have the right to block particular content to prevent criminal activity, in practice, such blocking
cases have been limited to locally-hosted, illegal content such as illegal pornography and copyrightinfringing materials. Service providers involved in the transferring or provision of technical access
to illegal resources (such as child pornography, propaganda of crime or cyberterrorism) are not
liable for content they make available to their customers provided that they have no prior
knowledge of the content. Any decision of a law enforcement body to block particular content can
be challenged in court by the resource or content owners, and if the court rules that the measure
was illegal or unnecessary, the resource and content owners may claim compensation. Additionally,
Armenia is a member of the European Human Rights Convention; therefore, any such decision can
also be challenged at the European Court of Human Rights.
Currently, self-censorship is not a widespread practice online. The Armenian government and
ruling political elite have avoided the application of any extralegal measures to prevent political
opponents or independent internet resources from publishing particular online content. However,
similar to traditional media outlets such as television or printed press, Armenian internet news
resources are exposed to political pressure. In some cases, for example, journalists of a particular
online media outlet are not allowed to deviate from the editorial policy of the outlet, which is often
linked to one of the political parties. Such pressure has the potential to affect the overall situation of
freedom of speech in the country, but it is worth noting that online publishers and individual
bloggers strongly resist self-censorship. Indeed, there is a wide diversity of opinion in social media
and virtual battles between pro- and anti-government bloggers are often observed. A variety of
independent and opposition web resources provide Armenian internet audiences with politically
16
Reportsonthenumberofpeoplekilledvary;accordingtotheofficialreportfromtheCouncilofEurope,eightpeoplewere
killed.SpecialMissiontoArmenia,CouncilofEuropeCommissionerforHumanRights,March1215,2008,
https://wcd.coe.int/ViewDoc.jsp?id=1265025.
17
ObservationofthePresidentialElectioninArmenia,ParliamentaryAssemblyoftheCouncilofEurope,February19,2008,
http://www.assembly.coe.int/ASP/Doc/XrefViewHTML.asp?FileID=11961&Language=EN.
18
AccordingtotheArticle11oftheLawoftheRepublicofArmeniaonPolice(adoptedon16April2001,OfficialBulletingNo
15(147)of31May2001)thepoliceauthoritieshaveageneralobligationtoundertakemeasurestopreventcrime.
ARMENIA

non-biased, neutral, or oppositional opinions, and there are only a few state-owned media
enterprises in Armenia.19
The Armenian government is very cautious about media freedom issues and tries to avoid direct
pressure that may raise criticism from international organizations and local civil society activists.
However, both the ruling political elite and the opposition party do have some influence over
traditional and new media outlets. According to accounts from media professionals and civil society
activists, most media outlets are either linked with a particular political party or periodically
receive financial support from politicians, aside from two or three online media resources funded
by foreign and international donor organizations.20 However, the extent to which this has a direct
influence over the content of these media outlets cannot be easily assessed.
The financial model of Armenian online news resources is very similar to the model of the
traditional print and broadcast media, in that the political elite may lend support to certain outlets
through the channeling of advertising of government-loyal businesses. At the same time, websites
such as the A1+ news editorial (A1plus.am) and Lragir Daily (Lragir.am), both of which publish
articles that are critical of the government, are quite popular and have been able to survive
economically. There are neither formal nor practical barriers to receiving domestic or foreign aid
or advertisements, but foreign financial support is usually limited to modest grants and foreign
advertisers are usually not interested in the Armenian media market. A significant part of
advertising comes from mobile operators, car dealers, and consumer electronics sellers.
Armenian telecommunication regulations conform to the principles of technological neutrality,
meaning that regulations address legal issues rather than the use of a particular technology, service
type, or conditions. Naturally, some laws and regulations contain recommendations or applicable
standards, but there are no technology restrictions on bandwidth, protocols, or routing.
The emergence of online media has caused a significant increase in journalistic activities in Armenia.
Armenian media has traditionally been economically unsustainable due to the limited audience, high
operational costs, and small advertising market. Even at the peak of media production in Armenia,
daily newspapers usually published around 5,000 copies per day and few weekly outlets had more
than 10,000 readers.21 The audience for television and radio was larger, but still limited to the
leading producers: five of the almost thirty television channels accounted for 76 percent of
viewers.22 Early online news outlets such as A1+ enjoyed significant growth in the number of daily
visitors during the first few years of production.
Armenian online news resources started growing from 2001 to 2005 when internet service became
relatively affordable. However, the main increase in production of online contentparticularly
19
TheonlystateownednewspaperisHayastaniHanrapetutyun(RepublicArmenia),whichpublishesgovernmentaland
privateannouncementsandtheOfficialBulletin(alsopublishestheBulletinofGovernment).Thereisalsoanewswebsitefor
publishinggeneralannouncementsandprocurementinformationofthegovernment,www.azdarar.am.
20
BasedoninterviewscarriedoutwithrepresentativeofInternewsArmeniaandtheCenterforInformationLawandPolicy.
21
19961998couldbereferredtoasapeakofArmenianpostSovietprintpressproductionaccordingtopressactivitiesand
establishmentofnewpressenterprises.Afterwardthedevelopmentofbothtelevisionandpresssloweddownsignificantly.
22
AGBNielsenMediaResearch,Armenia,2011,http://www.agbnielsen.am/.
ARMENIA

video and audio contentstarted in 2008 after the liberalization of the market and the decrease in
the cost of broadband. Today, there are at least 30 leading online news outlets collecting more than
20,000 daily visitorsfour times more than the leading press outletand covering political,
economic, and social issues. Since 2011, Armenia has seen the emergence of Armenian-language
online television programs. Although online video news services are still underdeveloped and
underused in Armenia, the publics interest toward online video content is growing, and today at
least two leading web resources, Civilnet.am and Azatutyun.am, offer on-demand video news and
live-air reporting on major political and social events.
As of May 2013, there were more than 225 online media outlets and traditional media webpages
registered in Armenia.23 Generally speaking, there are no formal or technical restrictions to
accessing different internet resources with diverse opinions. However, the extent to which a
particular news resource is well-known often depends on the financial support it receives. In other
words, despite the ability to access different outlets, choice is often predetermined by the ratings
and popularity of a given media outlet, which depend on investments that are usually political in
nature.
The majority of the population uses the internet mainly for social networking and as a lessexpensive alternative for voice and visual communication with relatives abroad. While those who
use the internet in Armenia mainly visit news websites or social networks, given the overall low
levels of daily internet use among the Armenian population, most Armenians still receive their
news from television programs.24 Nevertheless, the populations interest toward internet news
resources is growing, and the number of visitors to the leading news websites exceeds the number
of the leading newspapers readers.25 Print copies of the leading Armenian newspapersAravot,
Hraparak, and Iravunkusually do not exceed 5,000 issues, whereas online news websites collect
more than 50,000 unique visitors per day. At the same time, the audience for television and radio is
still larger than that of online news and video programming due to the absence of unified technical
solutions.26
Armenian online communities, especially blogs, are highly politicized and are likely to respond to
most political events. During the last three years, social mediaFacebook in particularhas been
actively used for political and civil mobilization by the opposition and civil society activists. For
example, environmental activists have used internet resources for environmental alerts such as
forest cutting or illegal construction in green areas.27 Another positive example of online
mobilization is the iDitord (iObserver) project, a crowdsourced election monitoring project
23
Armenianwebresourcesrating,Circle.am,accessedJune26,2013,http://circle.am/?cat=news&for=today&by=visits.
Mostofthetop10websitesinArmeniaareeitheronlinenewsservicesortelevisionnewsvideoportals.Armenianweb
resourceratings,Circle.am,accessedJuly30,2013,http://circle.am/.
25
Armenianwebresourceratings,Circle.am.
26
AccordingtointerviewswithArmenianmediaandtelecommunicationexperts,suchasthestaffatInternewsArmeniaand
theCenterforInformationLawandPolicy,therearetwomajorobstaclesforpenetrationofonlinevideoandtelevision:
legislativebarrierspreventingtelecommunicationoperatorswithforeigncapitalfromcarryingoutbroadcastingactivities,and
thelackofunifiedtechnicalsolutionsforIPTVsubscriptions.
27
Savethetrees:treeswithoutborders,accessedJuly30,2013,http://kanach.am/.
24
ARMENIA

launched in advance of the May 2012 parliamentary elections.28 The website received more than
1,000 reports from citizens, NGOs, and political parties, mostly related to bribes, problems with
the activities of local electoral commissions, violations of advertisement laws, and mistakes in
electoral lists. The police and the Central Electoral Commission officially responded to some
reports and claimed that others were not confirmed or were misinformed. In contrast, mobile
phones (bulk SMS or voice messages) are not used during political campaigns due to the limited
peak capacity of networks.

Article 27 of the Constitution of the Republic of Armenia guarantees freedom of speech
irrespective of the source, person, and place. The right to freedom of speech declared in the
constitution is universal and applicable to both individuals and media editorials. In 2005, Armenian
media legislation changed significantly with the adoption of the Law of the Republic of Armenia on
Mass Media29 (also referred to as the Media Law). One the most positive changes in Armenian
media legislation was the adoption of unified regulation for all types of media content irrespective
of audience, technical means, and dissemination mechanisms. The Television and Radio Law
contains additional requirements toward content delivery, but it does not regulate news delivery
and only addresses the issues of broadcasting erotic and horror programs, as well as the time frame
for advertising, the mandatory broadcast of official communications, and the rules on election
coverage and other political campaigns. Content delivered thorough a mobile broadcasting platform
or the internet are not subject to specific regulation.
Armenian criminal legislation grants journalists protection of their professional rights. According to
Article 164 of the Criminal Code of the Republic of Armenia, hindrance to the legal professional
activities of a journalist, or forcing the journalist to disseminate information or not to disseminate
information, is punished with a fine in the amount of 50-150 minimal salaries, or correctional labor
for up to 1 year. The same actions committed by an official abusing ones official position, is
punished with correctional labor for up to 2 years, or imprisonment for the term of up to 3 years,
by deprivation of the right to hold certain posts or practice certain activities for up to 3 years. 30
However, neither criminal law nor media legislation clearly defines who qualifies as a journalist,
whether he or she must be an employee of a media outlet, or if he or she could be an individual or
freelance reporter or a blogger.
In 2010, Armenia abolished criminal liability for insult and slander31 and introduced the concept of
moral damage compensation for public defamation.32 However, even before these amendments, no
28
Armenianelectionsmonitoring:Crowdsourcing+publicjournalism+mapping,Internews,August28,2012,
https://innovation.internews.org/blogs/armenianelectionsmonitoringcrowdsourcingpublicjournalismmapping.
29
TheLawoftheRepublicofArmeniaonMassMedia.AdoptedbyNationalAssemblyonDecember13,2003.OfficialBulletin
29January2004No29/6(25).
30
Article164,CriminalCodeoftheRepublicofArmeniaasamendedonJanuary6,2006.
31
OfficialBulletinoftheRepublicofArmenia2May2003,No25(260).
32
ConceptofcompensationformoraldamagecausedbydefamationwasintroducedbyaddingArticle1087.1totheCivilCode
oftheRepublicofArmenia.OfficialBulletinoftheRepublicofArmenia23June2010No28(762).
ARMENIA

criminal cases against journalists were recorded since the adoption of a new criminal code in 2003.
Defamation is widely used by Armenian politicians to restrict public criticism, but it has not
necessarily been used to combat oppositional viewpoints or media independence. However, the
principle of requiring politicians to be more tolerant of public criticism is not a widely adopted
legal practice in Armenia.
Since 2003, when the concept of cybercrime was first introduced in the Armenian criminal code,33
criminal prosecution for crimes such as illegal pornography or copyright infringements on the
internet demonstrates that Armenian law enforcement authorities follow the best practices of the
European legal system, and neither service providers nor hosting service owners have been found
liable for illegal content stored on or transmitted through their system without their actual
knowledge of such content. Armenia is a signatory to the Council of Europes Convention on
Cybercrime and further development of Armenian cybercrime legislation has followed the
principles declared in the Convention.
Armenian criminal legislation also prohibits the dissemination of expressions calling for racial,
national, or religious enmity, as well as calls for the destruction of territorial integrity or the
overturning of legitimate government or constitutional order.34 Libeling or insulting an official has
not been criminally prosecuted since 2008, when the relevant provision of the criminal code was
excluded. As mentioned previously, the Armenian legal system is based on the principle of
universality, meaning that laws are applicable online as they are offline. Therefore, all crimes
conducted on the internet are prosecuted similarly to those that are conducted elsewhere.
Regarding liability for content published on websites hosted in other jurisdictions, Armenian legal
theory and practice follows the principle of place of presence, meaning that the person is liable if
he or she acts on the territory of that country.
So far no cases have been recorded of imprisonment or other criminal sanctions or punishments for
individuals accessing or disseminating information online. However, cases of civil liability, such as
moral damages compensation for defamation, have been recorded several times.35 The downloading
of illegal materials or copyrighted publications is not prosecuted under Armenian legislation unless
it is downloaded and stored for further dissemination, and the intention to disseminate must be
proved.
Anonymous communication is not prohibited in Armenia; however, it is up to the website
administrator to allow or prohibit anonymous communication to or from a resource. No
registration is required for bloggers and online media outlets, though tax authorities may question
bloggers or media outlets on revenue-related issues (advertisements or paid access). The use of
encryption software by individuals or corporate users is not prohibited. However, the use of proxy
33
CybercrimewasdefinedunderthenewCriminalCodeoftheRepublicofArmenia,adoptedonApril18,2003.Thefirst
prosecutioncaseforthedisseminationofillegalpornographyviatheinternetwasrecordedin2004.
34
Articles226and301oftheCriminalCodeoftheRepublicofArmenia.
35
DemandingFinancialCompensationfromArmenianNewsOutletsisBecomingTrendy,Media.am,March3,2011,
http://media.am/en/mediaattacks.
ARMENIA

servers is not that common, due to the fact that since 2008, internet users have not faced significant
problems with website blocking and traffic filtering.
The collection of an individuals personal data by the government is allowed only in accordance
with a court decision in cases proscribed by the law. The monitoring and storing of customers data
is illegal unless it is required for the provision of services. Personal data can be accessed by law
enforcement bodies only in accordance with a court decision; however, in most cases courts usually
support requests from law enforcement bodies for data retention. Law enforcement bodies usually
file motions on data retention while investigating crimes; however, motions must be justified, and
if not, the defense attorney may insist on the exclusion of evidence obtained as a result of such
action.
Armenian legislation does not require access and hosting service providers to monitor transmitted
traffic or hosted resources. Moreover, the Law on Electronic Communication allows operators and
service providers to store only data required for correct billing. Cybercafes and other access points
are not required to identify clients, or to monitor or store their data and traffic information.
Cases of physical violence towards online journalists or other staff have not been recorded, though
such cases have happened with journalists from traditional media outlets.
DDoS attacks were not prevalent in Armenia until the start of the campaign period for the 2012
parliamentary elections. Blognews.am, an Armenian blogosphere aggregator, was attacked on the
morning of April 20, 2012. Later, the iDitord.org website that covered election violations suffered
from a DDoS attack. As a result, iDitord.org went down for several hours on the day of polling;
however, as a result of external DDoS mitigation services, the website was able to resume normal
functioning after four hours of inaccessibility while attacks continued. The culprits of the DDoS
attack are still unknown. Interestingly, during election day, iDitord was the only Armenian web
site which came under DDoS attack.36 Additionally, during the presidential election on February
18, 2013, the opposition media website Galatav.am suffered from a DDoS attack.37
36
DDoSattacksbecomingcustomaryinArmenia?Media.am,May8,2012,http://m.media.am/en/DDosattacksonwebsites.
WebsiteofGalaTVundergoesDDoSattack,ArmInfo,February18,2013,http://arminfo.am/index.cfm?objectid=A313ACE0
79EA11E283EBF6327207157C.
37
ARMENIA
AUSTRALIA
2012

Total (0-100)
2013
FREE FREE
2
5
10
17
2
5
11
18
PRESS FREEDOM 2013 STATUS: Free

Broadband access continued to expand for online users as the National Broadband
Network reached more rural and remote communities (see OBSTACLES TO ACCESS).
Concerns over ISP filtering practices continued, as it was revealed that a number of
legitimate websites were accidentally blocked by ISPs who were trying to limit access to
a fraudulent website with the same IP address (see LIMITS ON CONTENT).
Australias accession to the Council of Europes Convention on Cybercrime in 2012
raised concerns about additional requirements in the Australian legislation for ISPs to
monitor and store user data, especially in regard to the requirement to comply with
foreign preservation notices (see VIOLATIONS OF USER RIGHTS).
AUSTRALIA

INTRODUCTION
Australia enjoys affordable, high-quality access to the internet and other digital media, and this
access has continued to expand over the past few years with the rollout of the National Broadband
Network. However, recent amendments to surveillance legislation and proposals to implement
censorship through directives to internet service providers (ISPs) have raised concerns about
privacy and freedom of expression.1 Although not currently law, there have been a number of
proposals put forward on data retention, surveillance, and filtering in the course of the last two
years.
Additionally, in late 2012 Australia acceded to the Council of Europes Convention on Cybercrime,
which brought into effect a number of obligations for ISPs to monitor, preserve, and store user
data. However, the Australian legislation goes beyond the requirements set out in the Convention
by requiring longer retention timelines for foreign preservation notices, and requiring ISPs to
cooperate with any serious crime being investigated in Australia or overseas.
OBSTACLES TO ACCESS
In 1989, Australias Academic and Research Network (AARNet) made the countrys first internet
connection with a 56 Kbps satellite link between the University of Melbourne and the University of
Hawaii.2 Today, the same connection to the United States is 200,000 times faster, and with the
development of the high-speed National Broadband Network (NBN) in 2012,3 all Australians,
including those in more remote areas, will soon have access to an internet connection with a peak
speed of at least 12 Mbps for its mixed network (fiber, wireless and satellite technology), while the
fiber product will offer speeds from 100 Mbps to 1 Gbps.4
Australia has an internet penetration rate of approximately 82 percent as of December 2012,
according to the International Telecommunication Union.5 There were 12.2 million internet
subscribers in Australia in December 2012 (excluding internet connections enabled through mobile
phone handsets) and 17.4 million mobile handset subscribers.6 The internet penetration rate is
The2012ratingforAustraliawasadjustedonthebasisofupdatedscoringguidelinestobestconveychangesovertime.
1
ForacomprehensiveoverviewofthelegislativehistoryofcensorshipinAustraliaseeLibertus.net,AustraliasInternet
CensorshipSystem,accessedJune2010,http://libertus.net/censor/netcensor.html.SeealsoAustralianPrivacyFoundation,
accessedJune2010,http://www.privacy.org.au.
2
AustraliasAcademicandResearchNetwork(AARNet),AARNetSalutesthe20thAnniversaryoftheInternetinAustralia,
newsrelease,November26,2009,http://www.aarnet.edu.au/Article/NewsDetail.aspx?id=173;
RogerClarke,ABriefHistoryoftheInternetinAustralia,May5,2001,http://www.rogerclarke.com/II/OzIHist.html;
RogerClarke,OriginsandNatureoftheInternetinAustralia,January29,2004,http://www.rogerclarke.com/II/OzI04.html.
3
AustralianGovernment,DepartmentofBroadband,CommunicationsandtheDigitalEconomy,NationalBroadband
Network,accessedMarch2012,http://www.dbcde.gov.au/broadband/national_broadband_network.
4
NBNCo.,NationalBroadbandNetwork,accessedJanuary10,2013,http://bit.ly/16U3Qvt.
5
InternationalTelecommunicationUnion,PercentageofIndividualsUsingtheInternet,accessedJuly15,2013,
http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx
6
AustralianBureauofStatistics,InternetActivity,Australia,December2012,http://bit.ly/18eYL3I.
AUSTRALIA

expected to steadily increase with the implementation of the NBN, which includes expanded
wireless and satellite services in rural communities. Although internet access is widely available in
locations such as libraries, educational institutions, and internet cafes, Australians predominantly
access the internet from home, work, and increasingly through mobile phones.
Access to the internet and other digital media is widespread in Australia. Australians have a number
of internet connection options, including ADSL, ADSL 2+, wireless, cable, satellite, and dial-up.7
Wireless systems can reach 99 percent of the population, while satellite capabilities are able to
reach 100 percent. While the internet service provided by these systems can be slow, the expansion
of the NBN means that all Australians will have access to high internet speeds. Major ISPs such as
Telstra offer financial assistance for internet connections to low-income families.8 The phasing out
of dial-up continues, with nearly 90 percent of internet connections now provided through other
means. Once implemented, the NBN will eliminate the need for any remaining dial-up connections
and make high-speed broadband available to Australians in remote and rural areas.9
Age is a significant indicator of internet use, with 69 percent of Australians between the ages of 18
and 24 accessing the internet at home on a daily basis and 75 percent of people 15 years or over
reporting having used the internet over a 12 month period.10 By contrast, only 31 percent of those
65 years and over had used the internet in the same 12 months.11
Approximately 50 percent of Aboriginal and Torres Strait Islanders living in discrete indigenous
communities (i.e. not major cities) have access to the internet, with 36 percent having internet
access in the home.12 In remote indigenous communities, 63 percent of the population had taken up
mobile phone services in 2004.13 However, not all indigenous communities have mobile phone
coverage; the overall mobile phone penetration rate in Aboriginal communities is unknown.
Australia has a mobile phone penetration rate of 106 percent, with many consumers using more
than one SIM card or mobile phone.14 Third generation (3G) mobile services are the driving force
behind the recent growth, with 24.3 million mobile subscriptions operating in 2012.15
7
AustralianCommunicationsandMediaAuthority(ACMA),CommunicationsReport,200809(Canberra:ACMA,2009),
http://www.acma.gov.au/webwr/_assets/main/lib311252/0809_comms_report.pdf.
http://www.acma.gov.au/webwr/_assets/main/lib410148/communications_report_201011.pdf.
8
Telstra,TelstraSustainabilityReport2011,accessedMarch2013,http://bit.ly/1dPRUQw.
9
AustralianGovernmentNationalBroadbandNetwork,NBNKeyQuestionsandAnswers,accessedJune2010.
http://www.nbn.gov.au/content/nbnkeyquestionsandanswersfaqs.
10
AustralianBureauofStatistics,Online@Home,accessedMarch2012,http://bit.ly/mnrJiG.
11
Ibid.
12
AustralianBureauofStatistics,InternetAccessatHome,accessedOctober2010,
http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Chapter10002008.Foracomprehensivereportonindigenous
internetuseandaccess,seeACMA,TelecommunicationsinRemoteIndigenousCommunities(Canberra:ACMA,2008),
accessedJune2010,http://www.acma.gov.au/WEB/STANDARD/pc=PC_311397.
13
http://www.acma.gov.au/webwr/_assets/main/lib311252/0809_comms_report.pdf.Thereisnoequivalentdataon
indigenouscommunitiesinthemorerecent20112012report.
14
InternationalTelecommunicationUnion,Mobilecellulartelephonesubscriptions,accessedJuly15,2013,
AUSTRALIA

Internet access is affordable for most Australians. The government subsidizes satellite phones and
internet connections for individuals and small businesses in remote and rural areas, where internet
affordability is not comparable to that in metropolitan areas.16
The government has adopted a strong policy of technological neutrality, also referred to as net
neutrality. There are no limits to the amount of bandwidth that ISPs can supply. While the
government does not place restrictions on bandwidth, ISPs are free to adopt internal market
practices of traffic shaping. Some Australian ISPs and mobile service providers practice traffic
shaping (also known as data shaping) under what are known as fair-use policies. If a customer is a
heavy peer-to-peer user, the internet connectivity for those activities will be slowed down to free
bandwidth for other applications.17
Like most other industrialized nations, Australia hosts a competitive market for internet access,
with 81 medium-to-large ISPs as of June 2012, as well as a number of smaller ISPs.18 Many of the
latter are virtual providers, maintaining only a retail presence and offering end users access
through the network facilities of other companies; these providers are carriage service providers
and do not require a license.19 Larger ISPs, which are referred to as carriers, own network
infrastructure and are required to obtain a license from the Australian Communications and Media
Authority (ACMA) and submit to dispute resolution by the Telecommunications Industry
Ombudsman (TIO).20 Australian ISPs are co-regulated under Schedule 7 of the 1992 Broadcasting
Services Act (BSA), meaning there is a combination of regulation by the ACMA and self-regulation
by the telecommunications industry.21 The industrys involvement consists of developing industry
standards and codes of practice.22
The ACMA is the primary regulator for the internet and mobile telephony, and is responsible for
enforcing Australias anti-spam law.23 Its oversight is generally viewed as fair and independent,
though there are some transparency concerns with regard to the classification of content. Small
businesses and residential customers may file complaints about internet, telephone, and mobilephone services with the TIO,24 which operates as a free and independent dispute-resolution service.
15
http://www.acma.gov.au/webwr/_assets/main/lib550049/comms_report_201112.pdf.TheReportwastabledtoParliament
andreleasedonDec.1,2012.
16
RuralBroadband,Welcome,accessedJune2010,http://www.ruralbroadband.com.au.
17
Telstra,19.
18
AustralianBureauofStatistics,InternetActivity,Australia,June2012,http://bit.ly/R9RsDo.
19
AustralianBureauofStatistics,InternetActivity,Australia,Dec.2009.,http://bit.ly/1fRWQpZ.
20
AustraliaCommunicationsandMediaAuthority,Carriage&ServiceProviderRequirements,accessedMarch2013,
http://www.acma.gov.au/WEB/STANDARD..PC/pc=PC_1622.
21
AustralianCommunicationsandMediaAuthorityAct2005,http://bit.ly/16U44mm;
BroadcastingServicesAct1992,http://www.austlii.edu.au/au/legis/cth/consol_act/bsa1992214/;
ACMA,ServiceProviderResponsibilities,accessedJune2010,http://www.acma.gov.au/WEB/STANDARD/1001/pc=PC_90157.
22
ChrisConnellyandDavidVaile,DrowninginCodes:AnAnalysisofCodesofConductApplyingtoOnlineActivityinAustralia,
CyberspaceLawandPolicyCentre,March2012,http://cyberlawcentre.org/onlinecodes/report.pdf.
23
ACMA,TheACMAOverview,accessedMarch2012,http://www.acma.gov.au/WEB/STANDARD/pc=ACMA_ORG_OVIEW;
ACMA,Aboutcommunications&mediaregulation,accessedMarch2012,
http://www.acma.gov.au/WEB/STANDARD/pc=PUB_REG_ABOUT.
24
TelecommunicationsIndustryOmbudsman,accessedMarch2012,http://www.tio.com.au.
AUSTRALIA

LIMITS ON CONTENT
Australian law does not currently provide for mandatory blocking or filtering of websites, blogs,
chat rooms, or platforms for peer-to-peer file sharing. Access to online content is far-reaching, and
Australians are able to explore all facets of political and societal discourse, including information
about human rights violations. The ability to openly express dissatisfaction with politicians and to
criticize government policies is not hindered by the authorities, and complaints may be sent directly
to the Telecommunications Industry Ombudsman.25 However, the legal guidelines and technical
practices by which ISPs filter illegal material on websites have raised some concerns in the past
year.
In 2010, the government proposed implementing a mandatory filtering system run through ISPs.26
Draft legislation was proposed under the Rudd Labour government, and then put aside during the
election in August 2010 when a minority government with Julia Gillard of the Labour Party came
to power. While the Gillard government had stated that they might introduce legislation on this
topic, there have been no formal proposals, bills, or further discussion on the matter since the
election. Another election was planned for September 2013, but has been cancelled due to Kevin
Rudd winning the Labour Party leadership vote, after which Gillard resigned and Rudd was sworn
in as Prime Minister. So far, there have not been any claims by either party to introduce mandatory
filtering. Despite the lack of mandatory filtering, ISPs still voluntarily block content from websites
that are on Interpols blacklist and that contain child pornography.
Controversy struck, however, in May 2013 when it was revealed that a number of legitimate
Australian websites not hosting any type of illegal or even controversial material had been blocked.
Investigations revealed that the Australian Security and Investment Commission was using an
obscure provision (section 313) of the Telecommunications Act to request that a fraudulent website
be blocked.27 The notice by ASIC to the ISPs specified an IP address that contained the fraudulent
website along with a number of legitimate websites, including that of Melbourne Free University.
This is the first known incident of ASIC using s.313 to issue notices to ISPs to block non-Interpol
material. The use of section 313 in this matter is highly contentious.
In addition, there are two systems in place that regulate internet content and place some
restrictions on what can be viewed online. Under the first system, material deemed by the ACMA
to be prohibited content is subject to take-down notices. The relevant ISP is notified by the
ACMA that it is hosting illicit content, and it is then required to take down the offending
material.28 Under the Broadcasting Services Act, the following categories of online content are
prohibited:
25
Ibid.
AlanaMaurushat,ReneeWatt,AustraliasInternetFilteringProposalintheInternationalContext,InternetLawBulletin12,
no.2(2009);ACMA,ServiceProviderFiltering,http://www.acma.gov.au/scripts/nc.dll?WEB/STANDARD/1001/pc=PC_90157
27
LeMay,R.,InterpolFilterScopeCreep:ASICOrderingUnilateralWebsiteBlocks(May,15,2013),accessedJuly16,2014,
http://delimiter.com.au/2013/05/15/interpolfilterscopecreepasicorderingunilateralwebsiteblocks/
28
InternetSocietyofAustralia,WhoIsanInternetContentHostoranInternetServiceProvider(andHowIstheABAGoingto
NotifyThem?accessedJune2010,http://www.isocau.org.au/Regulation/WhoisISP.html;
26
AUSTRALIA
Any online content that is classified Refused Classification (RC) by the Classification Board,
including real depictions of actual sexual activity; child pornography; depictions of
bestiality; material containing excessive violence or sexual violence; detailed instruction in
crime, violence, or drug use; and material that advocates the commission of a terrorist act.
Content that is classified R 18+ and not subject to a restricted access system that prevents
access by children, including depictions of simulated sexual activity; material containing
strong, realistic violence; and other material dealing with intense adult themes.
Content that is classified MA 15+, provided by a mobile premium service or a service that
provides audio or video content upon payment of a fee and that is not subject to a restricted
access system, including material containing strong depictions of nudity, implied sexual
activity, drug use, or violence; very frequent or very strong coarse language; and other
material that is strong in impact.29
To date, there have not been any problems with this system of take-down notices being applied to
videos, films, literature, or similar material with information of political or social consequence. In
addition, the governments general disposition is to allow adults unfettered access to R 18+
materials while protecting children from exposure to inappropriate content.
Under the second system, the ACMA may direct an ISP or content service provider to comply with
the Code of Practice developed by the Australian Internet Industry Association (IIA) if the regulator
decides that the provider is not already doing so. Failure to comply with such instructions may
draw a maximum penalty of AUD 11,000 (approximately USD 11,500) per day. Other regulatory
measures require ISPs to offer their customers a family-friendly filtering service.30 This practice is
known as voluntary filtering, since customers must select it as an option.
RC content, including many forms of adult pornography, is generally not unlawful to use, access,
possess, or create in Australia merely by virtue of its RC status. Only material that is otherwise
legislatively criminalized, such as material depicting child abuse and certain terrorism-related
content, is unlawful. Moreover, Australia has no X 18+ or R 18+ category for video and computer
games. This means that extremely violent video games beyond the MA 15+ classification level are
necessarily categorised as RC.31 The 1995 Classification Act and the 1992 Broadcasting Services Act
were amended in 2012 to now include an R 18+ category for video games. The laws entered into
force on January 1, 2013. In the past, the lack of an R 18+ classification for video games led to
some peculiar results with games such as Aliens vs. Predators initially given an RC classification which
InternetIndustryAssociation,GuideforInternetUsers,March23,2008,http://bit.ly/1hfYKP7.
29
ACMA,ProhibitedOnlineContent,accessedJune2010,http://www.acma.gov.au/WEB/STANDARD/pc=PC_90102.
30
InternetIndustryAssociation(IIA),InternetIndustryCodeofPractice:ContentServicesCodeforIndustryCoRegulationinthe
AreaofContentServices(PursuanttotheRequirementsofSchedule7oftheBroadcastingServicesAct1992),Version1.0,2008,
http://www.acma.gov.au/webwr/aba/contentreg/codes/internet/documents/content_services_code_2008.pdf
31
Libertus.net,AustraliasInternetCensorshipSystem,http://libertus.net/censor/netcensor.html.
AUSTRALIA

was later amended to M 15+.32 When a game is classified as RC, often the developer will slightly
modify the game to ensure it receives either an R 18+or an M 15+ ranking.33
The classification system suffers from a lack of transparency; the ACMA does not inform Australian
content owners when it issues a take-down notice, and there is no mechanism available for owners
or creators to challenge the classification of RC content. Only the ISP or similar intermediary
hosting the material may bring a challenge to the Administrative Appeals Tribunal (AAT). In
February 2012, the Australian Law Reform Commission released their report on the introduction
of a new classification scheme, with recommendations as to how the classification scheme should be
amended and clarified.34 However, none of the reports recommendations are currently being
considered by Parliament, and legislation is not expected to be introduced in 2013.
There are no examples of online content manipulation by governments or partisan interest groups.
Journalists, commentators, and ordinary users are not subject to censorship so long as their content
does not amount to defamation or breach criminal laws, such as those against hate speech or racial
vilification.35 Nevertheless, the need to avoid defamation and, to a lesser extent, contempt of court
has been a driver of self-censorship by both the media and ordinary users (see Violations of User
Rights). For example, narrowly-written suppression orders are often interpreted by the media in
an overly broad fashion so as to avoid contempt of court charges.36
Aside from the restrictions on prohibited content, the incitement of violence, racial vilification, and
defamation, Australians have access to a broad choice of online news sources that express diverse,
uncensored political and social viewpoints. Individuals are able to use the internet and other
technologies both as sources of information and as tools for mobilization. In August and September
of 2012, Australians vocalized their opinions about the Attorney-Generals proposal regarding data
retention and the introduction of surveillance mechanisms that would store users online and
mobile phone communications for two years. The proposal was immensely unpopular with the
industry, civil liberties groups, and general consumers. Groups such as Getup! encouraged
Australians to send e-mails and twitter messages to Nicola Roxon, the Attorney-General, to voice
their concerns over the proposal. As a result of the immense unpopularity of the data retention
proposal, Roxon released a video on YouTube in which she attempted to clarify some of the key
aspects of the proposal that had been criticized.37
32
AustralianGovernmentClassificationReviewBoard2009,Alienvs.PredatorReviewBoardDecisionReasons,accessed
March2013,http://www.classification.gov.au/About/Documents/Review%20Board%20decisions/DecisionReasons
AliensvsPredatorFinal4January2010.pdf.
33
SeegenerallyAndyChalk,OFLCrevealschangestoAustralianFallout3,TheEscapist,13August2000,
http://www.escapistmagazine.com/news/view/85646OFLCRevealsChangesToAustralianFallout3.
34
AustralianLawReformCommissionReport118,ClassificationContentRegulationandConvergentMediaFebruary2012,
http://www.alrc.gov.au/sites/default/files/pdfs/publications/final_report_118_for_web.pdf.
35
Jonesv.Toben[2002]FCA1150(17September2002),http://www.austlii.edu.au/au/cases/cth/FCA/2002/1150.html.
36
NickTitle,OpenJusticeContemptofCourt(paperpresentation,MediaLawConferenceProceedings,FacultyofLaw,The
UniversityofMelbourne,February2013).
37
Delimiter,RoxonMakesPleaonYouTube,September11,2012,http://delimiter.com.au/2012/09/11/dataretentionroxon
makesyoutubeplea/.
AUSTRALIA

Advanced web applications like the social-networking sites Facebook and MySpace, the Skype
voice-communications system, and the video-sharing site YouTube are neither restricted nor
blocked in Australia. Digital media such as blogs, Twitter feeds, Wikipedia pages, and Facebook
groups have been harnessed for a wide variety of purposes ranging from elections, to campaigns
against government corporate activities, to a channel for safety-related alerts where urgent and
immediate updates were required.38

While online users in Australia are generally free to access and distribute materials online, free
speech is limited by a number of legal obstacles, such as broadly applied defamation laws and a lack
of codified free speech rights. Australias accession to the Council of Europe Convention on
Cybercrime on November 30, 2012, while putting the country in line with international legal
standards, also raised concerns because of the broader requirements under the Australian legislation
for ISPs to monitor user activities.
Australians rights to access internet content and freely engage in online discussions are based less in
law than in the shared understanding of a fair and free society. Legal protection for free speech is
limited to the constitutionally-implied freedom of political communication, which only extends to
the limited context of political discourse during an election.39 There is no bill of rights or similar
legislative instrument that protects the full range of human rights in Australia, and the courts have
less ground to strike down legislation that infringes on civil liberties. Nonetheless, Australians
benefit greatly from a culture of freedom of expression and freedom of information, further
protected by an independent judiciary. The country is also a signatory to the International
Covenant on Civil and Political Rights (ICCPR).
The Australian press, however, has consistently expressed concerns about a culture of secrecy
that continues to inhibit reporting.40 A 2007 report commissioned by Australias Right to Know
(ARTK), a coalition of media companies formed to examine free press issues, found that there
were over 350 pieces of legislation containing secrecy provisions to restrict media publications.41
There are two significant secrecy laws that have a far-reaching impact on the media. The first is a
lack of federal legislation to protect whistleblowers. The second is a lack of shield laws in many
Australian states, which means that journalists are not shielded from having to disclose their sources
in a court proceeding. In cases where journalists do not disclose their sources, they are subject to
38
Digitalmedia,forexample,isreadilyusedforpoliticalcampaigningandpoliticalprotestinAustralia.SeeTerryFlew,NotYet
theInternetElection:OnlineMedia,PoliticalContentandthe2007AustralianFederalElection,(2008)MediaInternational
AustraliaIncorporatingCultureandPolicy,pp.513.Alsoavailableathttp://eprints.qut.edu.au/39366/1/c39366.pdf
39
AlanaMaurushat,ReneeWatt,AustraliasInternetFilteringProposalintheInternationalContext,InternetLawBulletin12,
no.2(2009).
40
DavidRolph,MattVitins,andJudithBannister,MediaLaw:Cases,MaterialsandCommentaries(SouthMelbourne:Oxford
UniversityPress,2010):44.
41
AustraliasRighttoKnow,SubmissiontotheAustralianLawReformsCommissionsReviewofSecrecyLaws(2007)
http://www.australiasrighttoknow.com.au/files/docs/ALRCSecrecySubmission.pdf.
AUSTRALIA

liability and possible criminal sanction.42 In October 2012, Independent Member of Parliament
Andrew Wilke introduced the Public Interest Disclosure (Whistleblower Protection) Bill. The bill
is consistent with past recommendations and committee outcomes recommending that
whistleblower protection be introduced at the federal level. The bill, if enacted, provides much
needed protection for those federal public sector employees who leak information about corrupt
practices. At this time there is no evidence to support whether leaking information occurs more
often via online communication as opposed to traditional media such as print or broadcast.
The Anti-Terrorism Act 2005 (Cth) revived laws against sedition and unlawful association. The
unlawful association provisions have been used widely since their enactment to ban several
organizations perceived to be potentially dangerous in terms of their links to violent acts.43 The
sedition provisions, however, have not been used. Further, insults against government institutions
or officials would not fall within the sedition provisions.44
Australian defamation law has been interpreted liberally and is governed by legislation passed by the
states as well as common law principles.45 Civil actions over defamation are common and form the
main impetus for self-censorship,46 though a number of cases have established a constitutional
defense when the publication of defamatory material involves political discussion.47 Court costs and
stress associated with defending against suits under Australias expansive defamation laws have
caused organizations to leave the country and blogs to shut down.48
Under Australian law, a person may bring a defamation case to court based on information posted
online by someone in another country, providing that the material is accessible in Australia and that
the defamed person enjoys a reputation in Australia. In some cases, this law allows for the
possibility of libel tourism, in which individuals may take up legal cases in Australia because of the
more favorable legal environment regarding defamation suits. The right to reputation is generally
afforded greater protection in countries like Australia and the United Kingdom than the right of
freedom of expression. In Australia this is especially so as freedom of expression is limited to
political speech. While the United States and the United Kingdom have recently enacted laws to
restrict libel tourism, Australia is not currently considering any such legislation.
Social-networking companies such as Twitter and Facebook are finding themselves in Australian
courts under Australias defamation laws. Recently, television actress and producer Marieke Hardy
42
IreneMoss,ReportoftheIndependentAuditintotheStateofFreeSpeechinAustralia(SurryHills,NewSouthWales:
AustraliasRighttoKnowCoalition,2007),http://www.smh.com.au/pdf/foIreport5.pdf..SeealsoLexMediaAustralia,
JournalistShieldLawsinAustralia(2010)http://www.lexmedia.com.au/2010/10/journalistshieldlaws.html#.UTfUOHnh2F8.
43
AndrewLynchandGeorgeWilliams,WhatPriceSecurity?(UNSWPress:Sydney,2006),4159.
44
Ibid.
45
PrinciplesofonlinedefamationstemfromtheHighCourtofAustralia,DowJones&CompanyIncv.JosephGutnick,[2002]
HCA56.
46
Moss,42.
47
HumanRightsConstitutionalRights,AustralianDefamationLaw,http://www.hrcr.org/safrica/expression/defamation.html,
accessedJune2010.
48
AsherMoses,OnlineForumTrollsCostmeMillions:Filmmaker,SydneyMorningHerald,July15,2009,
http://www.smh.com.au/technology/technologynews/onlineforumtrollscostmemillionsfilmmaker20090715dl4t.html.
AUSTRALIA

wrongly named Melbourne resident Joshua Meggitt as the author of a hate blog.49 Hardy tweeted
the defamatory comment, which was then retweeted by some of Hardys followers. In 2011,
Meggitt sued Hardy for defamation and reached a confidential settlement out of court. Then in
2012, Meggitt took further legal action against Twitter as the publisher of Hardys defamatory
tweet. Hardy has reached a confidential settlement out of court. There is no reported outcome yet
in the Twitter matter.
Users do not need to register to use the internet, nor are there restrictions placed on anonymous
communications. The same cannot be said of mobile phone users, as verified identification
information is required to purchase any prepaid mobile service. Additional personal information is
required for the service provider before a phone may be activated. All purchase information is
stored while the service remains activated, and it may be accessed by law enforcement and
emergency agencies providing there is a valid warrant.50
Law enforcement agencies may search and seize computers, and compel an ISP to intercept and
store data from those suspected of committing a crime. Such actions require a lawful warrant. The
collection and monitoring of the content of a communication falls within the purview of the
Telecommunications (Interception and Access) Act 1979 (TIAA). Call-charge records, however,
are regulated by the Telecommunications Act 1997 (TA).51 It is prohibited for ISPs and similar
entities, acting on their own, to monitor and disclose the content of communications without the
customers consent.52 Unlawful collection and disclosure of the content of a communication can
draw both civil and criminal sanctions.53 The TIAA and TA expressly authorize a range of
disclosures, including to specified law enforcement and tax agencies, all of which require a warrant.
ISPs are currently able to monitor their networks without a warrant for network protection
duties, such as curtailing malicious software and spam.54
On August 22, 2012, the Australian Senate passed the Cybercrime Legislation Amendment Bill,
allowing Australia to accede to the Council of Europe Convention on Cybercrime.55 Unlike that of
many other countries that have already ratified the convention, Australias legislation goes beyond
the treatys terms by calling for greater monitoring of all internet communications by ISPs. Under
the Convention, an ISP is only required to monitor, intercept, and retain data when presented with
a warrant, and only in conjunction with an active and ongoing criminal investigation restricted to
the areas in the Convention: child pornography, online copyright (intellectual property), online
49
MichelleGriffin,ManSuesTwitteroverHateBlogSydneyMorningHerald,February17,2012,
http://www.smh.com.au/technology/technologynews/mansuestwitteroverhateblog201202161tbwg.html.
50
ACMA,PrepaidMobileServicesConsumerInformationProvisionFactSheet,accessedJune2010,
http://www.acma.gov.au/WEB/STANDARD/pc=PC_9079.
51
TelecommunicationsAct1997,Part13,http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/.
52
Part21,section7,oftheTelecommunications(InterceptionandAccess)Act1979(TIAA)prohibitsdisclosureofan
interceptionorcommunications,andPart31,section108,oftheTIAAprohibitsaccesstostoredcommunications.See
Telecommunications(InterceptionandAccess)Act1979,http://www.austlii.edu.au/au/legis/cth/consol_act/taaa1979410/.
53
CriminaloffensesareoutlinedinPart29oftheTIAA,whilecivilremediesareoutlinedinPart210.SeeTelecommunications
(InterceptionandAccess)Act1979,http://www.austlii.edu.au/au/legis/cth/consol_act/taaa1979410/.
54
AlanaMaurushat,AustraliasAccessiontotheCybercrimeConvention:IstheConventionStillRelevantinCombating
CybercrimeintheEraofObfuscationCrimeTools?(2010)UniversityofNewSouthWalesLawJournal16,no.1.
55
CouncilofEurope,ConventiononCybercrime,
http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=185&CL=ENG.
AUSTRALIA

fraud and forgery, and computer offenses. The new Australian legislation compels ISP cooperation
for any serious crime being investigated in Australia or overseas; it is not limited to the crimes set
out in the Convention.
The Convention also requires expeditious preservation of data by the person in possession or
control of data, which means ISPs will often be the ones called upon to preserve data. Articles 16
and 17 of the Convention state that ISPs can be compelled to preserve internet traffic data logs for a
maximum period of 90 days, whereas the Australian legislation mandates that ISPs store data for
180 days for foreign preservation notices. However, the Convention does not compel ISPs to
monitor stored communications, only traffic data. In the case of an active criminal investigation, the
Convention obligates an ISP to preserve the data that is already stored but would otherwise be
deleted. This could include preservation of what IP addresses connect to and from other IP
addresses, or what phone numbers connect to a Voice over Internet Protocol (VoIP) number. This
may also include information about what types of protocols a customer uses, the size and use of
packets, and so forth. Data preservation remains a controversial point but most notably in relation
to the obligation to provide mutual assistance to a foreign entity.
In July 2012, the Commonwealth Attorney-Generals Department released a discussion paper
titled Equipping Australia against emerging and evolving threats.56 Under the proposal, Australian
ISPs would be required to monitor, collect, and store information pertaining to all users
communications, including storing communications for a period of two years. This activity would
be done without a warrant and enforced against all users regardless of whether there is a criminal
investigation.57 A similar data retention law is in place in Europe.58 Many European courts,
however, have struck down the data retention provisions on the grounds that they are a gross
violation of privacy, inconsistent with domestic law, and unconstitutional.59 The Attorney-General
has failed to discuss the significant differences between the EU and Australian legal environments.
In EU countries, including the United Kingdom, citizens human rights are protected under a Bill
of Rights or a Charter of Human Rights and Freedoms. Like the U.S. courts, European courts can
strike down laws or directives which offend these guarantees of fundamental human rights and civil
liberties. There is no Bill of Rights or Charter of Human Rights and Freedoms in Australia. As such,
the courts have no effective means to strike down proposals that violate civil liberties. Once a
proposal is enacted, the only way to have it changed is through legislation, which often requires a
change of government. This compulsory data-retention policy, if enacted, could become a
significant threat to online freedom in Australia. The proposal is not yet official policy in Australia,
nor has it evolved to a bill. At this point in time it remains a proposal only.
56
CommonwealthAttorneyGeneralsDepartmentsDiscussionPaper,EquippingAustraliaagainstemergingandevolving
threats,2012,accessedFebruary1,2013,
http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/additi
onal/discussion%20paper.pdf.
57
AsherMoses,WebSnoopingPolicyShroudedinSecrecy,TheAge,June17,2010,
http://www.theage.com.au/technology/technologynews/websnoopingpolicyshroudedinsecrecy20100617yi1u.html.
58
Directive2006/24/ECoftheEuropeanParliamentandoftheCouncilof15March2006
59
Countriesthathaveannulled,modified,orruledtheprovisionsunconstitutionalinclude:Germany,CzechRepublic,Romania,
Bulgaria,andtheRepublicofCypress.ConstitutionalchallengescontinueinIreland,Hungary,andSlovakia.
AUSTRALIA

There have been several cases in the states of New South Wales and Victoria of individuals being
sentenced to jail terms for publishing explicit photos of women, typically former girlfriends or
boyfriends. By way of example, Australian citizen Ravshan Usmanov pled guilty to publishing an
indecent article and was originally sentenced to six months of home detention after he posted nude
photographs of an ex-girlfriend on Facebook.60 The sentence was appealed and the court
commuted the original sentence in favor of a suspended sentence.
The group Anonymous has commenced a series of hacktivist attacks in response to the data
retention proposal put forth by the Attorney-General. In July 2012, the movement took down a
number of government websites as a form of protest after a Q&A session with Julia Gillard in which
details of many cybersecurity initiatives were outlined.
60
HeathAstor,ExLoverPunishedforFacebookRevenge,April22,2012,SydneyMorningHerald,
http://www.smh.com.au/technology/technologynews/exloverpunishedforfacebookrevenge201204211xdpy.html.
AUSTRALIA
AZERBAIJAN
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
13
16
21
50
13
17
22
52

SOCIAL MEDIA/ICT APPS BLOCKED: Yes
POLITICAL/SOCIAL CONTENT BLOCKED: Yes

Some websites were temporarily blocked during protests or other anti-government
events (see LIMITS ON CONTENT).
In addition to the dominance of state-owned media outlets, the government further
manipulated the online sphere through intimidation tactics like requiring students to
like government policies on Facebook, and threatening those who support antigovernment political causes online (see LIMITS ON CONTENT).
New regulations were implemented in 2013 that required all mobile phones to be
registered according to their IMEI identification code (see VIOLATIONS OF USER
RIGHTS).
Authorities broadly applied existing laws to prosecute journalists and citizens for their
online activities (see VIOLATIONS OF USER RIGHTS).
AZERBAIJAN

INTRODUCTION
Over the course of the last few years, Azerbaijan has acquired a vibrant and rapidly growing online
community. The internet in Azerbaijan has not only become a platform for information sharing, but
as the countrys traditional media outlets continue to fall under strict government control, it has
become a medium for alternative voices and popular political dissent. Its limited, though growing,
community of users has yet to see any major restrictions imposed on the technical level, given the
countrys ongoing commitment and eagerness to promote itself as a leader of information and
communication technology (ICT) innovation in the region.
When it comes to the internet, the Azerbaijani government is practicing what some have called
networked authoritarianism1a middle path between open access and censorship, where online
content remains relatively uncensored, and most often the state lets users discuss the countrys
problems and sometimes openly call for action. On the surface, such an approach generates a
relatively democratic image for the country at home and abroad. However, behind the scenes,
those who speak out on the internet are more likely to face intimidation, threats, arrests, and fines
from the state.
Exemplifying this model, Azerbaijani authorities engage little in filtering and direct censorship.
Nonetheless, they discourage the use of online technology in three ways: demonizing technology
through the practice of media framing, as in the case with the state psychiatrist who called users of
social media mentally ill;2 gradually instilling a sense of fear and inevitably self-censorship in users
of online media through constant monitoring and surveillance; and putting online activists behind
bars, such as the case in 2009 of the arrests of two prominent bloggers, Emin Milli and Adnan
Hajizade.3
While the internet was first introduced in Azerbaijan in 1994 and became available for all citizens in
1996, it was not until the late 2000s that the internet became a more widely-used tool. Despite an
increase in internet penetration, the lowering of costs, and the growth of various internet service
providers (ISPs), the overall quality of internet access has remained low, especially outside the
capital, where many users still rely on dial-up services. Since 2005, authorities have sporadically
blocked access to certain antigovernment websites (including satirical ones). The crackdown
intensified in 2011 with bloggers and online activists joining the usual group of targeted suspects
outspoken journalists and opposition party members. The uprisings of the Arab Spring created
further grounds for fear, turning the governments attention to social networks in search of
violators of public order.
KatyE.Pearce,SarahKendzior,NetworkedAuthoritarianismandSocialMediainAzerbaijan,JournalofCommunicationISSN
00219916,2013,http://www.academia.edu/1495626/Networked_Authoritarianism_and_Social_Media_in_Azerbaijan
2
Socialnetworkusershavementalproblems,trend.az,March7,2011,http://en.trend.az/news/society/1841409.html
3
AdamHug,SpotlightonAzerbaijan,InformationandCommunicationTechnologyinAzerbaijan,TheForeignPolicyCenter,
2012,fpc.org.uk/fsblob/1462.pdf
AZERBAIJAN

In 2012, Azerbaijan hosted two major international events: the Eurovision Song Contest in May and
the Internet Governance Forum in November. In the wake of these events, once international
attention had been diverted, the government continued to crack down on protestors and suppress
antigovernment media coverage. From 2012-2013, the number of attacks on opposition websites
and arrests of online activists increased, alongside an increase in the use of ICTs to mobilize protests
against the government.
OBSTACLES TO ACCESS
Indicators for Azerbaijans internet penetration vary based on available sources, although most
would agree that the number of internet users has risen significantly in recent years. Figures
reported by the Ministry of Communication and Information Technologies (MCIT) indicate an
internet penetration rate of 70 percent for 2012; these statistics include mobile internet users as
well as anyone who has accessed the internet, including one-time users.4 The International
Telecommunication Union (ITU), on the other hand, estimates Azerbaijans internet penetration
rate at 54 percent for 2012,5 while research conducted by academics suggest that the penetration
figure could be as low as 25 percent.6
Despite a growing penetration rate, diversifying ISPs, and gradually declining costs, access to the
internet remains highest in the capital and lowest in rural areas, where there is a scarcity of
providers. The quality of access also remains low, with paid prices not corresponding to advertised
speeds and with many users still relying on slow dial-up connections. An ambitious state program
(worth $131 million in total) is underway to build a broadband internet infrastructure, particularly
in rural regions. The plan intends to provide users across the country with 10 Mbps speed and
generate an internet penetration rate of 85 percent by 2017.
At present, the cost of internet access at an average speed of 1 Mbps is a minimum of AZN 12
(approximately $15.30), which is equivalent to 3 percent of the average monthly wage, according
to official data distributed by the Ministry of Communication and Information Technologies.7 The
ministry intends to further decrease prices; however, no specific amounts were mentioned in any of
the recent statements that the ministry issued.8
Privately owned but government controlled Delta Telecom (previously known as AzerSat) is the
primary ISP in the country, holding an 88 percent share of the overall internet market and selling
Internetpenetrationratereaches70%inAzerbaijan,ann.az,January16,2013,http://ann.az/en/?p=109281
InternationalTelecommunicationsUnion(ITU),PercentageofIndividualsUsingtheInternet,2012,accessedJuly3,2013,
6
dnsonraAzrbaycandainternetstatistikas,azadliq.org,November7,2012,
http://www.azadliq.org/audio/broadcastprogram/635687.html[inAzerbaijani/English]
7
Minister:InAzerbaijan,thecostofconnectiontotheInternetatspeedsof1Mbit/sisabout3%oftheaveragemonthly
wage,apa.az,January16,2013,http://en.apa.az/news/186053
8
Azrbaycandamobildanqqiymtlrivinternettariflriucuzlaacaq,Kanal13AZviayoutube.com,January9,2013,
http://www.youtube.com/watch?v=nCtwmMv0CRo[inAzerbaijani]
5
AZERBAIJAN

traffic to almost all other ISPs. 9 It was the first company to implement a WiMAX technology
project in the country in February 2010, laying the foundation for the use of wireless, broadband,
and unlimited internet access. The largest ISP operating outside of Baku is the state-owned
AzTelekom, with ownership ties to the Ministry of Communication and Information Technologies
(MCIT).10 Azertelecom, owned by Azerfon, completed its fiber-optic network in 2011 and is now
competing for Delta Telecoms business.11
Up until 2000, ISPs in Azerbaijan were required to obtain a license; however, in 2000 this licensing
procedure was no longer required. As a result, according to the information provided by the
Ministry of Communication and Information Technologies, today there are over 40 ISPs operating
in the country with only threeAztelekomnet, Bakinternet, Azdatakombeing state owned.12
Delta Telecom and Azertelecom are two private companies that provide access to the international
internet.
With Azertelecoms growing role in the internet business, government control over ICTs has
become more apparent, particularly after it was uncovered in 2011 that Azerfon is largely owned
by President Ilham Aliyevs daughters.13 Furthermore, there is a lack of transparency over the
ownership of other ICT resources. While there are no specific legal provisions or licensing
requirements for ISPs in Azerbaijan, the MCIT refuses to answer inquiries regarding the ownership
of license holders.14
According to clause 4.2(a) of the Rules for Using Internet Services, internet providers can
unilaterally suspend services provided to subscribers in cases that violate the rules stipulated in the
law On Telecommunications. Furthermore, a provider can suspend the delivery of internet
services in certain circumstances including in times of war, events of natural disasters, and states of
emergency, though none of these legal provisions were employed in 2012-2013.15
Usage of mobile phones in Azerbaijan has continued to grow steadily. There are three mobile
service providers using the Global System for Mobile Communications (GSM) standard: Azercell,
Azerfon, and Bakcell. In 2009, Azerfon, in a partnership with Britains Vodafone, was the only
company with a license for 3G service; however, in response to a number of critical media reports,
Azercell and Bakcell were issued licenses in 2011, breaking Azerfons monopoly over the 3G
market. Azercell and Bakcell reduced prices to increase demand for mobile internet when they
launched 3G services.16 As a result, the number of mobile internet users on the Azercell network
9
Azerbaijancountryprofile,OpenNetInitiative,November17,2010,http://opennet.net/research/profiles/azerbaijan.
YasharHajiyev,Azerbaijan,EuropeanCommission,accessedAugust30,2012,http://bit.ly/1fz6jF9.
11
AzerbaijanNetwork,Azertelecom.az,accessedSeptember5,2012,http://www.azertelecom.az/en/aznetwork/.
12
MinistryofCommunicationsandInformationTechnologiesoftheRepublicofAzerbaijan,
http://www.mincom.gov.az/activity/informationtechnologies/internet/
13
KhadijaIsmayilova,AzerbaijaniPresidentsDaughtersTiedtoFastRisingTelecomsFirm,RadioFreeEurope/RadioLiberty,
June27,2011,http://www.rferl.org/content/azerbaijan_president_aliyev_daughters_tied_to_telecoms_firm/24248340.html.
14
ResponseoftheMinistryofCommunicationtoawrittenrequestforinformation.
15
SearchingforFreedom:OnlineExpressioninAzerbaijan,TheExpressionOnlineInitiative,November2012,
http://www.irfs.org/wpcontent/uploads/2012/12/Report_EO_1.pdf
16
Azercellreducespricesformobileinternetservices(Azerbaijan),WirelessFederation,November28,2011,
http://wirelessfederation.com/news/90875azercellreducespricesformobileinternetservicesazerbaijan/.
10
AZERBAIJAN

the countrys largest mobile communication provider with 55 percent of the market17increased
300 fold in 2011, according to a company representative.18
Introduction of 3G services and changes in mobile phone data packages provided by the phone
companies brought down the average costs of mobile internet from AZN 40.5 (approximately $50)
in 2011 to AZN 7.75 (approximately $10) in 2012. The connection speed improved significantly in
2011, increasing from 3.48 Mbps to 7.05 Mbps.19
Azerbaijan does not have an independent regulatory body for the telecommunications sector, and
the MCIT performs the basic regulatory functions pursuant to the 2005 Law on
Telecommunications. The MCIT also has a monopoly over the sale of the .az domain, which
cannot be obtained online and requires an in-person application and Azerbaijani citizenship,
subjecting the process to bureaucratic red tape and possible corruption.
On February 14, 2013, the Azerbaijani Press Council established a commission under the
government-controlled National Television and Radio Council to handle citizens complaints about
ethical violations online, hacking attacks on web pages, and other issues related to online media.20
This is another alarming development, as the Press Council is known for its progovernment stance.
Already last year, the council restricted the activities of several critical newspapers by describing
them as rackets and putting them on a black list.21 As a result, these papers are banned from
publishing. Aflatun Amashov, chair of the Press Council, argues that since the number of internet
news outlets is growing, the situation calls for the council to take concrete action in this direction.22
In another worrisome development, on February 20, 2013, the National Television and Radio
Council announced the introduction of possible licensing measures for online television channels,
seeing free operation of these outlets as unfair when compared to traditional TV channels.23
Proponents of free speech and free access to information describe this move as the governments
attempt to gag freedom of expression and deprive people of alternative sources of information
through new forms of control.24
17
Aboutus,Azercell,accessedSeptember5,2012,http://company.azercell.com/en/.
NijatMustafayev,NumberofmobileinternetusersofAzercellincreasedsharplyoverthepastyear,APAEconomics,
November18,2011,http://en.apa.az/news.php?id=159794.
19
MobileinternettariffsinAzerbaijanandexplanations,mobiz.az,October2012,http://mobiz.az/n909/Azerbaycandamobil
internettarifleri+tehlil[inAzerbaijani]
20
PressCouncilcreatedcommissionforinternetmedia,mediaforum.az,February14,2013,http://bit.ly/18eZnGI[in
Azerbaijani]
21
Statement:TheOnlineExpressionisUnderAssaultinAzerbaijan,Expressiononline.net,
http://expressiononline.net/pressreleases/statementtheonlineexpressionisunderassaultinazerbaijan2
22
AflatunAmasov:commissiononinternetportalsisnotcensorship,proses.az,February21,2013,
http://proses.az/?m=xeber&id=8014[inAzerbaijani]
23
NushirvanMaharramli:WeshouldlicenseInternetTV,contact.az,February20,2013,
http://contact.az/docs/2013/Economics&Finance/011000024138en.htm#.USyguhhNAD
24
Statement:ExpressionOnlineDemandsAzerbaijaniGovernmentKeepHandsOfftheInternet,irfs.org,February15,2013,
http://expressiononline.net/pressreleases/statementexpressiononlinedemandsazerbaijanigovernmentkeephandsoffthe
internet5
18
AZERBAIJAN

LIMITS ON CONTENT
From 2012-2013, the government did not engage in widespread blocking or filtering of websites,
preferring instead to exert control over the online sphere through intimidation and arrests of users.
However, some sites were temporarily blocked, usually in connection to protests in specific areas
of the country. In addition, the government continued its attempt to influence users online
activities by threatening students who criticize the government online, and causing indirect selfcensorship and intimidation of users through high-profile arrests of online activists.
A few websites and social media platforms were sporadically blocked from 2012-2013. For
example, the popular image-sharing website Imgur was temporarily blocked in early 2013.25 On
January 19, 2013, hackers from Anonymous obtained and released 1.7 GB worth of documents
from the Special State Protection Service of Azerbaijan, posting the material as images on Imgur,
after which the entire platform was temporarily blocked for users in Azerbaijan.26 Websites such as
Musavat, Azadliq, Bizim Yol, Turan News Agency, and Radio Free Europe/Radio Libertys
Azerbaijan service, were also subject to occasional blocking. Other websites, such as
Tinsohbeti.com, a website with satirical articles, caricatures, and videos about government and
government corruption, and Susmayaq.biz, a website for public campaigning, were both shut
down.27
There is still no established process through which affected entities can appeal in cases where
opposition websites or other materials have been censored. Sporadic filtering has also become a
problem for opposition websites from the Azerbaijani diaspora, such as Azdiaspora.org.
Meanwhile, both the MCIT and the Ministry of Education run a hotline program to uncover
allegedly illegal and dangerous content.28
Another concern is the possible introduction of a new bill that will grant the government broad
powers to restrict online content, allegedly in order to protect children from pornography and
other inappropriate material. On February 23, 2013, the chairman of the Azerbaijani Parliaments
Social Policy Committee, Hadi Rajabli, told the local press service that a draft law is likely to be
developed to limit childrens access to the internet. In his statement, Rajabli assured that the law
would not mean restrictions on content, but rather the introduction of limitations based on age
groups.29 However, according to Emin Huseynov, the Director of the Institute for Reporters
25
Imgur.comblockedinAzerbaijan?,advocacy.globalvoicesonline.org,February7,2013,
http://advocacy.globalvoicesonline.org/2013/02/07/imgurcomblockedinazerbaijan/
26
1.7GBDocumentsleakedfromSpecialStateProtectionServiceofAzerbaijan,cyberwarmews.info,January19,2013,
http://www.cyberwarnews.info/2013/01/19/17gbdocumentsleakedfromspecialstateprotectionserviceofazerbaijan/
27
FocusonInternetandHumanRightsinAzerbaijan:InterviewwithVugarGojayev,GlobalInformationSocietyWatch,
giswatch.com,http://www.giswatch.org/en/focusinternetandhumanrightsazerbaijaninterviewvugargojayev
28
YamanAkdeniz,FreedomofExpressionontheInternet,OrganizationforSecurityandCooperationinEurope,2010,
http://www.osce.org/fom/80723.
29
ChildrensaccesstointernetmaybelimitedinAzerbaijan,APA.az,February23,2013,http://en.apa.az/news/188419
AZERBAIJAN

Freedom and Safety (IRFS), this is merely an attempt to start censoring the internet and is likely to
lead to additional restrictions.30
There are limited deletions of online content based on a takedown notice system, primarily related
to personal data. Subject to Articles 5.7 and 7.2 of the law On Personal Data, personal data
published without the consent of an individual must be removed from websites following a written
demand from the individual concerned, a court, or the executive branch.
Access to social media applications such as Facebook and Twitter is unrestricted, and such sites are
increasingly used to disseminate content critical of the government. Facebook, in particular, has
become a key source of information on rallies, protests, and social issues such as housing
demolitions. The number of registered Facebook users grew from approximately 700,000 in
December 2011 to over 1,000,000 users in 2013,31 with the largest age group between the ages of
18-24. The second biggest age group of Facebook users consists of young people between the ages
of 25-34. The majority of Facebook users in Azerbaijan are male, at 64 percent.32
Blogging in Azerbaijan began gaining popularity in 2007. With the introduction of Azerbaijanilanguage blogging platforms, active bloggers writing in the native language provide an alternative
source of information on many subjects that are ignored or distorted by the traditional media.
Together with microblogs, there are over 150,000 bloggers and microblog users in Azerbaijan.33
Most of these blogs are written in the Azerbaijani language, and only about 1,000 blogs are written
in English, Russian, and other languages. Many bloggers, such as Ali Novruzov, Emin Milli, Emil
Bagirov, Etibar Salmanli, Arzu Geybullayeva, and Zaur Gurbanly, are well known for their
independent views, and an estimated 50,000 to 70,000 users read blogs online. Additionally,
according to the head of the Press Council in Azerbaijan, more than 10 internet radio stations and
television channels operate in the countrys virtual space, and over 100,000 users watch television
online. There are also more than 40 online news websites.34
As journalists, activists, and those critical of the government have increasingly turned to the
internet to express their views, the Azerbaijani authorities have amplified their efforts to clamp
down on online activities and stifle opposition voices through tactics such as internet cafe raids,
netizen arrests, and other extralegal intimidation (see Violations of User Rights). Some state
universities warn students that they will encounter problems, including threats of bad grades or
detention, if they participate in online political activism. Students are instead urged to be very
active in defending the government and its positions in their posts and comments on Facebook and
other social media. These efforts have had a chilling effect on internet users who may be practicing
self-censorship out of fear of government reprisals, although the extent of self-censorship is not as
30
Statement:InternetcensorshipinAzerbaijanreadytogolive,irfs.org,February27,2013,http://www.irfs.org/news
feed/statementinternetcensorshipinazerbaijanreadytogolive/
31
FacebookStatisticsAzerbaijan,Socialbakers,accessedFebruary2013,http://bit.ly/qVuzuT.
32
FacebookStatisticsAzerbaijan,Socialbakers,accessedFebruary2013.
33
Bloggersarepassive:inAzerbaijanblogusersarenotactive,video,YurdTV,March5,2013,
http://yurd.tv/yurdxeber/20130302085717673.html[inAzerbaijani]
34
ThenumberofInternetusersinAzerbaijanis45%ofthepopulation,RegnumNewsAgency,February3,2011.
http://regnum.su/news/fdabroad/azeri/1379705.html[inRussian].
AZERBAIJAN

widespread as in the traditional media. Furthermore, government-friendly online media outlets are
the main beneficiaries of the advertisement market. As is the case in the traditional media sphere,
state-owned and private companies tend to refrain from advertising their products in independent
or opposition online media.
To further discourage young Azerbaijanis from using the internet and social networks, a number of
different tactics were introduced. Early in 2011, the countrys chief psychiatrist, Garay Geraybeyli,
described people who prefer communication on social networks [as] having mental problems.35
Not surprisingly, the statement came four days prior to the March 11 Great Peoples Day in
Azerbaijan, an online initiative organized through Facebook calling people join in the struggle for
freedom and democracy in Azerbaijan in a civil way, without provocations, in villages and cities
across the country.36 In another attempt, a television program featured stories of severe Facebook
trauma and illness as a result of use of social media. On April 2, 2013, an article published online
on Xezerxeber.com described social networks as cholera of the 21st century. The paper claims
that social networks create jealousy among its users.37
Despite these manipulative efforts, youth activists, organizations, and political movements are
widely represented in social media, providing information, organizing activities and events, and
arranging flash mobs via the internet. Inspired by the Arab Spring uprisings in early 2011, young
activists in Azerbaijan continue to use social media to organize demonstrations against the
governments authoritarian rule, calling for democratic reforms and an end to pervasive
government corruption.38
Beginning in September 2012, Elshad Abdullayev, the former director of the now-defunct
Azerbaijan International University, began uploading videos to YouTube that exposed corruption
on the part of Gular Ahmedova, a high-ranking figure and member of the ruling party.39 The first
video footage of this scandal, referred to as GularGate, exposed Ahmadova attempting to sell a
parliamentary seat to Abdullayev for AZN 500,000 (approximately $636,000). Ahmadova was
stripped of her parliamentary mandate, expelled from the ruling party, and placed under house
arrest. On February 13, 2013, the Prosecutor Generals Office announced that Ahmadova had been
charged under Article 178.3.2 for fraud (embezzlement) and Article 307.2 for concealment of a
serious crime without agreement.40
On January 12, 2013, a large, unsanctioned rally was organized through the Facebook page sgr
lumlrin SON (End soldiers deaths)41 and held in Baku to protest against the death of military
35
Socialnetworkusershavementalproblems,trend.az,March7,2011,http://en.trend.az/news/society/1841409.html
https://www.facebook.com/events/192209267477787/
37
Socialnetworkscreatejealousy,Xezerzeber.com,April2,2013,
http://xezerxeber.com/XeberOxu.aspx?id=55717#.UV33UxlhOaI[inAzerbaijani]
38
NatashaSchmidt,Freedomofexpressiononline,Chapter8,RunningScared:AzerbaijansSilencedVoices,Article19:Global
CampaignforFreeExpression,2012,http://www.article19.org/data/files/medialibrary/3003/120326azerbaijan.pdf.
39
AsofFebruary2013,eightvideoshavebeenreleased.
40
AzerbaijaniPoliticianArrestedonCorruptionCharge,rferl.org,February14,2013,
http://www.rferl.org/content/azerbaijancorruption/24901860.html
41
https://www.facebook.com/Esger.olumlerine.son?ref=ts&fref=ts
36
AZERBAIJAN

conscript Ceyhun Qubadov. According to local reports, hundreds to thousands of people gathered
at the Fountain Square holding signs with slogans about the mistreatment of military conscripts in
Azerbaijan. While there were no arrests, police issued fines to 29 protestors. Facebook was quickly
put to use once again to organize an online fundraiser through the 5 Gpik (5 Cents) Campaign.
The campaign managed to raise 12,500AZN (approximately US$16,000) from seven thousand
people over a two week period. Thirteen activsts paid their fines from this amount, while the rest
was donated to the family of the concsript. Those who refused to pay their fines began a civil
disobedience campaign.42
Most likely related to this campaign, as well as the upcoming presidential election in October 2013,
a new subarticle was added to the Code on Administrative Offenses, based on which anyone
providing or donating monetary assistance of more than AZN 200 (approximately $255) to political
parties, civil society organizations, or international NGOs must register the donation with the
Ministry of Justice.43 Those who fail to do so will receive fines ranging from AZN 250 to AZN
7,000 (approximately $300-9,000).44 The article divides providers into three categories:
individuals, officials, and legal entity representatives. Institutions that accept these donations are
also subject to fines, ranging from a minimum of AZN 1,000 to a maximum of AZN 10,000
(approximately $1,300-13,000).

In 20122013, there were seven lawsuits against various opposition newspapers and their
journalists, and five of these cases were related to their online activity. The government continued
to restrict online activity through surveillance, monitoring of independent blogs, and extralegal
intimidation of users. Additionally, new regulations were implemented in 2013 that require all
mobile phones to be registered according to their IMEI identification code.
Articles 47 and 50 of the constitution guarantee freedom of thought and speech, provide the right
to distribute information, and prohibit state censorship of the mass media.45 In addition, as a
member of the Council of Europe, the OSCE, and the UN, and as a signatory of the International
Covenant on Civil and Political Rights (ICCPR), Azerbaijan is obliged to respect the right to
freedom of expression. In practice, however, the authorities aggressively use various forms of
legislation to stifle free speech in print and broadcast media. The judiciary lacks independence and
is largely subservient to the executive branch.
42
https://www.facebook.com/notes/khadijaismayil/civildisobediencecampaignreadandshare/10151477615056535
MinaMuradova,AzerbaijanRestrictsNGOFunding,TheCentralAsiaCaucasusAnalyst,February20,2013,
http://www.cacianalyst.org/publications/fieldreports/item/12654azerbaijanrestrictsngofunding.html
44
ThosewhogivecashtopoliticalpartiesandNGOsinAzerbaijanwillreceivehighfines,apa.az,February8,2013,
http://az.apa.az/news/287879[inAzerbaijani]
45
TheconstitutionisavailableinEnglishathttp://en.president.az/azerbaijan/constitution.
43
AZERBAIJAN

Libel is the most common criminal offense used by the authorities against journalists in
Azerbaijan.46 Under the Law on Mass Media of 1999, the internet is designated as a form of mass
media, thus all rules applied to traditional media can be used to regulate the online sphere as well.47
In November 2010, it was announced that the government-controlled Press Council would start
monitoring online news sources for their compliance with the rules of professional journalism.48
While there are no laws that specifically criminalize online expression in Azerbaijan, there has been
a growing trend in recent years of the authorities broadly applying existing laws to prosecute
journalists and citizens for their online activities. In an effort to clamp down on free expression and
silence critical voices in both the traditional media and online, the Azerbaijani authorities have
increasingly detained critics on tenuous charges not directly related to their work. In many cases,
arrests have been made based on politically motivated allegations of criminal defamation, fabricated
accusations of illegal drug possession, or other such trumped-up charges.49
There have been numerous cases over the past few years of individuals being arrested or detained
for their online activities. As of April 2013, seven journalists and two human rights defenders were
in jail, and five of these cases are linked to their online criticism of authorities. Among these is Nijat
Aliyev, the editor of the website Azadxeber.org. He has been in detention since May 2012 on drugrelated charges and is facing up to three years in prison. Prior to his arrest, Aliyev publicly
criticized the governments policies on religion and LGBT rights, and questioned the high costs of
hosting the Eurovision song contest in 2012. On January 26, 2013, Aliyev was additionally charged
with the sale and distribution of religious material without authorization; infringement of territorial
integrity; and inciting national, racial and religious hostility.
On April 5, 2013, Araz Guliyev, the editor of the Islamist news website Xeber44.com, was
sentenced by the Lankaran Court on Grave Crimes to eight years in prison. Guliyev was convicted
of illegal possession of firearms; organizing and participating in a public order disturbance; inciting
national and religious hatred; resisting the authorities; and insulting the republics flag and insignia.
Guliyev had originally been arrested on charges of hooliganism while he was reporting on a protest.
Multiple rights organizations have expressed the view that these charges were fabricated and that
the arrest was likely linked to Guliyevs activities as an online journalist.50
On May 9, 2013, Reshad Ramazanov, an online activist known for his outspokenness on Facebook
in particular, was arrested and accused of illegal possession and/or sale of a large amount of
46
AzerbaijanCriminalCode:Article147.Defamation,ConseildelEurope,December12,2003,accessedAugust30,2012,
http://www.coe.int/t/dghl/standardsetting/media/Doc/DHMM(2003)006rev_fr.asp#P281_18801.
47
LawoftheRepublicofAzerbaijanAboutMassMedia,AzerbaijanNationalAcademyofSciences,December7,1999,
http://ict.az/en/index.php?option=com_content&task=view&id=477&Itemid=95.
48
ControlOverOnlineSourcesandFacebooklikesitesinAzerbaijan,Today.az,November27,2010,
http://www.today.az/view.php?id=77287.
49
InternationalcommunitymustactonAzerbaijancrackdown,AmnestyInternational,November16,2011,
http://www.amnesty.org/en/news/internationalcommunitymustactazerbaijancrackdown20111116.
50
EditorofreligiousnewswebsitefaceslengthyjailterminAzerbaijan,IFEX,April8,2013,
http://www.ifex.org/azerbaijan/2013/04/08/editor_prison/;Islamistwebsiteeditorsentencedtoeightyearsinprison,
ReportersWithoutBorders,April8,2013,http://en.rsf.org/azerbaijanislamistwebsiteeditorsentenced0804
2013,44332.html
AZERBAIJAN

narcotics. On May 10, 2013, he was sentenced to three months of pretrial detention. If convicted,
Ramazanov faces up to 12 years of imprisonment.
Ramin Deko, a reporter for the newspaper Azadliq, was kidnapped in April 2011, held for eight
hours, and warned to stop using social media to criticize the government.51 On March 7, 2012,
Deko was again detained while covering a protest near the Elmlar Akademiyasi metro station. The
protest was held in response to reported abuses committed against prisoners of conscience
Mahammad Majidli and Babak Hasanov. Deko was taken to the police station where all his
photographs from that day were deleted from his memory card.
Following mass demonstrations in the remote town of Guba on March 1, 2012, which were
prompted by the circulation of an online clip featuring the regional governor Rauf Habibov
allegedly insulting the local population, two editors of Khayal TV were detained. Vugar Gonagov
and Zaur Guliyev, who were held on charges of organizing mass disorder and abuse of office for
posting video material online, were released on February 15, 2013, after they were given a
probationary sentence of three years.52 The circulation of the video posted by Gonagov and Guliyev
prompted thousands of protestors to take to the streets and demand the governors resignation.53 In
response to the unrest, the authorities searched several internet cafes in Guba to identify the
individual responsible for posting the video. The authorities also tried to determine the authors of
comments posted on social-networking websites that called for the demonstrations.54 The governor
was dismissed shortly after this unrest.
On January 26, 2013, after a series of protests and riots broke out in the town of Ismayilli, in which
police used water cannons, rubber bullets, and tear gas to deter the protestors, supporters used
Facebook to organize a solidarity protest in Baku. Residents gathered downtown and called for an
immediate end to the use of weapons against unarmed civilians. Despite their calls, however,
protestors were tackled, kicked, and slapped.55 In total, 75 protestors were detained, and of those
detained, five received administrative detention. Emin Milli was among these five. He received the
longest sentence of 15 days of administrative detention. The fines handed out that day totaled AZN
15,250 (nearly $20,000),with the highest fine given to Turgut Gambar, the son of Isa Gambar, who
is the leader of the Musavat Party.
In December 2011, the Cabinet of Ministers endorsed a planwithout parliamentary approval
that would require registration for all mobile devices. The plan requires the registration of IMEI
codes (the unique serial number given to each phone), SIM cards, and mobile network numbers.
51
JournalistRaminDeko:kidnappedyesterday,beatentoday,Azadliq.org,April4,2011,
http://www.azadliq.org/content/article/3546794.html[inAzerbaijani]
52
TheIndividualCostofFreedomofExpressioninAzerbaijan,InternationalPartnershipGroupforAzerbaijan,March26,
2013,http://milaz.info/en/news.php?id=8919
53
ShahinAbbasov,Report:ClashesinAzerbaijanPromptDismissalofRegionalGovernmentOfficial,Eurasianet.org,March1,
2012,http://www.eurasianet.org/node/65068.
54
ShahinAbbasov,Azerbaijan:IsGubaProtestResponseaHarbingerofaPoliticalShiftinBaku?Eurasianet.org,March6,
2012,http://www.eurasianet.org/node/65092.
55
InBakuarallywasheldinsupportofIsmayilli,azadliq.org,January26,2013,
http://www.azadliq.org/media/video/24884524.html[inAzerbaijani]
AZERBAIJAN

Unregistered devices will be listed on a black page and mobile service providers will be required
to limit service to all devices under this category.56 The registration process began on March 15,
2013, and a statement from the Deputy Minister of Communication and Information Technologies
indicated that service would be affected for phones on the black page beginning May 1, 2013.57
It is unclear to what extent security agencies monitor ICT activity or track user data in Azerbaijan.
Most users do not have licenses for the software on their computers, which leaves them vulnerable
to security threats such as viruses and other malicious programs that could be implanted to monitor
their activity. While the law explicitly prohibits the arbitrary invasion of privacy and court orders
are required for the surveillance of private communications, the law On operative-search activity
(Article 10, section IV) authorizes law enforcement agencies to conduct surveillance without a
court order in cases regarded as necessary to prevent serious crimes against the person or
especially dangerous crimes against the state.58 The unclear parameters for what constitutes
preventive action leave the law open to abuse. As such, it has long been believed that the Ministry
of National Security and Ministry of Internal Affairs monitor the phone and internet
communications of certain individuals, especially foreigners, known activists, and business
figures.59
Such suspicions were confirmed by many of those detained for their involvement in the March 2011
protests, who reported that the authorities had referred to their Facebook activities and private
communications during interrogations. This surveillance continues today, with arrested activists
reporting seeing their Facebook message exchanges printed out. On February 27, 2013, Turkel
Alisoy, a member of Popular Front Partys youth branch, was taken from his home to the Khatai
District Police Office no. 35. From there he was taken to the Baku City Main Police Office, where
the head of the criminal investigation department showed him screenshots of his Facebook post in
support of the Students Day of Boycott Facebook event page. Alisoy reported that he was accused
of intentionally calling students and other citizens to protest. During his temporary detention,
Alisoy was threatened with criminal prosecution if he continued to call for protests on Facebook.60
In April 2012, a month before Azerbaijan was set to host the Eurovision Song Contest, a Swedish
investigative documentary revealed evidence of a blanket mobile phone surveillance system
employed by the telephone company Azercell.61 With help from the Stockholm-based telecom
TeliaSonera, Azercell has reportedly installed black box devices on its networks that allow
government security services and the police to monitor all mobile phone communications
including text messages, internet traffic, and phone callsin real time without any judicial
56
Azerbaijantightenscontrolofmobiletelephones,News.Az,December30,2011,http://www.news.az/articles/51997
IMEIcodesregistrationsystemtobeappliedinAzerbaijan,News.Az,March15,2013,
http://www.news.az/articles/tech/77977
58
Article10.Operativesearchmeasures,LawoftheAzerbaijanRepublic,Onoperativesearchactivity,accessedSeptember5,
2012,http://taxes.caspel.com/qanun/728_eng.pdf.
59
U.S.DepartmentofState,Azerbaijan,CountryReportsonHumanRightsPracticesfor2011,BureauofDemocracy,Human
RightsandLabor,http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper.
60
MonthlyInternetFreedomReportFebruary20,2013March15,2013,Expressionline.net,
http://expressiononline.net/monitoringresearch/monthlyinternetfreedomreportfebruary202013march152013
61
Video:TheBlackBoxes,SVT.se,April26,2012,http://www.svt.se/ug/videotheblackboxes3.
57
AZERBAIJAN

oversight. In addition, insider reports described how Azercell has set aside special offices in their
headquarters for government authorities to conduct surveillance activities. While it is unclear
exactly when the monitoring system was installed and put into practice, one source working for
TeliaSonera noted that the Arab Spring prompted the regimes to tighten their
surveillance.Theres no limit to how much wiretapping is done, none at all.62
Netizens and their family members have also been subject to instances of extralegal intimidation
and harassment through surprise police visits to their homes, summons to local branches of the
Ministry of National Security for questioning, and arbitrary job losses.63 In one instance, the
investigative journalist Khadija Ismayilova became the victim of a blackmail campaign in March
2012 that attempted to silence her by publishing private personal footage aimed at damaging her
reputation. Known for her reporting on corruption in the country, including investigations into the
presidents conduct and business activities, Ismayilova had been regularly disseminating her reports
on social-networking sites such as Facebook, where she has a wide following. The threats against
her included intimate photographs of her being taken and then sent to her with a warning to
behave. Refusing to be silenced, Ismayilova instead went public with the blackmail attempt, and
in retaliation, an intimate video of Ismayilova filmed by hidden camera was distributed over the
internet.64
On March 26, 2013, 22-year-old activist and a member of the Azerbaijani Popular Front Party,
Dashgin Malikov was arrested following a number of Facebook posts in which Malikov openly
criticized the government. During a search at the police station, drugs were planted into Malikovs
wallet. He was forced to sign a confession, which he later retracted. Malikov suffered from a
medical condition that required him to undergo bi-annual medical checks, none of which indicated
any instances of previous drug use.
On March 31, 2013, Taleh Bagirov, a religious scholar and activist, was arrested. Bagirov is known
to be critical of the Azerbaijani government in his sermons (some of his sermons are available on
YouTube. His final video received over 36,000 hits).65 He was charged with illegal drug possession
with an intention to sell under Article 234.1 of the Azerbaijani criminal code. According to
Bagirovs lawyer, Anar Gasimli, he was unable to see his client for a week. When Gasimli finally
did see Bagirov, the activist told him he was abused and beaten while in custody. During their
meeting, the defendant was heavily bruised and unable to move three of his fingers. Requests for
immediate medical examination were never met. In March, Bagirov was sentenced to two months
in pre-trial detention. His sentenced was extended on May 24.
On April 3, 2013, a story appeared on a local online news portal, Haqqin.az, about a case in which
a university had prepared a list of students with accounts on social networks. According to Alkhas
62
RyanGallagher,YourEurovisionSongContestVoteMayBeMonitored:MassSurveillanceinFormerSovietRepublics,
Slate.com,April30,2012,http://slate.me/IQPhyO.
63
U.S.DepartmentofState,Azerbaijan,CountryReportsonHumanRightsPracticesfor2011,BureauofDemocracy,Human
RightsandLabor,http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper.
64
RobertCoalson,AzerbaijaniJournalistDefiantinFaceofBlackmailBid,RadioFreeEurope/RadioLiberty,March9,2012,
http://www.rferl.org/content/azerbaijan_ismailova_blackmail_rferl_journalists_threats/24509372.html.
65
HaciTalehBagirzadearrestedfollowingthisspeech,March24,2013,https://www.youtube.com/watch?v=KUmEb7O43A
AZERBAIJAN

Ismaylov, the author of the article, a fourth year student of Technical University stated that
students were directly warned by the deputy deans to close their profiles if they wanted to remain
students of the university.66
In April 2013, Azerbaijani TV channels aired voice recordings of arrested NIDA members (a young
opposition movement) Bakthiyar Guliyev and Mahammad Azizov,67 confessing their intentions to
resort to violence against the police by using Molotov cocktails during the planned March 10
protests. Many supporters and human rights defendants believed the young men were coerced or
threatened into making these confessions during detention, as none of them were allowed to see
their lawyers following their arrests.
Wrongful access to a computer, such as through the implantation of viruses or security breaches, is
punishable under Chapter 30 of the criminal code.68 Internet security is also dealt with in the Law
on National Security of 2004 and the Law on Protection of Unauthorized Information of 2004.
Hacking attacks aimed at Azerbaijani internet users and websites often come from Armenian
internet protocol (IP) addresses, and the timing of such attacks typically coincides with politically
sensitive dates related to the unresolved territorial conflict between the two countries. Sometimes
attacks occur after high-profile political statements. The ostensibly Armenian-based attacks have
targeted the websites of entities such as the MCIT, the National Library, and the public television
broadcaster. The Anti-Cybercriminal Organization is the main body working against cyberattacks in
Azerbaijan, and the country ratified the Council of Europes Convention on Cybercrime in March
2010, which took effect in July 2010.
Throughout 2011, some opposition news websites, including Yeni Musavat, Radio Azadliq, and the
personal blog of the Popular Front Partys chairman Ali Kerimli, were subject to constant attacks
that resulted in temporary shutdowns.69 The newspaper Yeni Musavat speculated that the
cyberattack against it could have been launched by the Ministry of Defense as a response to its
critical reporting, but the ministry denied the allegations.70 In June 2011, the Popular Front Party
issued a statement also accusing the government of cyberattacks against its website.71 Nevertheless,
the sites of state bodies and state-controlled media have also been subject to an increasing number
of cyberattacks over the past year, with hackers targeting and defacing sites belonging to the
Interior Ministry, the State Security Service, the Ministry of Education, and the ruling New
Azerbaijan party, among others.72
66
AlkhasIsmaylov,StudentusersofFacebook,getoutofUniversities,April3,2013,http://haqqin.az/news/4827[inRussian]
Intotal7NIDAmembersarecurrentlyindetentionfacingupto8yearsinprisonifconvicted
68
AnunofficialEnglishtranslationofthecriminalcodeisavailableathttp://bit.ly/MY3HK.
69
TwomoreAzerbaijaniwebsitesundergohackerattacks,AzerbaijaniNewsNetwork,April9,2012,
http://ann.az/en/?p=70943.
70
AzrbaycanMdafiNazirliyiYeniMsavatqzetinimhkmyverir,APAEconomics,September16,2011,
http://az.apa.az/news.php?id=234649[inAzerbaijani].
71
FatimaKarimli,AXCPhakimiyytikibercinaytdsulad[FrontPartycybercrime],Qafqazinfo,June22,2011,
http://qafqazinfo.az/AXCP_HAKIMIYY%C6%8FTI_KIBERCINAY%C6%8FTD%C6%8F_SU%C3%87LADI923xeber.html.
72
InstituteforReportersFreedomandSafety(IRFS),ChapterFour:FreedomofExpressionOnline,AzerbaijansCriticalVoices
inDangerSemiannualAzerbaijanfreedomofexpressionreport,January01July01,2012,
http://www.ifex.org/azerbaijan/2012/08/16/irfs_freedom_of_expression_report.pdf.
67
AZERBAIJAN
BAHRAIN
2012 2013
NOT NOT
FREE FREE
12
11
25
26
Violations of User Rights (0-40) 34
35
Total (0-100)
71
72


After an intense government crackdown, more users have begun to exercise a degree
of self-censorship when speaking about sensitive issues owing to fears of government
reprisals (see LIMITS ON CONTENT).
Eight online users were given prison sentences during the coverage period, with
numerous others arrested or intimidated for Twitter posts amid authorities increased
intolerance towards government criticism on social media (see VIOLATIONS OF USER
RIGHTS).
Cyberattacks and government surveillance were increasingly employed to disrupt or
monitor online activities of prominent dissidents (see VIOLATIONS OF USER RIGHTS).
BAHRAIN

INTRODUCTION
In the absence of a representative government, many Bahrainis look to the internet as an outlet for
expressing political, economic, and social frustrations in the country. Unfortunately, as the
importance of online tools has grown, so too has the desire of the Bahraini authorities to extend
censorship and government repression practices from the real world into the online domain. In
1997, only two years after the internet was introduced in the country, a Bahraini internet user was
arrested for the first time after sending information to a political opposition group outside of the
country.1 The Ministry of Information made its first official attempt to block websites containing
content critical of the government in 2002, and today over 1,000 websites are blocked, including
individual pages on certain social-networking sites.2
Crackdowns on Bahraini internet users escalated in 2011, following widespread protests against the
ruling family of King Hamad bin Isa al-Khalifa. The authorities engaged in mass arrests, military
trials, torture, and widespread intimidation tactics in an attempt to silence popular demands for
greater political rights and democratic freedoms, including a new constitution and an elected
government.3 One online activist died from torture while in police custody in April 2011.4
Over the past year, a combined total of over 47 months of prison sentences have been passed down
on eight Bahraini citizens as a result of their online activities, while many other cases are pending
trial. The continued crackdown and oppressive online environment is pushing more users toward
self-censorship. Surveillance of online activity and phone calls is widely practiced, and officers at
security checkpoints actively search mobile phones for suspicious content.5 Numerous users have
reportedly been subject to physical or psychological torture while held by authorities, often for
Twitter posts. Finally, online activists are subject to consistent cyberattacks as overzealous security
forces aim to collect personal information for use during interrogations.
OBSTACLES TO ACCESS
From a technological perspective, Bahrain is one of the most highly connected countries in the
world. In 2012, Bahrain ranked among the top five countries in the Western Asia region on the
InitiativeForanOpenArabInternet,Bahrain,ImplacableAdversaries:ArabGovernmentsandtheInternet,December2006,
http://old.openarab.net/en/node/350.
2
Bahrain:Governmentordersover1,000websitesblocked,IndexonCensorship,September25,2009,
http://www.indexoncensorship.org/2009/09/bahraingovernmentordersover1000websitesblocked/.
3
DocumentBahrain:Twodieasprotestsareviolentlyrepressed:AliAbdulhadiMushaima,FadhelAliMatrook,Bahrain
CenterforHumanRights,February15,2011,http://bahrainrights.org/en/node/3731.
4
JournalistsKilledinBahrain,CommitteetoProtectJournalists,April9,2011,http://cpj.org/killed/2011/zakariyarashid
hassanalashiri.php.
5
PoliticalmediainBahrain:Fromthemuralsandpublicationstotheonlineforums[inArabic],BahrainMirror,January7,
2012,http://bhmirror.hopto.org/article.php?id=2712&cid=117.
BAHRAIN

United Nations Telecommunications Infrastructure Index.6 Internet access is widely available at
schools, universities, shopping malls, and coffee shops, where Bahrainis often gather for work and
study.7 The number of internet users has risen rapidly, from a penetration rate of 28 percent in
2006 to 88 percent in 2012.8 There are approximately 413,000 internet subscriptions in the
country, of which 60 percent were mobile broadband, 28 percent were fixed-wireless, and the
remaining were ADSL.9 Dial-up connections have disappeared since 2010 and ADSL use has
declined with the growth of mobile broadband. Approximately 78 percent of broadband
subscribers in 2011 were on plans with speeds of at least 1Mbps, while 58 percent enjoyed speeds
of 2Mbps or higher.10 Broadband prices fell by nearly 40 percent between 2010 and 2011, and are
among the lowest in the region for mobile broadband. However, prices remain relatively high by
international standards11 and in comparison to countries in the Organization for Economic
Cooperation and Development (OECD).12
Bahrain also has one of the highest mobile phone penetration rates in the region at 156 percent as of
the end of 2012, representing over 2.1 million subscribers.13 However, in an effort to halt the rapid
dissemination of information, authorities banned BlackBerry users from sending news bulletins
through text messages in April 2010.14 BlackBerry phones are popular among young people and the
business community and account for around 12.5 percent of mobile subscribers.15 Similarly, while
Web 2.0 applications such as the video-sharing site YouTube, social-networking site Facebook, and
the micro-blogging site Twitter are available, the government often blocks individual pages on each
of those platforms if they violate the countrys strict laws on political expression. (See Limits on
Content)
Mobile phone services and ISPs are regulated by the Telecommunications Regulation Authority
(TRA) under the 2002 Telecommunications Law. The TRA is responsible for licensing
telecommunication providers and for promoting effective and fair competition among established
6
Theindexisameasureofthepopulationsconnectivityinfixedtelephony,mobile,internet,online,personalcomputingand
television.EGovernmentSurvey2012,UnitedNationsDepartmentofEconomicandSocialAffairs,(NewYork:United
Nations,2012),http://www2.unpan.org/egovkb/global_reports/12report.htm.
7
TelecommunicationsRegulatoryAuthority(TRA),AnnualReport2011,(Manama:TRA),slide38,
http://tra.org.bh/EN/pdf/TRAAnnualReport2011English.pdf.
8
InternationalTelecommunicationUnion(ITU),PercentageofindividualsusingtheInternet,fixed(wired)Internet
subscriptions,fixed(wired)broadbandsubscriptions,2006&2012,accessedJune24,2013,http://www.itu.int/ITU
D/ICTEYE/Indicators/Indicators.aspx#.
9
TelecommunicationsRegulatoryAuthority(TRA),TelecommunicationsMarketIndicatorsintheKingdomofBahrain(Manama:
TRA,December2012),slide32,http://tra.org.bh/EN/pdf/2012TelecommunicationsmarketsindicatorsvFforpublic.pdf.
10
TelecommunicationsRegulatoryAuthority(TRA),TelecommunicationsMarketIndicatorsintheKingdomofBahrain(Manama:
TRA,December2012),slide34,http://tra.org.bh/EN/pdf/2012TelecommunicationsmarketsindicatorsvFforpublic.pdf.
11
TelecommunicationsRegulatoryAuthority(TRA),AnnualReport2011,(Manama:TRA),slide33,
http://tra.org.bh/EN/pdf/TRAAnnualReport2011English.pdf.
12
TelecommunicationsRegulatoryAuthority(TRA),BroadbandPricesfallbyupto40%whileMobilePricesfallbyupto25%,
pressrelease,September14,2011,http://www.tra.org.bh/en/pdf/2011PriceBenchmarkingPressRelease_en.pdf.
13
InternationalTelecommunicationUnion(ITU),Mobilecellularsubscriptions2012,accessedJune26,2013,
http://www.itu.int/ITUD/ICTEYE/Indicators/Indicators.aspx#.
14
AuthoritiesBanBlackberryUsersfromSendingNewsBulletins,IFEX,April15,2010,
http://ifex.org/bahrain/2010/04/15/blackberry_ban/.
15
TRA,TelecommunicationsMarketIndicatorsintheKingdomofBahrain,December2012,slide19,
http://tra.org.bh/EN/pdf/2012TelecommunicationsmarketsindicatorsvFforpublic.pdf.
BAHRAIN

and new licensed operators.16 In this vein, the TRA fined the leading telecommunications company
Batelco BHD 5 million (US$13 million) in 2009 for monopolizing access to the countrys
international data lines, ordering the company to share its facilities with MENA Telecom and other
licensed operators. The TRA has also issued several regulations that have not been welcomed by
consumers, including measures that violate individual privacy.17 (See Violations of User Rights)
Although the TRA is theoretically an independent organization, in practice its members are
appointed by the government and its chairman reports to the Minister of State for
Telecommunications. Up until June 2013, this minister also occupied the post of President of the
Information Affairs Authority (IAA).18 In turn, the IAA, which replaced the Ministry of Information
in 2010, oversees both traditional and online media outlets in Bahrain and is responsible for
decisions to block websites, which are then enforced by internet service providers (ISPs).
In a positive development, more ISPs have recently been introduced to the Bahraini market,
improving Bahrainis access to the internet.19 Indeed, over 31 licenses have been granted since
2003, with 16 providers currently in business.20 There have been no reported instances of ISPs
being denied registration permits. The major providers are Batelco, Zain, MENA Telecom, and
VIVA. The latter two are also licensed to provide the increasingly popular WiMAX technology for
accessing wireless broadband from ones computer through a USB device.
Batelco, Zain, and VIVA also serve as Bahrains three mobile phone operators. The government has
a controlling stake in Bahrains largest telecommunications company, Batelco, while other ISPs are
owned by investors from the private sector, including non-Bahraini investors. Although there is no
centralized internet backbone in Bahrain, all ISPs are indirectly controlled by the government
through orders from the TRA. This tight control over the countrys ICT sector has allowed the
Bahraini authorities to enforce strict limits on online content.
LIMITS ON CONTENT
Over the past year, the overall scale and sophistication of censorship has remained stable, with
many websites blocked since the February 14, 2011 protests. The popular uprising, which was
called for and heavily covered by online channels, resulted in a significant rise of blocking and
filtering measures by the Bahraini authorities. Throughout late 2012 and early 2013, prominent
platforms for the live-streaming of events and chat applications used to conduct online seminars
remained blocked as the government sought to hinder online mobilization through legal and
16
TRAHomepage,accessedMarch19,2013,http://www.tra.org.bh/EN/Home.aspx.
GeoffreyBew,BigBrotherMoveRapped,GulfDailyNews,March25,2009,http://www.gulfdaily
news.com/Print.aspx?storyid=246587.
18
InJune2013,MohamedalRumaihiwasnamedPresidentoftheIAA,replacingFawazalKhalifawhoremainedMinisterof
StateforTelecom.
19
TRA,TelecommunicationsMarketIndicatorsintheKingdomofBahrain,December2012,slide10,
http://tra.org.bh/EN/pdf/2012TelecommunicationsmarketsindicatorsvFforpublic.pdf.
20
TRA,MarketInformation:NumberofLicensesIssued,accessedFebruary1,2012,
http://www.tra.org.bh/en/marketstatistics.asp.
17
BAHRAIN

administrative means. The crackdown on online speech has also resulted in an increase in selfcensorship among social network users.
The IAA officially blocks websites that violate Articles 19 and 20 of the countrys Press Rules and
Regulations. This includes material judged as instigating hatred of the political regime, encroaching
on the state's official religion, breaching ethics, encroaching on religions and jeopardizing public
peace or raising issues whose publication is prohibited by the provisions of this law.21 As such, any
site that criticizes the government, the ruling family, and the countrys status quo is targeted by the
IAA and promptly blocked. According to statistics provided by an online community-based survey,
39 percent of all sites reportedly blocked in Bahrain are related to politics, while 24 percent are
related to the use of various internet tools, such as anonymizers and web proxies.22 According to
some estimates, the IAA has blocked or shut down more than 1,000 websites, including human
rights websites, blogs, online forums, and individual pages from social media networks.23 For
example, the websites of the Arab Network for Human Rights Information (ANHRI) and the
Bahrain Center for Human Rights (BCHR) have been blocked since 2006. The website of the
opposition Bahrain Justice and Development Movement, which was established abroad, has been
blocked since 2011.24
Although there are a number of news websites providing a plurality of viewpoints distinct from the
narrative of Bahraini state media, most of these are blocked by the government and require
circumvention tools to access. The websites of international television channels that continue to
report on the unrest in Bahrain, such as Al-Alam,25 Press TV,26 and Lualua TV, remain blocked.27
The news site Bahrainmirror.com, which is published from abroad,28 and the website of the
London-based Al-Qudus Al-Arabi newspaper have been blocked since 2011 for publishing views that
are critical to the Bahraini government.29 Bahrainonline.org, the countrys prominent online
forum, has been blocked since its launch in 1998, though its moderators have continuously
generated and distributed new links to bypass the block.30 The Arabic web portal and blog-hosting
21
PleaseseeDecreebyLawNo.(47)fortheyear2002regardingorganizingthepress,printingandpublishing,availableat:
http://www.iaa.bh/policiesPressrules.aspx.
22
Herdict:AtaGlanceBahrainHerdict,accessedonMarch19,2013,http://www.herdict.org/explore/indepth?fc=BH.
23
CountriesUnderSurveillance:Bahrain,2011,ReportersWithoutBorders,accessedJuly16,2012,
http://en.rsf.org/surveillancebahrain,39748.html.
24
Violence,blockedwebsitesandprosecutionsAntimediaoffensivecontinues,ReportersWithoutBorders,August20,
2011,http://en.rsf.org/bahrainviolenceblockedwebsitesand20082011,40811.html.
25
ChannelblocksiteoftheworldinBahrain[inArabic],IslamTimes,March8,2011,
http://www.islamtimes.org/vdcfcmdt.w6dcxaikiw.html.
26
PressTVswebsiteblockedinBahrain,PressTV,March5,2011,http://www.presstv.ir/detail/168269.html.
27
LualuaTValsohaditssatellitebroadcastjammedinBahrain.Source:SimonAtkinson,BahrainTVstationstrugglesassignal
blocked,BBCNews,November14,2011,http://www.bbc.co.uk/news/business15699332.
28
CrackdowncontinuesinBahrain,BloggersgoontrialinEmirates,ReportersWithoutBorders,June16,2011,
http://en.rsf.org/bahraincrackdowncontinuesinbahrain16062011,40467.html.
29
Bahrain:InternetthebiggestvictimofthewarlaunchedbytheauthoritiesonthegeneralfreedomANHRIcondemns
blockingAlQudsAlArabinewspaperwebsitefollowingitspublishingofaneditorialarticlecriticizingtheSaudiinterventionin
Bahrain,TheArabicNetworkforHumanRightsInformation,May24,2011,http://www.anhri.net/en/?p=2544.
30
BenBirnbaum,BahraincontinuescrackdownonShiiteopposition,TheWashingtonTimes,September14,2010,
http://www.washingtontimes.com/news/2010/sep/14/bahrainshiitesfeararrestsdetentiontorture/?page=2and
WebStatsDomianMail.bahrainonline.org,WebStatsDomain,accessedMarch19,2013,
http://www.webstatsdomain.com/domains/mail.bahrainonline.org/.
BAHRAIN

service Al-Bawaba has also been blocked since 2006. Online newspapers have been banned from
using audio and video reports on their websites since 2010, apart from the state-owned Bna.bh,
which publishes video reports taken from state television.31 Website administrators face the same
libel laws that apply to print journalists and are held jointly responsible for all content posted on
their sites or chat rooms.
YouTube, Facebook, Twitter, and international blog-hosting services are freely available.
However, certain Web 2.0 tools are permanently blocked and specific content on social networks
can be inaccessible. For example, since February 2011, most live-broadcasting websites32 that were
popular among protesters have been blocked.33 PalTalk, a chatting service that was used to conduct
political seminars for wide online audiences, has been blocked since June 2011.34 In September
2012, authorities briefly blocked the United Nations broadcast website in anticipation of the
Bahrain Universal Periodic Review session.35 It was unblocked shortly after, following a large
online pressure campaign. A crowdsourcing application implemented by a Bahraini blogger used to
track the locations of flash security checkpoints was blocked a few days after its launch in August
2012.36 Furthermore, all websites displaying the abusive video of Prophet Mohamed were
blocked after an order from the Ministry of Interior in September 2012.37 Although the video was
officially blocked, it remained accessible using certain mobile phone applications.
Following the March 2011 crackdown on protestors, authorities also used extralegal measures to
forcibly remove online content. Through the use of arrests,38 detentions, and torture,39 security
forces coerced many online forum moderators into permanently shutting down their sites.40 This
resulted in the loss of a large amount of information on Bahrains history that had been documented
by online users and made available only through local forums and websites.
31
BanonaudioprogramsondailynewspaperAlWasatswebsite,BahrainCenterforHumanRights,September9,2010,
http://www.bahrainrights.org/en/node/3327.
32
Thesesitesincludebambuser.com,ustream.tv,justin.tv,andotherwebsitesthatstreamdirectlytoTwitterliketwitcasting.tv
andtwitcam.livestream.com.See,AttacksonmediacontinueacrossMiddleEast,CommitteetoProtectJournalists,February
16,2011,http://cpj.org/2011/02/attacksonmediacontinueacrossmiddleeast.php.
33
Despoticregimescontinuetoobstructcoverageofrevolutions,ReportersWithoutBorders,September1,2011,
http://en.rsf.org/bahraindespoticregimescontinueto01092011,40886.html.
34
CrackdowncontinuesinBahrain,BloggersgoontrialinEmirates,ReportersWithoutBorders,June16,2011,
http://en.rsf.org/bahraincrackdowncontinuesinbahrain16062011,40467.html.
35
Bahrain:blockedUNwebsiteafterOralInterventiongivenbyProminentHumanRightsActivistattheHumanRights
Council,BahrainYouthSocietyforHumanRights,September14,2012,http://byshr.org/?p=1170.
36
#Bahrainsblocksthepolicecheckpointsmaptwodaysafterlaunch,BahrainFreedomIndex,accessedMarch19,2013,
http://bahrainindex.tumblr.com/post/30577509879/bahrainsblocksthepolicecheckpointsmaptwodays.
37
InteriorMinisterdirectstospeedworkonblocking,[inArabic],September14,2012,AlWasat,
http://www.alwasatnews.com/3660/news/read/701627/1.html.
38
Nonexhaustivelistofforummoderatorswhoweresubjecttoarrestfoundat:
https://spreadsheets.google.com/pub?hl=en&hl=en&key=0ApabTTYHrcWDdEk0Q0pWYnlSa3JmbS1RbThtUkZrNkE&output=ht
ml;accessedvia:Bahrain:AfterdestructionoftheactualprotestingsiteatthePearl,thegovernmentshiftstoeliminate
virtualprotests,BahrainCenterforHumanRights,May17,2011,http://bahrainrights.hopto.org/en/node/4101.
39
http://globalvoicesonline.org/2011/12/05/bahraintwitteruserjailedfor66daysfortweeting/
40
ModeratoroftheAlDairForumtalksabouthisdetention,sayinghewasforcedtoshowtheinterrogationofficerhowtoclose
thewebsite:AhmedalDairiModeratorofAlDairForumsinthefirstepisodeofhistestimony:thuseasedvoiceofZakaria
AlAsheeriforever[inArabic],BahrainMirror,January4,2012,http://bhmirror.noip.org/article.php?id=2678&cid=117.
BAHRAIN

In Bahrain, websites are filtered based on keyword density, the manual entry of URLs, and certain
website categories. An updated list of blocked websites is regularly sent to ISPs, which are
instructed to prohibit any means that allow access to sites blocked by the ministry.41 Through
notification to the TRA, the IAA can revoke the license of any operator that does not cooperate
with its blocking orders.42 Batelco, Bahrains main ISP, filters the web using McAfee SmartFilter
software and Blue Coat technology.43 In March 2011, plans were announced to switch to
technology from Palo Alto Networks that can block certain elements and activities within websites,
such as video or photo uploading, and make it more difficult for users to circumvent censorship.
The decision-making process and government policies behind the blocking of websites are not
transparent. The list of all blocked websites is not available to the public and the IAA can order the
blocking of a website without referring the case to a court. In addition, webmasters do not receive
notifications or explanations when their websites are banned. When trying to access a blocked site,
users are presented with the message, This web site has been blocked for violating regulations and
laws of Kingdom of Bahrain, with no particular laws specified. Although the law does technically
allow affected individuals to appeal a block within 15 days, no such case has yet been adjudicated.
The government crackdown in March 2011 led many regular internet users to exercise a higher
degree of self-censorship, particularly after investigations of users online activities were launched
at work places and universities.44 Today, the majority of users on Twitter and online forums, and
even those who leave comments on online editions of newspapers, still use pseudonyms over fears
of being targeted by the authorities.45 Many have modified their privacy settings on social media or
protected their Twitter pages. There has been a drop in the level of tweets related to the
#Bahrain hashtag since November 2012, following the prosecution of four internet users.46 Some
Twitter users have even announced that they have been temporarily forced to stop tweeting after
receiving threats to their personal safety.47
While websites that express criticism of the government are blocked, authorities also manipulate
the online content that is accessible in order to fabricate greater public support. Hoax journalists48
linked to public relations (PR) agencies have been employed by the government to spread
41
ReportersWithoutBorders,AuthoritiesStepUpOffensiveAgainstJournalistsandWebsites,newsrelease,May14,2009,
http://en.rsf.org/spip.php?page=article&id_article=33042.
42
ReportersWithoutBorders,AuthoritiesStepUpOffensiveAgainstJournalistsandWebsites,newsrelease,May14,2009,
http://en.rsf.org/spip.php?page=article&id_article=33042.Acopyofthelawcanbeseenon[Arabic]
http://www.legalaffairs.gov.bh/viewpdf.aspx?ID=RCLIF0109
43
PaulSonneandSteveStecklow,U.S.ProductsHelpBlockMideastWeb,WallStreetJournal,March27,2011,
http://online.wsj.com/article/SB10001424052748704438104576219190417124226.html.
44
SimeonKerr,Manamafightsbackincyberspace,FinancialTimes,May23,2011,
http://www.ft.com/intl/cms/s/0/7bce94b8856011e0ae3200144feabdc0.html#axzz1lLZwkuOF.
45
NancyMessieh,Onlineanonymity:Agatewaytofreedomorabuse?TheNextWeb,August14,2011,
http://thenextweb.com/me/2011/08/14/onlineanonymityagatewaytofreedomorabuse/.
46
Seehttp://bahrainindex.tumblr.com/post/41025930298/adropinleveloftweetsonbahrainhashtag
47
Seehttp://bahrainindex.tumblr.com/post/35897159633/bahrainidoctorbahraindoctorthreatenedwitharrest
48
MarcOwenJones,HoaxJournalistLilianeKhalilReturns,ThisTimeasHabibaDalal,MarcOwenJones,(blog),January29,
2012,http://marcowenjones.wordpress.com/2012/01/29/thereturnoflilianekhalil/.
BAHRAIN

propaganda on Twitter and progovernment blogs such as BahrainViews and Bahrain Independent.49
At least one agency was contracted to provide web optimization and blogging services to the
Bahraini government,50 while other PR agencies are known to have been contracted for online
reputation management through the creation of fake blogs and websites.51 Multiple Wikipedia
entries linked to Bahrain were also changed in favor of the government.52 In general, the
independent group Bahrain Watch lists 18 PR firms known to have been hired by the Bahraini
government for various promotional campaigns since February 2011, representing at least $32
million in contracts.53
Similarly, an army of trolls has been active on Twitter54 since February 2011, when hundreds of
accounts suddenly emerged to collectively harass and intimidate online activists,55 commentators,
and journalists who voiced support for protests and human rights.56 International figures and
organizations are also targeted, including Marietje Schaake, a Member of the European Parliament
from the Netherlands.57 The government trolls have been moderately effective in silencing or
reducing the activity of opposition voices inside Bahrain58 and abroad.59 The trolls have also played a
vital role in spreading information that is controversial, offensive, or false,60 in order to distort the
image of protesters, spread hate and conflict, or discredit information posted on social networks.61
These troll accounts usually have few followers (or sometimes none at all) and tend to appear and
disappear in coordination with one another.
49
MarcOwenJones,Busted!JournalistLilianeKhalilExposed,MarcOwenJones,(blog),August2,2011
http://www.marcowenjones.hostbyet2.com/?p=364andMediaJihad:IfYaCan'tBeat'Em,Sue'Em!
http://bahrainipolitics.blogspot.com/2011/06/mediajihadifyoucantbeatemsueem.html#DrMajeedALAlawi,Twitter
post,January2,2012,2:51am,https://twitter.com/#!/DrMajeedAlalawi/status/153790396231716865.
50
Trippi&AssociatesManipulateInternetContentonBehalfofBahrainGovernment,BahrainFreedomIndex(blog),July20,
2011,http://bahrainindex.tumblr.com/post/15188201300/trippiassociatesmanipulateinternetcontenton.
51
MarcusBaram,LobbyistsJumpShipinWakeofMideastUnrest,HuffingtonPost,March25,2011,
http://www.huffingtonpost.com/2011/03/24/lobbyistmideastunrestdepartures_n_840231.html;
52
MarcOwenJones,TruthMassages&theIntelligenceUnknown,MarcOwenJones,(blog),December7,2011
http://www.marcowenjones.hostbyet2.com/?p=401.
53
PRWatchkeepinganeyeontheKingdomsPR,BahrainWatch,http://bahrainwatch.org/pr/.
54
BahrainsTrollArmy,Web3.0Lab(blog),February17,2011,http://web3lab.blogspot.com/2011/02/bahrainstroll
army.html.
55
BrianDooley,TrollAttackson#BahrainTweetsShowDepthofGovernmentAttemptstoSilenceDissent,HuffingtonPost
(blog),November17,2011,http://www.huffingtonpost.com/briandooley/trollattacksonbahrain_b_1099642.html.
56
J.DavidGoodman,TwitterTrollsHauntDiscussionsofBahrainOnline,TheLede(blog),NewYorkTimes,October11,2011,
http://thelede.blogs.nytimes.com/2011/10/11/twittertrollshauntdiscussionsofbahrainonline/.
57
Seehttps://twitter.com/MarietjeD66/status/292223867274022913
58
iManamaa,Twitterpost,May13,2011,7:39am,http://twitter.com/imanamaa/status/69049206215684097;SultanAl
Qassemi,PioneerBloggersintheGulfArabStates,Jadaliyya,December20,2011,
http://www.jadaliyya.com/pages/index/3643/pioneerbloggersinthegulfarabstates;DisturbingDropinTweetingin
Bahrain,Web3.0Lab(blog),March22,2011,http://web3lab.blogspot.com/2011/03/disturbingdropintweetingin
bahrain.html.
59
JillianYork,TwitterTrollingasPropagandaTactic:BahrainandSyria,JillianCYork.com(blog),December10,2011,
http://jilliancyork.com/2011/10/12/twittertrollingaspropagandatacticbahrainandsyria/.
60
MarcOwenJones,SoManyTrollsbutsoFewLeaders:TheInformationWarinBahrain,MarcOwenJones(blog),March14,
2011http://www.marcowenjones.hostbyet2.com/?p=176.
61
DavidWheeler,IntheArabSpringsWake,TwitterTrollsandFacebookSpies,TheChronicleofHigherEducation,November
29,2011,http://chronicle.com/blogs/planet/2011/11/29/inthearabspringswaketwittertrollsandfacebookspies/.
BAHRAIN

Despite these numerous attempts to manipulate the online information landscape, government
restrictions on online advertising have not forced the closure of any opposition websites. While it is
difficult for government-blocked websites to secure advertising, popular sites such as
bahrainonline.org have not faced significant financial pressures. This is due to the fact that most
Bahraini opposition websites are run with limited and sometimes personal resources. Furthermore,
the websites continue to receive large amounts of traffic from users within Bahrain through the use
of proxy services, dynamic IP addresses, and virtual private network (VPN) applications. However,
the government does regularly block access to circumvention tools, including techniques such as
using Google Page Translate, Google cached pages, and online mobile emulators. Adaptive and
internet savvy Bahrainis tend to find ways around these restrictions.
Bahrains online community has grown rapidly in recent years, especially in social media. The
number of Bahraini users on Facebook reached 377,620 as of March 2013, representing a
penetration rate of 51.2 percent,62 and there are more than 3,500 local entities (both government
and civil society) with a Facebook page.63 Around 72,468 Bahraini users were active on Twitter as
of June 2012.64 Despite the recent drop in activity, the #bahrain hashtag consistently remains one
of the most popular topics on Twitter across the Arab region.65
Given restrictions on press freedom, the lack of international media coverage, and the inability of
many prominent journalists to enter the country,66 activists have turned to the internet to continue
to bring attention to ongoing protests and human rights violations in Bahrain.67 Indeed, the internet
is also the main source of information and news for many Bahrainis, particularly those active on
Twitter. The resilient social protest movement titled the Coalition of February 14 Youth
continues to use social networks such as Facebook and Twitter68 to organize different forms of
protests.69 YouTube videos are uploaded to document police attacks on civilians and torture
testimonies,70 though many are promptly blocked.71 Overall, by uploading videos and sharing
62
BahrainFacebookStatistics,Socialbakers,accessedMarch6,2013,http://www.socialbakers.com/facebook
statistics/bahrain.
63
Topreventitsuseinthebuilduptotheissuesrelatedtopublicaffairs,Bahrainisconsideringthelegalizationoftheuseof
FacebooksimilartoArabcountries[inArabic],AlwasatNews,February4,2011,
64
DubaiSchoolofGovernment,MappingTwitter:TwitterUsers,ArabSocialMediaReport,Issue4,July2012,
http://www.dsg.ae/en/Publication/Pdf_En/826201211212209347849.pdf
65
DubaiSchoolofGovernment,TwitterintheArabRegion,ArabSocialMediaReport,accessedSeptember4,2013,
http://www.arabsocialmediareport.com/Twitter/LineChart.aspx?&PriMenuID=18&CatID=25&mnu=Cat.
66
AccessDenied,aprojectoftheindependentresearchandadvocacyorganizationBahrainWatch,chroniclesthemany
journalists,researchers,academics,andNGOworkersthatwereexpelledfromordeniedaccesstoBahrainfromthe2011
uprisinguntilnow.Availableat:http://bahrainwatch.org/access/.
67
AmiraalHussaini,Bahrain:TweetingAppallingConditionsatJawPrison,GlobalVoices,July19,2013,
http://globalvoicesonline.org/2012/07/19/bahraintweetingappallingconditionsatjawprison/.
68
Seehttps://twitter.com/COALITION14
69
TobyC.JonesandAlaaShehabi,Bahrainsrevolutionaries,ForeignPolicy,January2,2012,
http://mideast.foreignpolicy.com/posts/2012/01/02/bahrains_revolutionariesandDemonstrationNotice3January17,
2013,U.S.EmbassyBahrain,January17,2013,http://photos.state.gov/libraries/adana/5/2013PDFfiles/CONS
DemonstrationNotice313.pdf.
70
BlockingtheDocumentarySystematicTortureinBahrainonYouTube,BahrainCenterforHumanRights,February8,2011,
http://bahrainrights.hopto.org/en/node/3710.
71
JillianYork,BahrainBlocksYouTubePagesandMore,GlobalVoices,February14,2011,
http://advocacy.globalvoicesonline.org/2011/02/14/bahrainblocksyoutubepagesandmore/.
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images on social media, protesters have maintained the spotlight on their struggle and in some cases
succeeded in placing pressure on the government.72
For example, in December 2012, a video of a police officer slapping a man in the course of an
identity check went viral with over 200,000 views within 24 hours, receiving international
attention and mainstream media coverage. Acting upon international pressure, Bahraini authorities
announced that the policeman was arrested. Nonetheless, many observers were skeptical about the
sincerity of the governments intentions and whether any disciplinary action would be taken against
the officer.73 In the end, he was handed a two-month sentence in June 2013.74 The victim in the
video also revealed that he was questioned by police authorities about the identity of the
cameraman who took the video.75

While censorship has remained somewhat stable since the post-uprising crackdown in 2011, the
past year has witnessed an increase in violations of user rights. In particular, authorities have
stepped up arrests of Twitter users for expressing criticism of the government. Also increasing is
the practice of targeting activists with surveillance malware in order to monitor their online
activities and collect personal information. The legal environment remains an impediment to
freedom online, although authorities also make use of extralegal measures such as arbitrary
detention and torture to intimidate and prosecute users. Bahraini authorities have continuously
called for more restrictions on internet freedom in recent years.
Bahrains legal environment presents many obstacles to internet freedom in its current form.
According to Article 23 of the Bahraini constitution, freedom of expression is guaranteed,
provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people
is not prejudiced, and discord or sectarianism is not aroused.76 Article 26 states that all written,
telephonic, and electronic communications shall not be censored or their confidentiality be
breached except in exigencies specified by law and in accordance with procedures and under
guarantees prescribed by the law.77 Similarly, the Press and Publications Law of 2002 promises
free access to information without prejudice to the requirements of national security and
defending the homeland. Bahraini journalists have argued that these qualifying statements and
loosely-worded clauses allow for arbitrary interpretation and, in practice, the negation of the many
72
MarcOwenJones,ViralJustice:TheMOIsContinuedFailuretoHoldPoliceAccountableDespiteEvidence,BlogbyMarc
OwenJones,December11,2012,http://marcowenjones.wordpress.com/2012/12/11/socialmediaviraljusticethemois
continuedfailuretoholdpoliceaccountabledespiteevidence/
73
Bahrain:policeslapvideogoesviral,France24,January3,2013,http://www.france24.com/en/2012122720121227
2049wbenwebnews?page=11.
74
Officerissenttoprisonforslappingman,GulfDailyNews,June20,2013,http://www.gulfdaily
news.com/NewsDetails.aspx?storyid=355704.
75
MalikAbdullah,AlmcefuaHaiderRasool,[inArabic]AlWasat,January5,2013,
76
ConstitutionoftheKingdomofBahrain,availableathttp://www.shura.bh/en/InformationCenter/Pages/Documents.aspx.
77
ConstitutionoftheKingdomofBahrain,availableathttp://www.shura.bh/en/InformationCenter/Pages/Documents.aspx.
BAHRAIN

rights they seek to uphold.78 In addition, there is no law that defines clear penalties for violating the
privacy of internet users, a concern shared by many bloggers who believe the absence of a law
allows for greater abuse.79
The numerous proposals that are currently under review signal a negative trend in the countrys
legal environment. In September 2011, the Chief of Public Security issued a statement declaring
that the mere fact of posting instigative calls is a penal crime punishable by the law, even if those
calls are made through social networks and internet websites.80 Bahrain's Minister of State for
Information Affairs announced in June 2012 that the government is preparing to introduce tough
new laws to combat the "misuse" of social media.81 The Interior Ministry also stated that it would
crack down on offences and smear campaigns targeting national and public figures on social media
networks.82 These were followed by an October 2012 announcement that the Ministry of Justice
will seek to enact further legislation to restrict the use of social networks, the internet, and mobile
technologies.83 These calls were linked to the spread of information online about the identities of
security officers involved in human rights violations.84 As of April 2013, no law had been officially
proposed or issued. A proposed cybercrimes law that criminalizes unauthorized access to computer
systems has been under review since 2005 and is scheduledto be discussed by the Council of
Representatives during the current term of the lower house of parliament. The bill was approved
by the Shura Council, or upper house, in June 2012.85
Censorship of online media is currently implemented under the 2002 Press and Publications Law86
and was extended to mobile telephones in 2010.87 The law allows for prison sentences of at least
six months (and up to five years for repeat offenders) for publishing material that criticizes Islam,
its followers, or the king, as well as content that instigates violent crimes or the overthrow of the
78
Bahrain,inMediaSustainabilityIndex2008(Washington,DC:IREX,2009),
http://irex.org/programs/MSI_MENA/2008/MSIMENA_bahrain.asp.
79
AlialMoussawi,OntheoccasionoftheWorldDaytocombatelectronicsurveillance,[inArabic],AlWasat,March12,
2012,http://www.alwasatnews.com/3474/news/read/642338/1.html.
80
PublicSecurity/Statement,BahrainNewsAgency,September21,2011,http://www.bna.bh/portal/en/news/473522.
81
MattJ.Duffy,Bahrainshouldntpassnewlawstoregulatesocialmedia,GulfNews,June26,2012,
http://gulfnews.com/opinions/editorials/bahrainshouldntpassnewlawstoregulatesocialmedia1.1040382.
82
HabibToumi,Ministrypledgescyberdefamationcrackdown,GulfNews,September10,2012,
http://gulfnews.com/news/gulf/bahrain/ministrypledgescyberdefamationcrackdown1.1072373.
83
MariamAhmed,JusticeMinisterdeclares:anewlawtoaddressthemisuseofnetworking,[translated]AkhbaralKhaleej,
October10,2012,http://www.akhbaralkhaleej.com/12619/article/54540.html.
84
MinisterofJusticeUsesCoerciveForceagainstPreachersandLoomsFurtherProceduresthatAffectFreedomofExpression,
BahrainCenterforHumanRights,October17,2012,http://www.bahrainrights.org/en/node/5476.
85
CybercrimesandmoneylaunderingatthecommitteetableAlwatanNews[inArabic],October14,2012
http://alwatannews.net/NewsViewer.aspx?ID=mzj733337WsnRK6ipKD7V9T833338SEg933339933339
86
Forcaseswheretheauthoritieshaveusedthe2002presslawtocensoronlinewebsites,seeWebsiteaccusedofviolating
presscode,BCHRconcernedthatmoveisaimedatsilencingcriticalvoices,BahrainCenterforHumanRights,October1,2008,
http://www.bahrainrights.org/en/node/2446andClosingablowtofreedomofopinionandeexpression,[Arabic]AlWasat,
April25,2010,http://www.alwasatnews.com/2920/news/read/472942/1.htmlandBlockingusersTwittercausedbya
violationoftheCopyrightAct,[Arabic]AlWasat,January3,2010,
87
HabibToumi,BahrainimposesblackoutonBlackBerrynewssharing,habibtoumi.com(blog),April8,2010,
http://www.habibtoumi.com/2010/04/08/bahrainimposesblackoutonblackberrynewssharing/.
BAHRAIN

government.88 In addition, the 2002 Telecommunications Law contains penalties for several online
practices such as the transmission of messages that are offensive to public policy or morals.89
However, sentences can be longer if more severe penalties are called for by the penal code or
terrorism laws. For instance, under the penal code, any user who deliberately disseminates a false
statement that may be damaging to national security or public order can be imprisoned for up to
two years.90 The government has used these vague clauses to question and prosecute several
bloggers and online commentators.
After the March 2011 crackdown on street protesters, the government conducted a mass arrest
campaign of online activists and bloggers. More than 20 online activists were arrested and held for
periods ranging from a few days to several months.91 Arrests and prosecutions continued
throughout 2012 and early 2013. Collectively, more than 47 months of prison sentences were
passed on to eight Bahraini users in cases directly related to online posts between May 2012 and
April 2013. As photos and videos of police brutality continue to emerge online, more measures are
being taken against citizens who are seen holding cameras (including smart phones) in areas of
protest. In November 2012, a Saudi blogger said she was told on two separate occasions to delete
photos of protests and anti-government graffiti she had taken with her smartphone.92 Bloggers,
moderators, and online activists are systematically detained and prosecuted by authorities for
expressing views the government regards as controversial.
One of Bahrains most prominent human rights defenders, Nabeel Rajab, has been subject to
repeated arrests and interrogations for publicly criticizing government figures. Rajab is the
president of the Bahrain Center for Human Rights, a non-governmental organization that remains
active despite a 2004 government order to close it.93 He was first arrested on May 5, 2012 and held
for over three weeks for insulting a statutory body in relation to a criticism directed at the
Ministry of Interior over Twitter.94 On June 9, 2012, he was arrested again after tweeting about
the unpopularity of the Prime Minister (also a member of the royal family) in the city of AlMuharraq, following the sheikhs visit there.95 A group of citizens from the city promptly sued
Rajab for libel in a show of obedience to the royal family. On June 28, 2012, he was convicted of
88
PressandPublicationsLawof2002oftheKingdomofBahrain(No.47of2002).Acopycanbefoundat:
http://www.legalaffairs.gov.bh/viewhtm.aspx?ID=L4702orhttp://www.iaa.bh/policiesPressrules.aspx.
89
TelecommunicationsLawoftheKingdomofBahrain,http://www.tra.org.bh/en/pdf/Telecom_Law_final.pdf.
90
BahrainPenalcode,1976,article168,http://bahrainrights.hopto.org/BCHR/wpcontent/uploads/2010/12/BahrainPenal
Code.doc.
91
ListofarrestedBahrainijournalists:
https://docs.google.com/spreadsheet/ccc?key=0ApabTTYHrcWDdFZocWpBRlp6ell6RkNWeGh5YXAtUFE#gid=0,accessedvia
bahrainrights.org.
92
RanaJarbou,Athousandweapons,RanaJarbou,November15,2012,http://ranajarbou.blogspot.com/2012/11/a
thousandweapons.html.
93
AboutBCHR,BahrainCenterforHumanRights,http://www.bahrainrights.org/en/about.
94
NabeelRajabgrantedbailbutnotreleased,BahrainCenterforHumanRights,May19,2012,
http://www.bahrainrights.org/en/node/5256.
95
AddressingthePrimeMinister,Rajabtweeted:Khalifa:LeavethealMuharraqalleyways,theirsheikhsandtheirelderly,
everyoneknowsthatyouhavenopopularitythere;andifitwasnotfortheirneedformoneytheywouldnothavecomeoutto
welcomeyouwhenwillyoubowout?Bahrain:CallforimmediatereleaseofactivistNabeelRajab,jailedfortweet,
AmnestyInternational,July11,2012,https://www.amnesty.org.uk/news_details.asp?NewsID=20223and
BAHRAIN

charges related to his first arrest and ordered to pay a fine of 300 Bahraini dinars ($800).96 Shortly
after he was released on bail, he was re-arrested on July 9, 2012 after a court sentenced him to
three months imprisonment for the Al-Muharraq incident. The court of appeals later acquitted
Rajab, although he had already served most of his sentence.97 However, he is currently serving a
two-year sentence for calling for illegal gatherings over social networks.98 Rajab, who tweets
under the name @NabeelRajab, was ranked the most connected Twitter user in Bahrain
according to a survey, with over 150,000 followers at the time of his arrest in May 2012.99 He
continues to issue calls to protest over Twitter, even from prison.100 By May 2013, Rajabs
followers had reached 206,075 and the tweet that led to his arrest had been retweeted at least
2,000 times.101
In another case, a 19-year-old blogger was sentenced to two years imprisonment for reportedly
posting abusive comments about the Prophet Mohameds wife Aisha on a Bahraini online forum in
June 2012.102 That month another blogger, Mohamed Hasan, was interrogated by police authorities
for writing for websites and newspapers without a license, protesting, and tweeting,103 although
there is no law in Bahrain that requires a license for blogging. A few days earlier, one of his tweets
had appeared on the Al-Jazeera television show The Stream.104 No further legal action has yet
been taken against Hasan.
In August 2012, the 21-year-old blogger Shaheen Al-Junaid was summoned by police authorities
for tweeting about an attack by members of the royal family on a Bahraini citizen who worked for
their cousin. The employee was beaten after he refused the royal family members entry onto their
cousins premises, which his employer had instructed him to do following a dispute between the
family members.105 The summons was later cancelled.106
Four Twitter users were arrested and had their electronic devices confiscated after their houses
were raided on the night of October 16, 2012. Abdullah Alhashemi, Salman Darwish, Ali
96
BAHRAIN:ArrestofMr.NabeelRajab,fidh,July22,2012,http://www.fidh.org/BAHRAINArrestofMrNabeelRajab.
SaraYasin,BahrainactivistacquittedofTwitterchargesbutremainsinprison,IndexonCensorship,
http://www.indexoncensorship.org/2012/08/bahrainiactivistacquittedoftwitterchargesbutremainsinprison/
98
Updates:Bahrain,emboldenedbyinternationalsilence,sentencesNabeelRajabto3yearsimprisonment,BahrainCenter
forHumanRights,August20,2012,http://www.bahrainrights.org/en/node/5387.
99
HowtheMiddleEastTweets:BahrainsMostConnected,Wamda,December3,2012,
http://www.wamda.com/2012/12/howthemiddleeasttweetsbahrainsmostconnectedreport.
100
BitterprotestsinBahrain,Movements.org,January28,2013,http://www.movements.org/blog/entry/bitterprotestsin
bahrain/.
101
Khalifa:LeavethealMuharraqalleyways,theirshaikhsandtheirelderly,everyoneknowsthatyouhavenopopularity
there;andifitwasnotfortheirneedformoneytheywouldnothavecomeouttowelcomeyouWhenwillyoubowout?
https://twitter.com/nabeelrajab/status/208853736494350336.
102
BahrainbloggerchargedwithblasphemingIslam,BahrainFreedomIndex,2012,accessedSeptember4,2013,
http://bahrainindex.tumblr.com/post/25638178036/bahrainbloggerchargedwithblasphemingislam.
103
Seehttps://twitter.com/safybh/status/210005542406598657(@safybh)
104
Bahrainblogger@safybhinterrogatedabouthisgoodnighttweets,BahrainFreedomIndex,2012,accessedSeptember4,
2013,http://bahrainindex.tumblr.com/post/25638691193/bahrainibloggersafybhinterrogatedabouthis.
105
InvestigationwithShaheenJunaidforvictorymarginaloffendedbymembersoftherulingfamily,ManamaVoice,August
11,2012,http://manamavoice.com/newsnews_read102740.html.
106
CancelcalltoexposetheassaultonacitizenbytheKingscousins,[inArabic]BahrainMirror,December8,2012,
http://www.bahrainmirror.com/article.php?id=5434&cid=73.
97
BAHRAIN

Mohamed Watheqi, and Ali Alhayki, who are not known public figures, were charged with
insulting the king of Bahrain over Twitter. In November 2012, they received sentences ranging
from one to six months.107 At least one of the men has revealed that he was coerced into making a
forced confession.108
On December 11, 2012, a fifth Twitter user received a four-month sentence for the same
charge.109 According to activists, the identities of these anonymous users were discovered using a
technique known as spear phishing, in which surveillance software was secretly embedded in
seemingly innocent private messages to the users, enabling the hackers to remotely access the
victims computers.110 One of those arrested was a progovernment Twitter user who had criticized
the king for not being harsh enough in punishing protestors.111
Another wave of arrests took place on March 11 and 12, 2013, when six users, including one
lawyer and one minor, were detained over charges of defaming the king over social media.112 None
of the users had a large base of followers; instead, it seemed that the authorities selected them in
order to instill fear locally without provoking criticism from the international community.
After months of living in hiding, award-winning photographer Ahmed Humaidan was arrested by
15 undercover policemen on December 29, 2012. Humaidan was accused of participating in an
attack on a police station in the district of Sitra,113 though it is believed that his arrest is in fact due
to him photographing protests.114 Following his arrest, Humaidan was interrogated, blindfolded for
two days, and placed in solitary confinement for a week115 at the General Directorate of Criminal
Investigation while being denied access to a lawyer.116 He was subject to psychological torture and
made to believe that a bomb had been placed in his hand that would imminently detonate if he did
not produce a confession.117 Humaidan has been one of many photographers documenting the
107
Bahrain:Twitteruserssentencedtoprisonasauthoritiesseektoextendtheircrackdownonsocialmediawebsites,
BahrainCenterforHumanRights,November8,2012,http://www.bahrainrights.org/en/node/5507.
108
Seehttp://twitter.com/freedomprayers/status/261928988274991104.
109
4monthsinprisonaccusedofinsultingthekingviaTwitter[inArabic],AlWasat,December12,2012,
110
Bahrain:Howtheidentitiesofthetweepsweretracked,BahrainFreedomIndex(Tumblr),accessedDecember2012,
http://bahrainindex.tumblr.com/post/35839544837/bahrainhowtheidentitiesofthetweepsweretracked.
111
Seehttps://twitter.com/freedomprayers/status/258927207286722560and
https://twitter.com/jehadabdulla/status/257445077457190912.
112
Thedetaineesinclude17yearoldAliFaisalAlShufa,33yearoldHassanAbdaliIsa,26yearoldMohsenAbdaliIsa,36year
oldAmmarMakkiMohammedAlAali,34yearoldMahmoodAbdulMajeedAbdullaAlJamri,and25yearoldMahdiEbrahim
AlBasri.SeeBahrain:TheAuthoritiesCelebratetheWorldDayagainstCybercensorshipbyArresting6TwitterUsers,Bahrain
YouthSocietyForHumanRights,March12,2013,http://byshr.org/?p=1324.
113
PublicProsecution/Statement,BahrainNewsAgency,January5,2013,http://www.bna.bh/portal/en/news/540555.
114
Bahrainarrestsphotographerwhodocumenteddissent,CommitteetoProjectJournalists,January9,2013,
http://www.cpj.org/2013/01/bahrainarrestphotographerwhodocumenteddissent.php.
115
Seehttps://twitter.com/BHRS2001/status/287932501744304128.
116
Seehttps://twitter.com/BHRS2001/status/287924826797125634.
117
FakebombinthehandsofphotographerHumaidaninordertoextractconfessions[inArabic],BahrainMirror,January12,
2013,http://www.bahrainmirror.com/article.php?id=7363&cid=73.
BAHRAIN

protests through social media websites such as Flickr and Instagram.118 He was reportedly
sentenced to three years in prison on June 18, 2013.119
The Bahraini authorities are remarkably responsive when enforcing the countrys tight online
restrictions. Human rights activist Said Yousif Al-Muhafdha (@SaidYousif) was arrested only 23
minutes after a photo of a protesters shotgun injury was posted on his Twitter account. The photo
identified the injury as having taken place that same day in Manama, though in reality it was taken
several days earlier.120 Al-Muhafdha was indeed monitoring a protest in Manama prior to his arrest,
tweeting media and information about attacks on the demonstrators by the police; however, he has
denied publishing that particular picture. He was charged under Article 168 of the Penal Code with
willfully disseminating false news that resulted in protests and riots that disrupted security and
order on the same day.121 He was detained for one month before being released on bail, pending a
trial. On March 11, 2013 the court acquitted him of the charges, stating there was no proof of [a]
connection between the riots and the picture he had posted.122 However, the public prosecution
has appealed against the acquittal and a second trial will start on July 1, 2013, in which AlMuhafdha could face a prison sentence.123
In January 2013, the higher court of cassation upheld a series of harsh sentences originally passed by
a military court in June 2011, in which two bloggers were charged with possessing links to a
terrorist organization aiming to overthrow the government.124 They were also accused of
disseminating false news and inciting protests against the government. The two users, Abduljalil alSingace and Ali Abdulemam, had already been detained for six months between September 2010
and February 2011. According to their own court testimonies125 and media interviews, both were
also subject to torture while held.126 Al-Singace, a prominent human rights defender, has been held
in detention since March 17, 2011 and his blog has been blocked since February 2009.127 He was
sentenced to life imprisonment for plotting to topple the government in late 2011 and remains in
prison.128 He was not allowed to testify before the court until his appeal, when he revealed that he
118
See:http://instagram.com/ahmedhumaidan/,http://www.flickr.com/photos/86494560@N05,and
http://500px.com/AhmedHumaidan.
119
Seehttps://twitter.com/FreedomPrayers/status/349607068916924416.
120
Bahrain:Lightspeedinvestigationleadstoarrestofatweep23minutesaftersendinghiscriminaltweet!Manama
(Blogspot),December22,2012,http://manamacoac.blogspot.com/2012/12/bahrainlightspeedinvestigationleads.html.
121
Bahrain:ChargesAgainstRightsDefenderRaiseConcerns,HumanRightsWatch,January3,2012,
http://www.hrw.org/news/2013/01/03/bahrainchargesagainstrightsdefenderraiseconcerns.
122
ActivistclearedofTwitterpost,GulfDailyNews,March12,2013,http://www.gulfdaily
123
'PublicProsecution'appealsagainsttheacquittalofAlMuhafdhainthefalsenewsbroadcast,Alwasatnews,April13,
2013,http://www.alwasatnews.com/3871/news/read/763690/1.html
124
DetainedbloggerAbduljalilAlSingaceonhungerstrike,ReportersWithoutBorders,September6,2011,
http://en.rsf.org/bahrainonebloggersentencedtolife22062011,40507.html.125TerroristnetworkfirsthearingTrial
Testimonies28thOctober,2010,BahrainCenterforHumanRights,October29,2010,
http://bahrainrights.hopto.org/en/node/3540.
125
TerroristnetworkfirsthearingTrialTestimonies28thOctober,2010,BahrainCenterforHumanRights,October29,
2010,http://bahrainrights.hopto.org/en/node/3540.
126
AliAbdulemamdescribesthewayhewastortured(minute09:37),People&PowerBahrain:Fightingforchange,Al
JazeeraEnglish,March9,2011,http://www.youtube.com/watch?v=IZdyiKZ5Do.
127
http://www.bahrainrights.org/en/node/2752.Alsingacesblogishttp://alsingace.katib.org.
128
Bahrainupholdslengthyprisontermsforjournalists,CommitteetoProtectJournalists,September28,2011,
http://cpj.org/2011/09/bahrain1.php.
BAHRAIN

had been subject to torture.129 Ali Abdulemam, the owner of Bahrains most popular online forum,
Bahrainonline.org, had been in hiding since March 17, 2011 during which time he was sentenced
(in absentia) to 15 years of prison.130 However, he suddenly re-emerged in May 2013, having
escaped Bahrain to the United Kingdom through Saudi Arabia, Kuwait, and Iraq.131
Five policemen were put on trial for the death of the online journalist and moderator of the Al-Dair
online forum, Zakaryia Al-Ashiri, who died from torture while in police custody on April 9,
2011.132 However, after a lengthy trial that lasted from January 2012 until March 2013, the court
acquitted all of those accused, furthering the widely held belief that members of Bahrains security
apparatus enjoy impunity for crimes against protestors.133
Students and employees have received disciplinary action for comments they have communicated
via private text messages and social media. In May 2012, a student of the University of Bahrain was
suspended for a semester after writing phrases that insult His Majesty the King on her mobile
phone and sending them to her colleagues. She was reported to the university management by one
of the recipients of her message.134
Given that users can be prosecuted for being identified with an offending post or text, many users
are concerned about restrictions on using ICT tools anonymously. The TRA requires users to
obtain licenses to use Wi-Fi and WiMAX connections,135 and the government prohibits the sale or
use of unregistered (anonymous) prepaid mobile phones. The countrys cybercafes are also subject
to increasing surveillance. Oversight of their operations is coordinated by a commission consisting
of members from four ministries, who work to ensure strict compliance with rules that prohibit
access for minors and require that all computer terminals are fully visible to observers.136
Since March 2009, the TRA has mandated that all telecommunications companies must keep a
record of customers phone calls, e-mails, and website visits for up to three years. The companies
are also obliged to provide the security services access to subscriber data upon request.137 Since the
application of National Safety Status (emergency law) in March 2011, citizens have been forced to
129
ThefulltestimonyofDrAbduljalilAlSingacebeforethehighercourtofappealon29May2012(Arabic)
http://bahrainrights.hopto.org/BCHR/wpcontent/uploads/2012/06/AJ.docx.
131
PeterBeaumont,BahrainOnlinefounderAliAbdulemambreakssilenceafterescapetoUK,TheGuardian,May10,2013,
http://www.guardian.co.uk/world/2013/may/10/bahrainonlinealiabdulemamescape.
131
PeterBeaumont,BahrainOnlinefounderAliAbdulemambreakssilenceafterescapetoUK,TheGuardian,May10,2013,
http://www.guardian.co.uk/world/2013/may/10/bahrainonlinealiabdulemamescape.
132
ZakariyaRashidHassanalAshiri,CommitteetoProtectJournalists,April9,2011,http://cpj.org/killed/2011/zakariya
rashidhassanalashiri.php.
133
Afterayearlongshowtrial:nooneisfoundguiltyforkillingbloggerundertortureinpolicecustody,BahrainCenterfor
HumanRights,March13,2013,http://www.bahrainrights.org/en/node/5673.
134
BrianDooley,BahrainStudentSuspendedforPhoneMessage,HumanRightsFirst,June4,2012,
http://www.humanrightsfirst.org/2012/06/04/bahrainstudentsuspendedforphonemessage/.
135
GeoffreyBew,TechnologyBillRapped,GulfDailyNews,July20,2006,http://www.gulfdaily
136
ReportersWithoutBorders,CountriesUnderSurveillance:Bahrain.
137
BigBrotherMoveRapped,GeoffreyBew,GulfDailyNews,March25,2009,http://www.gulfdaily
BAHRAIN

allow security personnel to search their mobile phones at checkpoints. Recent instances of this
behaviour continue to be documented on YouTube.138
In May 2011, new units were created within the IAA to monitor social media and foreign news
websites. According to the IAAs director of publishing, the initiative aims to further help project
the kingdoms achievements and respond to false information that some channels broadcast.139
Although Bahraini cyberspace is highly monitored, no actions have been taken against the dozens of
progovernment users who continue to spread online threats against activists.140 Some of these users
have publically defamed citizens by using social media to identify the faces of protestors and
circulate lists of traitors.141 It is common for users tied to the opposition movement to receive
these types of extralegal attacks in a bid to disrupt their activities.
In July 2012, researchers discovered malicious software concealed in seemingly innocent emails
sent to Bahraini activists in April and May 2012. The surveillance software, named FinFisher, is
developed by the Munich-based Gamma International GmbH and distributed by its U.K. affiliate,
Gamma Group. One aspect of the software, FinSpy, can remotely and secretly take control of a
computer, taking screen shots, intercepting Voice-over-Internet-Protocol (VoIP) calls, and
transmitting a record of every keystroke.142 The company has denied that it has sold its products to
the Bahraini government, claiming that the version of FinSpy deployed on activists was old and for
demonstration purposes only. However, evidence compiled by internet watch groups shows that a
newer version of the FinSpy software is also in use in Bahrain, suggesting the government is
receiving paid updates from the company.143 Since 2010, evidence has also emerged surrounding
the use of spy gear maintained by Nokia Siemens Networks (NSN) and its divested unit, Trovicor
GmbH, to monitor and record phone calls and text messages.144
Cyberattacks against both opposition and progovernment pages, as well as other websites, are
common in Bahrain. For example, in June 2012 a Facebook news page that belongs to opposition
138
Seevideo:http://bahrainindex.tumblr.com/post/39738010314/policemancheckingtheprivatemobilecontentofa.
AndySambridge,Bahrainsetsupnewunitstomonitormediaoutput,ArabianBusiness,May18,2011,
http://www.arabianbusiness.com/bahrainsetsupnewunitsmonitormediaoutput400867.html?parentID=401071.
140
Bahrain:DeaththreatsagainstMessrs.MohammedAlMaskati,NabeelRajabandYousefAlMahafdha,World
OrganizationAgainstTorture,December7,2011,http://www.omct.org/humanrightsdefenders/urgent
interventions/bahrain/2011/12/d21549/.
141
Seehttps://twitter.com/Jalad_Almajoos/status/292638655217020929.Forawelldocumentedaccountofthedefamationof
oppositionactivists,pleaserefertoMahmoudCherifBassiounietal.,ReportoftheBahrainIndependentCommissionof
Inquiry,BahrainIndependentCommissionofInquiry(BICI),November23,2011,paragraph1597,
http://files.bici.org.bh/BICIreportEN.pdf.
142
VernonSilver,CyberAttacksonActivistsTracedtoFinFisherSpywareofGamma,Bloomberg,July25,2012,
http://www.bloomberg.com/news/20120725/cyberattacksonactiviststracedtofinfisherspywareofgamma.htmland
FromBahrainWithLove:FinFishersSpyKitExposed,CitizenLab,July25,2012,http://citizenlab.org/2012/07/frombahrain
withlovefinfishersspykitexposed/.
143
YouOnlyClickTwice:FinFishersGlobalProliferation,CitizenLab,May13,2013,https://citizenlab.org/2013/03/youonly
clicktwicefinfishersglobalproliferation2/.
144
VernonSilverandBenElgin,TortureinBahrainBecomesRoutineWithHelpFromNokiaSiemens,Bloomberg,August22,
2011,http://www.bloomberg.com/news/20110822/tortureinbahrainbecomesroutinewithhelpfromnokiasiemens
networking.html.
139
BAHRAIN

activists was taken over by a progovernment group.145 Similarly, a progovernment website,
b4bh.com, was hacked in August 2012 for the second time by opposition activists.146 Governmentassociated websites are frequently targeted with distributed denial of service (DDoS) attacks, with
the most recent instance occurring on May 17, 2012 following the arrest of activist Nabeel Rajab.
The main perpetrator of such attacks has been the group Anonymous, which launched Operation
Bahrain through a press release published on February 17, 2011.147
145
SeeBahrainforums.com,June8,2012,https://bahrainforums.com/vb/%E5%E4%C7
%C7%E1%C8%CD%D1%ED%E4/978431.htm.
146OpponenetsofBahraininfiltratelocationsbelongingtothegovernment,[inArabic],Jurnaljazira.com,August11,2012,
http://www.jurnaljazira.com/news.php?action=view&id=4834.
147
AnonymoushitsBahrainafterarrestofhumanrightsactivistNabeelRajab,Examiner,May5,2012,
http://www.examiner.com/article/anonymoushitsbahrainafterarrestofhumanrightsactivistnabeelrajab.
BAHRAIN
BANGLADESH
2012
2013
PARTLY
N/A
FREE

n/a
n/a
n/a
n/a
Total (0-100)
13
12
24
49


Secularist blogger Ahmed Rajib Haider was murdered after calling for and promoting
protests against a convicted Islamist war criminal online (see VIOLATIONS OF USER
RIGHTS).
Police charged four bloggers with harming religious sentiment under the ICT Act
2006 (see VIOLATIONS OF USER RIGHTS).
Regulators blocked YouTube for nine months after the anti-Islamic Innocence of
Muslims video sparked widespread criticism in September 2012; not all ISPs
complied (see LIMITS ON CONTENT).
BANGLADESH

INTRODUCTION
As an emerging economy, Bangladesh has recognized information communication technologies
(ICTs) as core tools for development. Even with new media still a comparatively recent
phenomenon, however, officials have sought to control and censor online contentparticularly as
the internet took center stage in major social and political events in 2012 and 2013.
Since opening up the countrys electronic media to the private sector in the early 1990s, the
government has, at least officially, encouraged open internet access and communication. The ruling
Bangladesh Awami League under Prime Minister Sheikh Hasina is working towards a knowledge
based networked society under the Digital Bangladesh by 2021 program launched in 2009.1 The
program seeks to integrate internet access with development efforts in national priority areas, such
as education, healthcare, and agriculture. Private commercial stakeholders have also helped in the
proliferation of net usage. Bangladesh further benefits from a vibrantthough often partisan
print and audio-visual media industry, but traditional journalists face physical threats and regulatory
constraints that are increasingly being replicated online.
Religious sentiments and ICTs were both subject to manipulation, which led to major violations to
internet freedom during the coverage period of this report. Authorities seemed ill-prepared at both
policy and regulatory levels for the turbulent political developments and used a combination of
punitive laws and ad hoc directives to curb expression on the internet, even while failing to offer
adequate protection to individuals and websites under threat for their online activities. Police
arrested four bloggers on the charge of harming religious sentiment, and regulators shut down their
blogs without a court order. YouTube was inaccessible for nine months after the government
blocked it in response to anti-Islamic content posted in 2012.
In October 2012, journalists traced attacks targeting Buddhist neighborhoods in the southeastern
district of Ramu to a Buddhists Facebook profile apparently altered to display anti-Islamic images
and incite local Muslims to retaliate; its not clear who was responsible for the alleged
manipulation.2 In February 2013, domestic tensions escalated when a war crimes tribunal
sentenced Abdul Quader Mollah, leader of the countrys largest political Islamic party Jamaat-eIslami, to life imprisonment for crimes committed during the countrys 1971 war of independence
with Pakistan, including mass murder and rape.3 Some thought the sentence was lenient, and tens
of thousands of protesters gathered around the Shahbag intersection in the capital, Dhaka, for more
than two months. Traditional social, cultural, and pro-independence political forces later joined
and strengthened the non-violent demonstration, causing some observers to compare it to the 2011
protests in Egypts Tahrir Square.4 The Shahbag Movement, as it became known, was facilitated by
1
DigitalBangladeshStrategyPaper,2010,AccesstoInformationProgram,PrimeMinistersOffice,ThePeoplesRepublicof
Bangladesh,http://www.a2i.pmo.gov.bd/tempdoc/spdbb.pdf.
2
ADevilsDesign,TheDailyStar,October14,2012,http://bit.ly/1eQ4GBn.
3
TamimaAnam,ShahbagProtestersVersustheButcherofMirpur,TheGuardian,February13,2013,
http://www.guardian.co.uk/world/2013/feb/13/shahbagprotestbangladeshquadermollah.
4
SaurabhShukla,ShahbagSquareCheersforChange:Dhaka'sYoungProtestersDemandBanonExtremismandDeathforWar
Criminals,DailyMail,February28,2013,http://dailym.ai/18e9tHR.
BANGLADESH

blogs, Facebook, and Twitter, a convincing display of the power of ICTs to mobilize and
disseminate information.5 Its opponents certainly thought so: Mollahs supporters rallied in
response against a conspiracy by atheist bloggers.6 On February 11, a pro-Jamaat-e-Islami blog
identified blogger Ahmed Rajib Haider as a Shahbag ringleader; armed assailants attacked and killed
Rajib outside his home four days later. These were troubling developments for a country still
striving to become a part of the connected global community.
OBSTACLES TO ACCESS
The International Telecommunication Union reported internet penetration in Bangladesh at 6
percent in 2012.7 Government estimates were closer to 20 percent.8 Over 90 percent of users
access the internet through GPRS/CDMA services, which local regulators classify as narrowband.
The remainder subscribe to fixed lines, either through a traditional Internet Service Provider (ISPs)
or via one of two WiMax operators.9
The government has established 4,501 Information Centers all over Bangladesh, with the goal of
ensuring cost-effective internet access and related e-services for the base of the pyramid
population.10 No specific study has been done yet to analyze the user breakdown between urban
and rural population.
Mobile penetration was at 64 percent in 2012, with connections provided by six operators.11
Grameen Phone, owned by Telenor, is the market leader with 42 percent of the total customer
base, followed by Orascoms Banglalink with 26 percent, and Robi, under the Axiata company,
with 21 percent. The remaining threeAirtel, Citycell, and the state-owned Teletalkhave a
total customer base of 10 percent.12 Right now, Teletalk is the only entity offering mobile
broadband to its comparatively small user base. Other operators offer 2G services, as the
government is yet to provide licenses for 3G/4G operations.
While ICT usage is increasing fast, Bangladesh is lagging behind globally. The World Economic
Forums 2013 global IT report ranked Bangladesh 114 out of 144 countries worldwide, with
infrastructure and the regulatory environment scoring poorly, though overall communication
5
Themovementsdemandswerediverse,includingthedeathsentenceforthewarcrimesconviction,andbanningthe
BangladeshJamaateIslamipartyfrompolitics.See,ShahbagGrandRallyDemandsHangingtoWarCriminals,BanningJamaat
(Updated),TheIndependent(Dhaka),February8,2013,http://bit.ly/18zoSTZ.
6
AlJazeera,BangladeshOppositionProteststurnDeadly,February22,2013,http://aje.me/XF7s1z.
7
8
AssociationofMobileTelecomOperatorsofBangladesh,TelecomandICT:KeyEnablersforEconomicDevelopment,
presentation,March25,2013,www.amtob.org.bd.
9
FaheemHussain,LicenseRenewalofMobilePhoneServices:WhataCountryShouldNotDo(ACaseStudyofBangladesh),
TelecommunicationPolicyResearchConference,GeorgeMasonUniversity,VA,USA,September2123,2012,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2032127.
10
FaheemHussain,ICTSectorPerformanceReviewforBangladesh,LIRNEasia,2011.Abstractavailable:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2013707.
11
InternationalTelecommunicationUnion,MobilecellularTelephoneSubscriptions,20002012.
12
BangladeshTelecommunicationRegulatoryCommission,accessedMarch,2013,http://www.btrc.gov.bd/.
BANGLADESH

service was comparatively affordable, a factor that is driving growth.13 In addition, the ability to
access localized information and create content in Bengali has contributed to the popularity of local
blog hosting services.14
Bangladeshs physical internet infrastructure has been vulnerable to frequent disconnection, since
the country historically relied on a single undersea cable (SEA-ME-WE-4) for its backbone.15 In late
2012, however, Bangladesh became connected to an international terrestrial cable managed by
private companies, reducing the countrys the risk of being completely cut off from the
information superhighway.16
The Bangladesh Telecommunication Regulatory Commission (BTRC), established under the
Bangladesh Telecommunications Act of 2001, is the official regulatory body overseeing
telecommunication and related ICT issues. However, the current administration amended the act
in 2010, passing control of regulating the telecommunication sector to the Ministry of Post and
Telecommunications and making the BTRC an auxiliary organization.17 This move created
administrative delays in a number of basic processes like the announcement of new tariffs or license
renewals.18 In addition, the prime ministers office has an Access to Information (A2I) program,
supported by the United Nations Development Program, which has considerable influence over
top-level ICT-related decision making.19
LIMITS ON CONTENT
The BTRC blocked access to YouTube for nearly nine months in 2012. While it had blocked social
media and communication apps in the past, some fear the anti-Islamic video that prompted the
censorship was merely a pretext for officials to exert more control over online content. This fear
grew in 2013. As the Shahbag movement showed online mobilization gaining force, BTRC
officialswithout a court orderdirected local blog hosts to remove four blogs for alleged antireligious content, apparently at the behest of religious groups. In another worrisome development,
a Facebook page containing a religious insult launched violent attacks on Buddhist minorities and
their establishments in Ramu. A newspaper subsequently reported that the page had been doctored
to incite retaliation.
The BTRC censors content relating to religious issues or that offends state leaders primarily by
issuing informal orders to domestic service providers, who are legally bound through their license
13
BeatBilbaoOsorio,SoumitraDutta,andBrunoLanvin,TheGlobalInformationTechnologyReport2013,WorldEconomic
Forum,http://reports.weforum.org/globalinformationtechnologyreport2013/.
14
InterviewwithSyedaGulshanFerdousJana,founderofSomewhereinblog,April2013.
15
Hussain,ICTSectorPerformanceReviewforBangladesh.
16
BangladeshConnectedwithTerrestrialCable,BDNews24,December8,2012,http://bit.ly/1fyvt6J.
17
S.M.ShahidulIslamandAbdullahAlMonzurHussain,BangladeshTelecommunication(Amended)Act,2010,Manualof
CyberLawinBangladesh,(Dhaka:CentralLawBookHouse,2011),241264.
18
FaheemHussain,TelecomRegulatoryEnvironmentinDigitalBangladesh:ExploringtheDisconnectsBetweenPublic
Policies/RegulationsandRealWorldSectorPerformance,SixthCommunicationPolicyResearchSouthConferencebyLIRNEasia
andChulalongkornUniversity,Bangkok,2011.
19
AccesstoInformationProgram,UNDPinBangladesh,accessedinJune,2013,http://bit.ly/1biN3ty.
BANGLADESH

and operations agreements to cooperate. Service providers describe official censorship as ad hoc in
nature, without proper follow up mechanisms in place to ensure whether the imposed restrictions
have been carried out or not.20 In addition, online news providers do not have the government
recognition granted to traditional, licensed, press organizations, leaving them in regulatory limbo.
International social media and communication apps like Facebook and YouTube are regular victims
of government censorship in Bangladesh. Facebook is one of the most visited websites in the
country,21 attracting more than 10 percent of the nations total internet users.22 The entire
platform has been blocked several times, for periods ranging from a few hours to a few days at a
time, though the process by which this decision is made and implemented is not known.
Government officials justify such actions as necessary to contain negative campaigns on social
networks.23
Google services, particularly its search engine and video-sharing website YouTube, also enjoy a
high volume of user traffic. Despite its popularity, the BTRC blocked access to YouTube in
Bangladesh from September 2012 to May 2013 in response to a 14-minute derogatory video about
Islam titled, The Innocence of Muslims.24 The video, uploaded in the United States in summer
2012, incited violent anti-American protests in Bangladesh, among other predominantly Muslim
nations.25 Google temporarily blocked versions of the video in some countries, apparently on
grounds that the content broke local laws, but declined to do so in Bangladesh.26 Some critics said
the length of the ban in Bangladesh indicates the disputed video was a pretext for officials to gain
control over the video-sharing platform, which they have blocked in the past for politically sensitive
content.27 However, the impact of the censorship was less severe than the duration implies, since
some ISPs informally unblocked the platform after just a few weeks. Other internet users continued
to access it using proxy servers. So far, the BTRC has not sought to block software that allows users
to circumvent content blocking.
Domestically-hosted websites, including the most popular news sites, Prothom Alo, BDNews24, and
Banglanews24, have yet to face any targeted blocking. However, in March 2013, the government
formed an official committee to identify bloggers who had allegedly demeaned the spirit of Islam.28
The committee participated in discussions with clerics to produce a list of bloggers and Facebook
users they alleged had published anti-Islamic blasphemy.29 Though there were more than 80 names
20
AuthorinterviewswithsevenexpertsinBangladeshwhorequestedanonymity,early2013.
Alexa,TopSitesinBangladesh,accessedMay,2013,http://www.alexa.com/topsites/countries/BD.
22
SocialBakers,BangladeshFacebookStatistics,accessedMay2013,http://bit.ly/lKcscJ.
23
ArifulFaisal,FacebookOpensAfteraShortPeriodBlock,Priyo,February28,2012, http://bit.ly/16Jwtuo.
24
AbdullahMamun,YouTubeBlockedinBangladesh,TheDailyStar,September18,2012,http://bit.ly/1azjwHF.
25
Mamun,YouTubeBlockedinBangladesh.
26
ArunDevnath&HarisAnwar,Pakistan,BangladeshBlockYouTube;SaudisMayFollow,BloombergNews,September20,
2013,http://www.bloomberg.com/news/20120918/pakistanbangladeshblockyoutubetorestrictantiislamfilm.html.
27
ZafarSobhan,YouTubeisStillBannedinBangla,TheSundayGuardian,October27,2012,http://www.sunday
guardian.com/analysis/youtubeisstillbannedinbangla.Authoritieshaveinstigatedpoliticallymotivated,thoughtemporary
blocksonYouTubeinthepast.See:BBCNews,BangladeshImposesYouTubeBlock,March9,2009,
http://news.bbc.co.uk/2/hi/7932659.stm.
28
GlobalVoicesAdvocacy,BangladeshAuthoritiesGoAfterAntiMuslimBloggers,April1,2013,
http://advocacy.globalvoicesonline.org/2013/04/01/bangladeshauthoritiesgoafterantimuslimbloggers/.
29
ChurashiBloggererTalikaShorastroMontronaloye,[HomeMinistryhastheListofEightyfourBloggers],NatunBarta,
March31,2013,http://www.natunbarta.com/sitech/2013/03/31/18939/.
21
BANGLADESH

on the list, the BTRC subsequently directed domestic blog hosting platforms to close the accounts
of just four bloggers it identified as anti-religious elements. All four were prominently involved in
the Shahbag movement, which had come into conflict with ultra-religious groups as well as the
administration, which they accused of poor governance. The owners of the host platforms reported
that officials never used any court orders or legal explanations during their communications.30
Officially, the legal system ensures the right to appeal against most government decisions, but the
lack of a warrant, as well as the risk of losing a license or legal permission to operate, makes
mounting such an appeal challenging, and so far none have been documented in response to
censorship directives.
Such strict and opaque content regulation has resulted in self-censorship by social media users,
bloggers, and online news media. In particular, the developments of the last year have made
discussion of religious issues more sensitive. More positively, there has been no evidence of
government officials proactively manipulating online content. Some unknown actors, however,
apparently orchestrated an outbreak of religious violence in the Ramu area of southeastern
Chittagong based on a Facebook profile. In September 2012, members of the local Muslim majority
community accused a Buddhist of displaying an anti-Islamic image on his Facebook profile and
launched retaliatory attacks that destroyed a dozen temples. The Daily Star newspaper reported in
October that the image had been added to the Facebook profile, then shown to Muslims both
online and off, falsely creating the impression that local Buddhists were sharing blasphemous
material. No police investigation was launched into the alleged manipulation, and the pages owner
was forced to flee the area.31
Despite recent restrictions and uncertainties, there are around 200,000 active bloggers in
Bangladesh, and this number is growing. The BTRC has identified 48 active domestic blog hosting
platforms. Leading examples, based on subscriber figures, include SomewhereinBlog, Amarblog,
and Shocholayoton.32
The Shahbag Movement, which was initiated by the Bangladesh Online Activists Network, is the
countrys most significant example of online activism to date. The protests coalesced around the
International Crimes Tribunal verdict against the Jamaat-e-Islami leader (see Introduction) but
quickly took on a political element.33 In its early stages, however, the movement spread through
blogging, Facebook, and mobile telephony.34 Twitter, previously little-used in Bangladesh, gained
popularity as a tool to broadcast information about Shahbag, both domestically and
internationally.35
30
GlobalVoicesAdvocacy,BangladeshAuthoritiesGoAfterAntiMuslimBloggers.
ADevilsDesign,TheDailyStar,October14,2012,http://bit.ly/1eQ4GBn.
32
Blog,DailyManabZamin,April4,2013,http://bit.ly/17cIexA.
33
MohammadShahidUllah,ShahbaghPeoplesMovement:NewGenerationChallengingtheUnjustStructure,Voiceofthe
Oppressed,February18,2013,http://www.voiceoftheoppressed.in/tag/bangladeshonlineactivistnetwork/.
34
TamannaKhan,ShahbagBeyondBoundaries,TheDailyStar,March29,2013,http://bit.ly/18zMyW8.
35
FaheemHussain,ZymaIslam,andMashiatMostafa,ProliferationofTwitterforPoliticalMicroblogginginaDeveloping
Country:AnExploratoryStudyof#Shahbag,(unpublishedresearchfundedbytheAsianUniversityforWomenFaculty
ResearchFund,2013).
31
BANGLADESH

The February 2013 murder of blogger Ahmed Rajib Haider by armed assailants after an ultrareligious blog identified him as a Shahbag organizer was one of the most shocking developments
during the coverage period for this report. While the government offered to protect some
secularist bloggers from the hate speech spiraling out of control online in the wake of the Shahbag
movement, it clouded that message by arresting four of them, including one who had been stabbed
just a few months before, in April. Domestic online news sites faced cyber-attacks during periods
of heightened religious contention.
Article 39 (1, 2) of Chapter 2 in the Bangladeshi constitution recognizes freedom of thought,
conscience, and speech as a fundamental right.36 Online expression has been traditionally
considered to fall within the scope of this provision. The Information and Communication
Technology Act of 2006 is the primary legal reference for addressing issues related to internet
usage, in addition to defining and protecting freedom of expression online; it also penalizes citizens
who violate others rights to communicate electronically.37 In addition, the amended Bangladesh
Telecommunication Act of 2010 allows officials to intercept electronic communications from any
individual or institution to ensure the security of the state or public order.38 The judicial system of
Bangladesh is independent from the executive and the legislative branches of government, but
critics say it can be partisan, and police and regulators generally bypass the courts to implement
censorship and surveillance without oversight.39
Section 56 of the ICT Act defines hacking as a crime punishable by up to three years in prison, a
fine of BDT 10,000,000 ($ 125,000), or both. Section 57 is vaguer, and characterizes different
types of religious, social or political expression made electronically as potential violations. People
found guilty under this section face a maximum of 10 years imprisonment and fines up to BDT
10,000,000 ($125,000).40
The first arrests made using these clauses took place in 2013. On April 1, as regulators were
shutting down their websites, police detained bloggers Rasel Parvez, Mashiur Rahman Biplob, and
Subrata Ashikari Shuvo. Two days later they also detained Asif Mohiuddin, author of a renowned
blog on sensitive sociopolitical issues that won a user-nominated award from German broadcaster
Deutsche Welle in 2012.41 Just a few months before his arrest, in January 2013, Mohiuddin was
36
S.M.ShahidulIslamandAbdullahAlMonzurHussain,RighttoInformationAct,2009,ManualofCyberLawinBangladesh,
(Dhaka,CentralLawBookHouse,2011)147.
37
S.M.ShahidulIslamandAbdullahAlMonzurHussain,InformationandCommunicationTechnologyAct,2006,Manualof
CyberLawinBangladesh,(Dhaka,CentralLawBookHouse,2011)9091.
38
BangladeshTelecommunication(Amended)Act,2010.
39
TheHistoricMasdarHossainCaseandtheIndependenceofJudiciaryofBangladesh:ACompilation,WahabOhidLegalAid,
March12,2013,http://wahabohidlegalaid.blogspot.com/2013/03/thehistoricmasdarhossaincaseand.html;M.
Moneruzzaman,JudiciaryIndependenceStillonPaper,TheBangladeshChronicle,January15,2013,
http://www.bangladeshchronicle.net/index.php/2013/01/judiciaryindependencestillonpaper/.
40
InformationandCommunicationTechnologyAct,2006.
41
EmranHossain,BangladeshArrests'AtheistBloggers,'CrackingDownonCritics,HuffingtonPost,April3,2013,
BANGLADESH

hospitalized with serious stab wounds, apparently inflicted by armed assailants in reprisal for his
writing and activism.42 All four bloggers were charged with harming religious sentiment under
Section 57(2) of the ICT Act 2006, and conservative political forces branded them as anti-Islamic
atheists, though activists defended them.43 The bloggers were later released on bail, though Asif
Mohiuddins application was initially denied until he appealed on medical grounds in June.44 A
judge declined to extend bail beyond one month, and he was re-arrested in July.45
Also in April, police arrested Mahmudur Rahman, acting editor and majority owner of the proopposition newspaper Amar Desh, on charges that included defaming religion under ICT Act
sections 56 and 57.46 The case was the latest in dozens of investigations involving Rahman that his
supporters characterize as politically motivated. In 2012, he was charged with sedition in relation
to his papers publication of private Skype communications involving an International Crimes
Tribunal judge that cast doubt on the integrity of the tribunals judgments;47 the judge issued a
court order against the U.K.-based Economist magazine in the same case, though much of the
material was leaked online in Bangladesh.48
The threat of sedition chargeswhich carry a possible death penaltyhas been used against others
for online activity. In October 2012, Australian immigration authorities granted asylum to
Muhammad Ruhul Khandaker after a court in Bangladesh recommended he be charged with
sedition for a comment he posted to his personal Facebook account while living in Australia.49 In
January 2012, the court had sentenced Khandaker in absentia to six months in jail for contempt of
court when he failed to attend a hearing in Dhaka in relation to the comment, which was
considered insulting to Prime Minister Sheikh Hasina.50
At present, the government allows anonymous access and web posting, and does not require
website owners, bloggers, or internet users to register. However, even though people can post
comments online without revealing their true identities, they are susceptible to surveillance. Under
the 2010 Telecommunication Act, regulators have the power to intercept any communication
http://www.huffingtonpost.com/2013/04/03/bangladeshbloggers_n_3009137.html;ArafatulIslam,BangladeshGagsAward
winningBlogger,DeutscheWelle,March25,2013,http://dw.de/p/183px.
42
BloggerKnifedinDhaka,BDNews24,January14,2013,http://bit.ly/10vt99p.
43
BloggerstobeChargedunderICTAct,BDNews24,April4,2013,http://bdnews24.com/bangladesh/2013/04/02/bloggers
tobechargedunderictact.Seealso,Rezwan,BloggersinBangladeshFaceThreatsOnlineandOff,Slate,FutureTense(blog),
April4,2013,http://slate.me/Y0KiBE.
44
BloggersShuvo,ParvezReleased,TheDailyStar,May12,2013http://www.thedailystar.net/beta2/news/bloggersshuvo
parvezgetbail/;MdSanaulIslamTipu,BloggerMoshiurGrantedBail,DhakaTribune,June2,2013;http://bit.ly/13d88yi;
BloggerAsifMohiuddinGetsBail,BDNews24,June27,2013,http://bit.ly/18zMRQY.
45
BloggerAsifsenttojailagain,TheDailyStar,July29,2013,http://bit.ly/15qApCO.
46
MahmudurRahmanArrestedUnderICTAct:MKAlamgir,TheIndependent(Dhaka),April11,2013,
http://bit.ly/1fRgQZH.
47
T.J.,PressFreedominBangladesh:IntheBestInterestoftheMedia,Banyan(blog),TheEconomist,May25,2013,
http://www.economist.com/blogs/banyan/2013/05/pressfreedombangladesh.
48
Economist,TheTrialoftheBirthofaNation,December15,2012,http://econ.st/RpQnK7.
49
AdamGartrell,BangladeshiGetsAsylumoverFacebookCase,AustralianAssociatedPress,November27,2012,
http://news.smh.com.au/breakingnewsnational/bangladeshigetsasylumoverfacebookcase201211272a5b9.html.
50
AmandaHodge,Student,MuhammadRuhulKhandaker,FearsDeathPenaltyforFacebookComment,TheAustralian,
January10,2012,http://bit.ly/woBd2q.
BANGLADESH

voice or dataover the telecom network without a court order.51 Both data and voice service
providers are required by law to aid the government in monitoring the user communications.52
Meanwhile, citizens must provide their national identity card and related personal information to
obtain a mobile connection.
The BTRC has also been using methods such as deep-packet inspection to identify unlawful and
sensitive information sent over the internet, according to news reports.53 The government has yet
to define unlawful or sensitive, but no abuse of deep-packet inspection has been documented.
There is no independent oversight body in Bangladesh to guard against the abuse of surveillance
options initiated by the government.
The physical safety of journalists and media personnel is at risk in Bangladesh, with three journalists
killed in 2012.54 Bloggers and online news providers have also suffered from physical attacks, and
reported an increasing number of threats in the past year from different groups, perhaps in
response to intensifying activism by the Shahbag Movement and others. The governments response
was contradictory, supporting the pro-independence, secular bloggers against the threats of antiShahbag elements, while arresting some known, pro-Shahbag online activists for insulting Islam.
On February 15, 2013, during the peak of the Shahbag Movement, one of the groups leading
activists, Ahmed Rajib Haider, was brutally murdered by suspected religious extremists.55 Police
found a series of posts targeting Rajib and other key figures in the movement on the blog, Sonar
Bangladesh, which the BTRC subsequently blocked.56 The first of such posts was against Rajib,
whose critical stance against religious extremism apparently offended them. On March 1, five
people police described as religious extremists were detained in connection with Rajibs murder.57
On April 1, 2013, police arrested four suspects in relation to the attack on Asif Mohiuddin, also
linking them with religious extremism.58
Cyberattacks on key government websites, online news sites, and blogs are also on the rise. News
sites The Daily Star, Prothom Alo, BDNews24, and Banglanews24 have regularly been victims of hacking
and related cyberattacks by third parties; Prothom Alo and the London-hosted UKBDNews website
51
AbuSaeedKhan,presentationinThirdSouthAsianMeetingontheInternetandFreedomofExpression,Dhaka,
Bangladesh,1415January2013.
52
BangladeshTelecommunication(Amended)Act,2010.
53
AshrafKhan,CyberCrimeNiyontronePaanchKotiTakarDevice[TheDeviceForthFiveCroretoControlCyberCrime],Daily
ManabZamin,April20,2013,http://bit.ly/1biMIHp.
54
Themotiveforthemurderwasdefinitelyrelatedtojournalisminonecase;itremainsunconfirmedintheothertwo.See,
CommitteetoProtectJournalists,14JournalistsKilledinBangladeshsince1992,http://www.cpj.org/killed/asia/bangladesh/,
accessedJuly2013.
55
BloggerBrutallyKilled,TheDailyStar,February16,2013,
http://archive.thedailystar.net/newDesign/newsdetails.php?nid=269336.
56
12Blogs,FacebookPagesBlocked,BDNews24,February20,2013
http://devbd.bdnews24.com/details.php?id=240964&cid=2.
57
BloggerRajibKillingMastermindShibirman,TheDailyStar,March3,2013
http://archive.thedailystar.net/newDesign/newsdetails.php?nid=271147.
58
4HeldForAttackingBloggerAsif,BDNews24,April1,2013,
http://bdnews24.com/bangladesh/2013/04/01/4heldforattackingbloggerasif.
BANGLADESH

reported being infected with malware in February 2013,59 while The Daily Star site was attacked by
Anonymous in March.60 The youth population has turned out to be the most vulnerable group
against any privacy violations, predominantly through mobile phones and the internet.61 People are
slowly realizing the importance of protecting their online presence against any outside, unlawful
intrusion. ISPs informally organized a Bangladesh Cyber Emergency Response Team and are
working towards dealing with cyberattacks, hacking, and other malicious threats.62 In addition, the
Bangladesh government has established its own response mechanism to deal with such issues.
59
EqramulIslam,ProthomaloSpreadingViruses,ukbdnews.comUnderAttack,UKBDNews,February19,2013
http://ukbdnews.com/english/1119prothomalospreadingvirusesukbdnewscomunderattack.html.
60
DailyStarWebsiteHacked,DailySun,March5,2013
http://www.dailysun.com/details_yes_05032013_DailyStarwebsitehacked_428_1_0_3_32.html.
61
FaheemHussainandMohammadSahidUllah,MobileCommunicationandInternetinBangladesh:IsPrivacyatRiskfor
YouthPopulation?MediaWatch,CentreforCommunicationStudies,2013
62
BangladeshCyberEmergencyResponseTeam,accessedApril,2013,http://www.bdcert.org/v2/.
BANGLADESH
BELARUS
2012 2013
NOT NOT
FREE FREE
16
16
23
22
29
Total (0-100)
69
67


Change.org, an online petition platform, was blocked for two weeks in August 2012,
possibly in connection with a petition that supported the release of two citizens who had
been unjustly arrested (see LIMITS ON CONTENT).
The overall number of online users arrested declined in comparison to the mass arrests
that occurred during the spring 2011 protests; however, government persecution of
online activists became more targeted as arrests and detentions were more directly linked
to users online activities (see VIOLATIONS OF USER RIGHTS).
Each of the three major cases of criminal prosecution against media practitioners
concerned internet publications (see VIOLATIONS OF USER RIGHTS).
Instances of technical attacks against the websites of independent media and civil society
groups continued to grow (see VIOLATIONS OF USER RIGHTS).
BELARUS

INTRODUCTION
The overall situation for internet freedom in Belarus remained relatively stagnant during 20122013. The government, run by the autocratic President Alexander Lukashenka, continues to exert
control over the online sphere by blocking websites and intimidating online users. Repression of
activists also became more targeted this year, compared to the large number of arrests made in
connection with a series of protests in 2011.
During the past year, internet access in Belarus continued to grow. The countrys external gateway
capacity expanded to 350 Gbps, and significantly more users reported having access to broadband
networks. All of Belarus mobile operators offer internet access and the number of mobile internet
users is growing. However, while access may be improving, the government continues to regulate,
control, and restrict the scope of online content.
In 2010, the Ministry of Telecommunications issued a regulation for a catalogue of websites whose
access should be blocked in state-run facilities and cybercafes. The procedure for consigning sites to
this blacklist remains nontransparent and there is no functioning appeal process. As of February
2013, the list reportedly contained 119 websites, including a number of leading political, news, and
human rights websites. The authorities continue the practice of occasionally blocking certain
independent websites under specific circumstances. On September 23, 2012, the day of the
parliamentary elections, the authorities blocked access to four websites that were reporting
violations observed by independent organizations and citizens.
During the past year, the harassment and persecution of online journalists and activists deemed to
be critical of the government continued and became more targeted. In 2012-2013, each of the
three major cases of criminal prosecution against media practitioners concerned internet
publications. Of the 11 political prisoners being held by the government, two regularly published
online. There were about 60 cases of detentions of journalists, independent press distributors, and
members of social networks. Instances of extralegal harassment of online activists, especially those
involved in political communities on social networks, continued to take place. In August 2012, the
authorities launched a campaign against social networks critical of President Lukashenka. Instances
of technical attacks against independent websites grew. In April 2013, several leading political and
civil society sites experienced a coordinated hacker attack, which included explicit threats against
online publishers and journalists.
OBSTACLES TO ACCESS
From 2012-2013, the number of internet users in Belarus continued to grow rapidly and the quality
of internet connections improved, despite a year of political and economic stagnation. The
governments loss of popularity and credibility in the wake of the 2011 economic crisis continued
BELARUS

to spur demand for alternative sources of information.1 With the authorities controlling the
majority of print and broadcast outlets, the internet serves as the countrys only island of free
media. At the same time, the crisis did not dramatically affect government investment in the
internet nor significantly increase internet costs, allowing many to begin using the internet as a
source for news and a tool for social interaction.
The National Statistical Committee reported that Belarus has an internet penetration rate of 71.9
percent.2 An independent study by Gemius in December 2012 found that there were 4.6 million
internet users, or 13.8 percent more than the year before, producing a penetration rate of about 56
percent.3 Statistics reported by the International Telecommunication Union (ITU) place the
internet penetration rate lower at 47 percent for 2012.4 In January 2013, the countrys external
internet gateway capacity was expanded to 350 Gbps. Following a growth of 20 percent in 2012,
this upgrade will result in an increase in capacity of 44 percent in the first half of 2013.5 In 2012,
Belarus wireless network was expanded to 1,300 hot spots, including 712 in the capital.6
The countrys four mobile phone operators had a combined total of 10.7 million subscribers, for a
total penetration rate of 113 percent as of January 2012.7 All four mobile operators offer internet
access, and 4,360 of the countrys 15,000 base stations are 3G-capable. The share of smartphones
in the mobile market is approximately 40 percent.8 By October 2012, about 12 percent of internet
users were accessing websites via mobile telephones, half of them with smartphones.9 A report by
Index on Censorship calculates that more than 2 million Belarusians have access to the internet via
mobile devices and that more than 4 percent of online page views from Belarus now come from
smartphones and tablets.10 Mobile phone operators report considerable growth in the average
AlyaksandrKlaskowski,Privatemediagaincredibility,Belapan,January9,2013,
http://en.belapan.com/archive/2013/01/09/en_598444_598445.Seealso,
.?[AlyaksandrKlaskowski,Thehornsoftheauthoritiesrusted.Whatsinstead?],Naviny.by,January
11,2013,http://naviny.by/rubrics/society/2013/01/11/ic_articles_116_180482.
2
NationalStatisticalCommittee(NSC),Keyindicatorsofpubliccommunication,accessedJanuary27,2013,
http://belstat.gov.by/homep/ru/indicators/transport.php.NSCdataisbasedonthenumbersreportedbyprovidersanddoes
notdistinguishbetweenlegalentitiesandprivateusers.
3
MikhailDoroshevich,InternetinBelarus,December2012,EBelarus,January31,2013.FortheNovember2012statistics,see
AlenaSpasyuk,InternetusersinBelarussaidtohaveincreasedinnumberby13.3%,Belapan,November23,2012,
http://en.belapan.com/archive/2012/11/23/en_19271123m.
4
InternationalTelecommunicationUnion(ITU),PercentageofindividualsusingtheInternet,2012,accessedJuly6,2013,
5
BelarusplanstoraiseInternetgatewaycapacitynearlybyhalf,http://news.belta.by/en/news/society/?id=697993.
6
BelarusexternalInternetgatewaycapacityupto350Gbps,Belta,January3,2013,
http://news.belta.by/en/news/society?id=703179.
7
NationalStatisticalCommittee(NSC),Keyindicatorsofpubliccommunication,accessedJanuary27,2013,
http://belstat.gov.by/homep/ru/indicators/transport.php.
8
[ITfiguresstatisticsforBelarus],IT.tut.by,accessedJanuary27,2013,
http://it.tut.by/numbers/#cell.Oneofthefourmobilephoneoperators,TeleGeographyMobileDigitalCommunications
(Velcom),declaredthatasofDecember31,2012its3G/3G+mobilenetworkswereavailableto100%oftheurbanpopulation,
whilevoiceservicescoverageextendedto98.9%ofthetotalpopulation,http://www.ebelarus.org/news/201301101.html.
9
10
AndreiAlexandrau,Belarus:PullingthePlug,IndexonCensorship,http://www.indexoncensorship.org/wp
content/uploads/2013/01/IDX_Belarus_ENG_WebRes.pdf.
BELARUS

revenue per user (ARPU), which is attributed to the rising number of the internet users and the
development of data transmission services.11
According to Gemius, 80.7 percent of internet users in Belarus access the internet on a daily
basis.12 The key divide in levels of access is not between rural and urban populationssince almost
75 percent of Belarusians live in urban areasbut between the countrys capital and other regions.
However, the share of users in the capital city of Minsk has decreased from 40 percent to 28
percent over the last five years, and internet users in other cities with a population of more than
50,000 now account for more than 20 percent of the total.13 Another significant determinant of
internet use is age: 30 percent of all users are 25-34 years old, 21 percent are 1924 years old,
19.5 percent are 3544 years old, and only 6.5 percent are 55 years or older.14 Most internet
users93.5 percentregularly access the internet at home, and 29.8 percent do so at work.
Internet cafes remain the least popular point of access, with just 4.2 percent of users utilizing
them.15
While Belarus has two official languagesBelarusian and Russianthe majority of citizens use
Russian in daily life. As a result, most online software is in Russian, although some popular
software is also available in Belarusian, often translated by local enthusiasts.
In September 2012, almost 70 percent of Belarusian users reported having broadband access.16 This
figure has increased rapidly since 2010, when Belarus had Europes lowest level of high speed
access, at only 10 percent of the population. The largest choice and best quality of internet access is
available in Minsk, where 38 companies offer internet access through ADSL, Ethernet, cable TV,
and mobile networks. Smaller cities have a significantly narrower selection of options. Rural
dwellers are largely dependent on the state-owned telecommunications monopoly Beltelecom,
which provides IPTV17 and internet access through ADSL (if phone lines are available), or via
mobile internet, which is quite slow in remote locations. Internet connections are the slowest in
the sparsely-populated areas of the southeastern and northern parts of the country.
The cost of broadband access via DSL and cable is generally tied to volume, reflecting the pricing
structure that Beltelecom uses when selling bandwidth to downstream internet service providers
(ISPs). This makes it somewhat expensive to download large items like music or movies, while for
common activities such as e-mail and web browsing, the volume surcharges do not create a barrier
for most users. An unlimited internet access service was launched by Beltelecom in 2007. Initially
quite expensive, it has become more affordable, and prices range from approximately $5$45 per
11
Theaveragerevenueperuser(ARPU)ofBelarusianmobilecarriersroseconsiderablyinQ32012,Belta,November19,
2012,http://news.belta.by/en/news/econom?id=699383.
12
MikhailDoroshevich,InternetinBelarus,December2012,EBelarus,January31,2013,http://www.e
belarus.org/news/201301311.html.
13
14
InternetaudienceinBelarusincreasedby14%,IT.tut.by,October24,2012,http://it.tut.by/317249.
15
MikhailDoroshevich,InternetinBelarus,December2012,EBelarus.org,http://www.ebelarus.org/news/201301311.html.
16
InternetaudienceinBelarusincreasedby14%,IT.tut.by,October24,2012,http://it.tut.by/317249.
17
IPTVreferstointernetprotocolovertelevision,amannerofprovidingtelevisionviewingthroughtheinternetratherthan
throughtraditionalterrestrial,satellite,orothertechnologies.
BELARUS

month, depending on the speed. Beltelecom raised internet access prices by 10 percent in March
2012 and by another 10 percent in January 2013.18 Mobile phone and internet access charges were
increased by 20 percent in January 2013, as mobile operators were no longer exempted from
paying a value added tax (VAT).19
The increase in internet penetration has resulted in the continued growth of citizens activity on
social networking sites. The Russian site VKontakte (vk.com) continues to be the most popular
social network service, with 2.5 million accounts registered in Belarus, and is the most accessed
website in the country.20 About 1.6 million Belarusians use the Russian social network
Odnoklassniki.ru.21 As of February 2013, there were more than 112,000 blogs registered on
LiveJournal from users in Belarus.22 As of May 2012, there were 95,000 Belarusian users registered
on Twitter, including 18,000 active users.23 The total number of Facebook users in Belarus is close
to 500,000 (about 5 percent of the total population and 16 percent of internet users), and has
grown by more than 130,000 since May 2012.24
While foreign social networks remain very popular in Belarus and their number of users continues
to grow, local networks appear to be gaining an audience within the country. In April 2012, the
Minsk-based IT.TUT.by reported having over 1.2 million registered users on their social
networking site, I.TUT.by.25 As of January 2013, there were over 1 million users registered in
another popular local social network, Vceti.by, compared to 315,000 users in October 2011.26
Beltelecom and the National Center for Traffic Exchange, established by the government in 2011,
remain the only entities with the ability to handle connections with ISPs outside of Belarus.
Beltelecom also holds a monopoly on fixed-line communications and internet services inside
Belarus. In April 2012, the Center for Traffic Exchange replaced Beltelecom in providing access to
the points of sharing national traffic (peering).27 The Ministry of Communications and Information
Technology has issued 180 licenses for secondary ISPs, though only 56 are currently active in
Belarus. The Beltelecom subsidiary Belpak remains the largest ISP. While the government does not
limit the amount of bandwidth that access providers can supply, all ISPs depend on the facilities of
18
2012[Beltelecomisnotplanningtoraisetariffs
forInternetbeforetheendof2012],Ukaz60.net,accessedJanuary27,2013,http://ukaz60.net/node/281;18byfly
ZALA10%[OnJanuary18,byflyandZalawillincreasepricesby10%],Ukaz60.net,accessedJanuary27,2013,
http://ukaz60.net/node/298.
19
AlyakseyAreshka,Mobilephone,Internetaccesschargesriseby20percent,Belapan,January2,2013,
http://en.belapan.com/archive/2013/01/02/en_16550102.
20
Alexa,TopSitesinBelarus,accessedJanuary27,2013,http://www.alexa.com/topsites/countries/BY.
21
Top10Websites,gemiusAudience,accessedonMay12,2013,http://www.audience.by.
22
[ITfiguresstatisticsforBelarus],IT.tut.by,accessedMarch8,2013,
http://it.tut.by/numbers/#cell.
23
Ibid.
24
BelarusFacebookStatistics,SocialBakers,accessedJanuary27,2013,http://www.socialbakers.com/facebook
statistics/belarus/last3months#chartintervals.
25
[ITfiguresstatisticsforBelarus],IT.tut.by,accessedJanuary27,2013,
http://it.tut.by/numbers/#cell.
26
Vseti.by,accessedonMay13,2013,http://vseti.by.
27
,[NationalCenterforTraffic
ExchangereplacedBeltelecominprovidingpeeringservices],TechOnliner.by,April3,2012,
http://tech.onliner.by/2012/04/03/nacionalnyjcentrobmenatrafikomzamenilbeltelekomvchastiuslugpiringa.
BELARUS

the state-owned Beltelecom, which allows the authorities to control access speeds for the entire
country, if needed.
There is no independent regulator overseeing ICTs in Belarus. The Ministry of Communications
and Information Technology handles regulatory functions. In addition, the presidential
administrations Operational and Analytical Center (OAC) has the authority to oversee ISPs,
conduct overseas online surveillance, and manage Belarus top-level domain (.by).28 Other bodies
with authority over this sector include the State Telecommunications Inspectorate, State Control
Committee, and Prosecutor Generals Office.
LIMITS ON CONTENT
With the 20002005 color revolutions and 2011 Arab Spring in mind, Belarus authoritarian
government has attempted to extend its control over online content. Local media rights groups
have argued that the regulations adopted during the last three yearssuch as Decree No. 60, (On
measures for improving use of the national internet network)reflect an alarming trend toward
greater control of the internet, noting that many of the decrees provisions remain vague and
unclear.29 The procedure for putting sites on an official blacklist, for example, is completely
nontransparent. Additionally, the government has continued to influence online content by
increasing financial support to pro-government media outlets. There were a few instances of
blocking in 2012-2013, such as the temporary blocking of Change.org in August 2012; however,
other sites such as Facebook, Twitter, and YouTube remain accessible.
Decree No. 60, which was enacted on February 1, 2010 and came into effect on July 1, 2010,
introduced provisions by which ISPs are required to block access to restricted information, such as
pornography and material inciting violence. By law, the authorities can only institute this blocking
in state institutions or when requested by individual users. In practice, however, the government
has engaged in ad hoc efforts to limit access to internet content deemed contrary to its interests,
though Belarusian telecoms typically cite technical problems rather than admitting to blocking. The
authorities have regularly blocked certain websites on specific days when there are elections,
holidays important to the democratic opposition, or scheduled protests.
On June 29, 2010, the Ministry of Telecommunications and the OAC issued a regulation calling for
the creation of two lists to catalog the URLs of all websites whose access should be blocked in staterun facilities and internet cafes; one list is public, while the other is accessible only to ISPs.30 As of
May 2013, the publicly-accessible list did not contain any URLs, while the number of URLs on the
28
SeeInstructionsontheprocedureofdomainnamesregistrationinthefieldofhierarchicalnamesofthenationalsegmentof
theInternetnetworkathttp://cctld.by/eng/rules.html.
29
VolhaPrudnikava,AuthoritiesusebothlegalandillegalmethodstocontrolInternet,expertssay,Belapan,January11,
2012,http://en.belapan.com/archive/2012/01/11/en_522094_522095;BelarusAgainontheListofInternetEnemies(with
AndreyBastunetsComments),BelarusianAssociationofJournalists,March12,2012,http://baj.by/en/node/11431.
30
"[StateSupervisoryBodyforTelecommunicationsStartedForming
theBlackList]Electroname,July9,2010,http://www.electroname.com/story/7329.
BELARUS

restricted list remains unknown.31 On July 10, 2012, the state news agency Belta reported that the
number of blacklisted websites had doubled since October 2011 and that the restricted list included
80 websites, most of which contain extremist or pornographic content.32 According to Uladzimir
Rabavolaw, the first deputy head of the presidential administration's Operational and Analytical
Center (OAC), the list contained 119 websites as of February 2013.33 Based on unofficial
information, the blacklist also includes at least two of the countrys most popular independent news
and information websites, Charter97.org and Belaruspartisan.org, as well as the website of the
Viasna Human Rights Center and the blog of the popular independent political commentator
Yauhien Lipkovich.34 The Prosecutor Generals Office has confirmed that Charter97.org and
Belaruspartisan.org are on the restricted list.35 State officials claim that the sites remain privately
accessible.36 State bodies authorized to add sites to the blacklist include the Ministry of Internal
Affairs, the Prosecutor Generals Office, and the KGB.
Under amendments dating from November 2011, which stipulate the fines for violating Decree
No. 60, ISPs that provide access to blacklisted websites are required to pay a small fine. In practice,
ISPs seem to be inconsistent in blocking access to these sites; some have blocked access to
blacklisted sites without any user requests, which is technically illegal under the decree, while
others have ignored the blacklist.37 ISPs block the blacklisted websites by web address or in
combination with IP filtering. In December 2012, Index on Censorship conducted field research
using a sample group of blacklisted sites to assess the scope of the filtering. The results indicated
varying degrees of blocking. While the sites were available via internet cafes in Minsk and through
Belarus three major mobile operators, some or all were blocked in places where the state had
greater control over the internet connection, such as government buildings and universities.38
The authorities continue to practice occasional blocking of certain independent websites under
specific circumstances. In August 2012, Change.org, a site which offers individuals and
organizations the opportunity to publicize petitions and gather more supporters, could not be
accessed inside Belarus. The independent website Charter97.org alleged that the authorities had
blocked Change.org in order to prevent citizens from signing an online petition for the release of
Anton Surapin and Syarhey Basharymaw, who were unjustly arrested and charged with allegedly
31
[ListsofRestrictedAccess],MinistryofTelecommunications,accessedonMay12,2013,
http://belgie.by/node/216.Fortheonlineversion,seealsohttp://bit.ly/14TskaI.
32
,[NumberofbannedwebsitesdoubledinBelarus],Ej.by,July10,
2013,http://www.ej.by/news/politics/2012/07/10/v_belarusi_udvoilos__kolichestvo_zapreschennyh_saytov.html.
33
:[OACtoblockedwebsites:Writeappeals],Viasna,February17,2013,
http://spring96.org/be/news/61348.
34
ZmitsierLukashuk,WebsitesrestrictedforstateinstitutionssinceNovember28,Euroradio,November30,2011,
http://baj.by/en/node/9118.
35
VyacheslawBudkevich,Governmentbeginsblockingaccesstooppositionwebsites,Belapan,April11,2011,
36
TanyaKorovenkova,Belarus:Internetundersurveillance,butstillrelativelyfree,Belapan,February23,2013,
37
VolhaPrudnikova,Authoritiesusebothlegalandillegalmethodstocontrolinternet,expertsays,Belapan,June24,2011,
http://en.belapan.com/archive/2012/01/11/en_522094_522095.
38
Belarus:PullingthePlug,IndexonCensorship,pp.1213,http://www.indexoncensorship.org/wp
BELARUS

assisting in the illegal flight of a foreign airplane over Belarusian airspace on July 4, 2012.39 While
accessible from other countries, Change.org remained blocked in Belarus for two weeks.
On September 23, 2012, the day of the parliamentary elections, the authorities again used
Beltelecom to block access to the websites of the civic and political For Freedom Movement
(Pyx.by), Belarusian Christian Democracy party (Bchd.info), and the political news source UnityDemocracy-Freedom (UDF.by), as well as the crowdsourcing election monitoring platform
Electby.org. The main criteria for the blocking were election-related activities; all of the sites on
the list were publishing reports of violations from independent observation groups and ordinary
citizens. IP filtering was used as the blocking mechanism. The blocking commenced at 7:30pm on
September 23 and continued for about 24 hours. This type of blocking proved relatively easy to
bypass by changing IP addresses and updating DNS records. Three of the four sites (Electby.org,
Pyx.by, and UDF.by) utilized these tactics and were inaccessible for only short periods of time.
The Bchd.info team was unable to restore access, most likely due to the limitations of its hosting,
which did not permit changing the IP address. Unlike in past elections, most independent news
sources, as well as the majority of the political oppositions websites, were not blocked. Social
networks also remained accessible. This limited response by the authorities reflected the fact that
citizens expressed little interest in these elections, and the opposition did not call for or plan public
protests.
On February 25, 2013, the Belarusian authorities again blocked access to the website of the
Belarusian Christian Democracy party (BChD), as reported by the press office of the unregistered
opposition party. BChD Executive Secretary Dzyanis Sadowski linked the blocking to the partys
campaign called "Wave of Solidarity," which is aimed at supporting political prisoners and other
victims of the Lukashenka regime.40
To date, it appears that the Belarusian government does not possess the capacity to employ
sophisticated internet blocking techniques, and therefore resorts to more basic approaches like IP
filtering and disabling DNS records.41 Also, it seems that the authorities do not perform regular or
automated monitoring of the accessibility of banned sites, and it generally takes from 4 to 16 hours
to block a new IP address. No documented instances of deep packet inspection (DPI) filtering have
been recorded so far.
Since 2008, the government has employed stringent requirements for accreditation to restrict nonstate journalists access to information.42 The Law on Mass Media requires journalists to obtain
39
SyarheyPulsha,WebusersinBelarusunabletoaccesspopularonlinepetitionsite,Belapan,August12,2012,
http://en.belapan.com/archive/2012/08/12/en_12081454b.
40
SyarheyKaralevich,AuthoritiesblockaccesstowebsiteofBelarusianChristianDemocracy,Belapan,February25,2103,
41
Change.org[InBelarusaccesstoChange.orgwebsiteisblocked],Providers.by,
August13,2012,http://providers.by/2012/08/news/vbelarusizablokirovandostupkchangeorg.
42
TheLawonMassMediaenvisagesanauthorizationbasedprocedureofaccreditation.Moreover,itdoesnotallowthe
possibilitytoappealagainstarefusalofaccreditationasajournalist.Ajournalistisforbiddentocarryoutprofessionalactivities,
ifheorsheisnotaccredited.CommentsonSuggestionstoMediaLaw,BelarusianAssociationofJournalists,January24,
2013,http://baj.by/en/node/19255.
BELARUS

authorization before they can become accredited and it does not allow individuals to appeal the
decision in cases where their accreditation is refused. Journalists, including those publishing online,
are not allowed to work professionally if they are not accredited.43
In January 2013, the Ministry of Foreign Affairs denied the accreditation application of Pavel
Sviardlou, a Belarusian journalist known for his online reports for the Warsaw-based European
Radio for Belarus.44 The ministry cited Sviardlous previous arrest in June 2012when police
officers grabbed him off the street and forced him into a minibus, after which he served a 15-day
detention on the charge of using obscene languageas the reason for denying his application. On
March 26, 2013, the ministry denied accreditation, for the third time, to Belsat, the Warsaw-based
independent Belarusian-language satellite television channel and online news source, on the
grounds that Belarusian journalists reporting for the channel had violated Belarusian media laws.45
Additionally, journalists for Belsat have been continually harassed by the Belarusian authorities
through warnings and administrative arrests.
Another result of state pressure is self-censorship, which has become a pervasive phenomenon for
web-based media, especially state and commercial outlets. Online commentators and
administrators of web portals avoid posting content that might put them at odds with the
authorities. Many Belarusian websites and forums still practice pre-moderation of comments,
which discourages regular users and restricts communication. Under the Administrative Offences
Code, criminal code, and Decree No. 60, websites are not liable for users comments, but in
practice sites often face consequences for certain kinds of comments. Typically, users are warned in
the forum rules that they are responsible for their comments. Nevertheless, many site owners have
stated that they have been contacted by officials and businesspeople unhappy with comments.
Moreover, readers who are offended by comments often attribute blame to the website itself,
indicating that readers do not always make the distinction between the journalism content posted
by the website owners and commentary posted by unaffiliated users.46
During the parliamentary election campaign in the fall of 2012, a pro-governmental candidate
threatened the editor of Uzhorak, a local independent print and online newspaper in the Mogilev
region, for publishing an article on the newspapers website informing citizens that he had refused
to take part in a public debate with a local democratic candidate.47 He was especially unhappy with
users comments and demanded that the article be withdrawn from the website. The editor refused
to remove the online article. Moreover, it was later published in the newspapers print issue.
On November 10, 2012, an anonymous blogger posted a critical article about the director of the
local post office in Hlybokaye on Westki.info, a popular independent information resource for
43
CommentsonSuggestionstoMediaLaw,BelarusianAssociationofJournalists,January24,2013,
44
BelarusMediaLawOffersNoDefense,BelarusianAssociationofJournalists,February20,2013,
45
BelsatTVDeniedAccreditationAgain,BelarusianAssociationofJournalists,March23,2013,http://baj.by/en/node/20242.
46
VolhaPrudnikava,Bynet:rudenessisanissue,Belapan,August8,2012,
47
AndreiBorovko,[Volkovrefusedtotakepartinthedebates],Horki.info,August28,2012,
http://horki.info/news/88/2549.html.
BELARUS

northwestern Belarus. Westki.info is a regional media site and blogging platform, where anyone
can create a personal blog. Blogs and comments are not moderated. Even though the directors
name was not mentioned in the anonymous article or the comments, she contacted the websites
administrator and demanded the personal information and contact information of the blogs author,
as well as those of all critical commentators, as she was planning to sue them for slander. After
consultations with a lawyer, the Westki.info administrator removed the controversial post from the
site, but refused to turn over any personal information about the blogger and commentators.
The government is attempting to counter the gains in quality, popularity, and trust made by
independent civil society by increasing its own presence and influence online. Despite national,
regional, and local state agencies having an online presence, most government websites are
outdated, lack interactivity, and are not user-friendly.48 Local state websites usually have poor
designs, are not relevant, and draw few readers.49 A special governmental program was launched in
2010 to assist regional and local state newspapers in creating and promoting their websites. To
aggregate the content produced by local and regional state publications, a portal for their websites
was created at Belsmi.by.
While the total amount of funding provided to pro-government online media is unknown, the
authorities continue to increase support to the state-owned media as a whole, despite economic
stagnation. The 2013 state budget allocated 60 million ($77 million) in subsidies for state media,
19 million ($24 million) more than in 2012, including 46 million ($59 million) to TV and radio,
6 million ($8 million) to print outlets and publishing houses, and 7.5 million ($9.6 million) to
other mass media issues, though it is not clear which line items include online media.50
Media experts and website moderators see trollingthe use of inflammatory, extraneous and
provocative messagesas a major issue. Since the 2010-11 protests, the number of trolls and paid
commentators, and their disruptive activities, has significantly increased on independent websites,
the blogs of civic activists and commentators, and popular opposition communities on social
networks. Obscenities and rudeness continue to be a challenge for the Belarusian internet, often
making discussions on forums difficult.51
While massive, orchestrated commentary by provocateurs usually takes place around important
political and civic events, such as the silent protests in the summer of 2011, there are also agent
commentators whose job is to regularly post comments on major independent websites and
popular political social network communities. On May 2, 2012, an ad was published on
Freelance.ru, a job search website, seeking to hire people to write negative comments about the
opposition on the forum of Belaruspartisan.org, one of the most popular independent websites.
48
,[Statewebsitesareadecadebehind],TutiCiaper,January21,2013,
http://svabodaby.net/by/196/society/1693/.htm.
49
Authoritiescanliberalizemediamarketonlyatgunpoint,expertsays,Belapan,January17,2013,
50
60milliongoestostaterunmassmedia,BelarusianAssociationofJournalists,December19,2012,
51
VolhaPrudnikava,Bynet:rudenessisanissue,Belapan,August8,2012,
BELARUS

The ad was posted from an anonymous account with only an ICQ name as a contact.52 Several
similar ads were posted on the same site under the names of real people, who later claimed that
their accounts on social networks had been hacked and that they had nothing to do with the dubious
posts, sparking anger and threats from other users.53 After the independent media exposed this
trolling scandal, the ads were removed.
The governments growing attempts to control the internet can be explained by the internets
growing popularity as a source of information, even while traditional print and broadcast media
remained the main sources of news for most Belarusians in 2012-2013. According to an
independent nationwide survey conducted in May 2012, 34.3 percent of respondents said that they
use the internet as their primary source of information. In 2012, independent web-based media
continued to serve larger audiences than state-supported online outlets. According to the
Belarusian ranking service Akavita.by, most of the top 10 and a majority of the top 50 news and
information websites are run by independent or opposition groups.54 The daily audience of
Charter97.org, the most popular opposition website, has quadrupled since November 2010 to
more than 100,000 unique visitors a day.
Not only are greater numbers of Belarusians reading independent news, they also find it more
credible. An independent survey conducted in December 2012 found that more Belarusians trust
independent media than the state media (48.1 percent versus 38.1 percent). Trust in the state
media has dropped by 14.8 percent since December 2010.55 The government has been forced to
recognize the growing importance of independent online media. On January 15, 2013, President
Lukashenka surprised the public when he opened his annual press conference by addressing a
question raised on the popular independent website Gazetaby.com, even though its journalists were
not invited to the conference itself.56
The government also employs direct and indirect economic pressure to limit financial support for
independent media. A series of restrictive amendments to the Law on Public Associations and the
criminal code were passed secretly in October 2011 and came into force a month later. Of note
were provisions that made it a criminal offense for nongovernmental organizations (NGOs) to
receive foreign funding. Since most independent online media outlets are run as NGOs, the
amendments constitute a grave threat to Belarusian civil society, including free media.57
52
,,[Becomealukashistformoney,orTrollisdetected],UDF.by,May11,
2012,http://udf.by/news/main_news/59506stanlukashistomzadengiilitrolldetekted.html.
53
YahorMarcinovich,,,,[Lukashists,likeyourhusband,mustdie],NN.by,May11,
2012,http://nn.by/?c=ar&i=73256.
54
Topranker,Akavita.by,accessedonJanuary28,2013,
http://www.akavita.by/ru/top/All/Mass_Media_and_News/today/visitors/All/All.
55
Belarusianstrusttononstatemediarises,unliketostaterunmedia,BelarusianAssociationofJournalists,January8,2013,
http://baj.by/en/node/19052;AlyaksandrKlaskowski,Privatemediagaincredibility,Belapan,January1,2013,
56
KirillBukin,,[Lukashenkofirstofallansweredthequestion
ofSolidarity],Gazetaby.com,January15,2013,http://gazetaby.com/cont/art.php?&sn_nid=52702.
57
See:Belarus:OpenJointNGOLettertotheParliamentofBelarus,HumanRightsWatch,October20,2011,
http://www.hrw.org/news/2011/10/20/belarusopenjointngoletterparliamentbelarus.
BELARUS

Forced to operate in semi-underground conditions and experiencing constant pressure from the
authorities, independent online media and opposition websites are unable to monetize their
increasing audiences and growing popularity. During the first half of 2012, Belarus internet
advertising market rose by 20 percent and totaled over $2.7 million, up from $2.3 million in the
same period of 2011.58 But most independent news and information websites remain at an
economic disadvantage because state and private companies are afraid to advertise on them.
Moreover, there is an unwritten rule advising companies connected with the state that they should
not advertise in the independent media, including internet outlets. As a result, even the most
popular independent or opposition websites, such as Charter97.org and NN.by, generate little or
no advertising revenue. Since this ban exists only in the form of an oral recommendation, media
and human rights groups have been unable to oppose it.
Since the 2006 presidential election, independent websites, blogs, internet forums, and online
communities have played a significant role in educating citizens, turning out voters, monitoring the
polls, and mobilizing those protesting electoral irregularities. Beginning in 2010, social networks
have become an important tool for carrying out solidarity actions and organizing peaceful protests.
With the rapid rise of new media, independent online sources were able to compete with statecontrolled newspapers, radio, and television during the 2010 presidential and 2012 parliamentary
elections.
In 2012, pro-democratic forces significantly increased and diversified their presence and activities
in social networks. According to the digital marketing agency Ashwood Creative, as of December
2012, 28 of the top 30 Belarusian media communities on Facebook are run by independent media
and civil society groups.59 Despite crackdowns, hacking attacks, and the persecution of online
activists, numerous political communities are openly critical of the regime on VKontakte and
Facebook. Independent media, civil society organizations, the political opposition, and individual
citizens use the internet and other ICTs as tools for disseminating information, raising awareness
and mobilizing supporters. Online actions are often combined with offline activities, such as
demonstrations, meetings, flash mobs, political performances, underground exhibits, and
alternative concerts. The ongoing solidarity campaign with the countrys political prisoners
includes raising awareness on social networks, posting articles and banners on popular news
websites, and creating online petitions and appeals to national and international institutions, as well
as demonstrations and multimedia exhibitions.
Online petitioning became a popular form of civic activism in 2012. More than a dozen petitions
were created and carried out by Belarusian rights groups and individuals on Change.org alone,
addressing a gamut of issues, from the return of the body of Vladislav Kovalev (who was executed
in 2011) to his mother,60 to the protection of Belarusian wetlands from destruction.61 Petitions on
58
AlyakseyAreshka,Internetadvertisingmarketupby20percentinfirstsixmonthsofthisyear,Belapan,August11,2012,
59
Facebook,[RatingofBelarusianpagesonFacebookinDecember],Ashwood
Creative,accessedonJanuary29,2013,https://www.facebook.com/ashwoodcreative/app_152031511604374.
60
Petition:GiveVladsBodyBack,Change.org,accessedonJanuary29,2013,http://chn.ge/14cFyim.
61
AnastasiyaYanushewskaya,Over10,000signonlinepetitionagainstpeatmininginwetlands,Belapan,February1,2013,
BELARUS

simplifying visas, boosting local border traffic, preserving green spaces, reforming the election law,
and preserving historic sites were also launched by civil society.
The effective use of online media and ICT tools also helped citizens draw attention to and even
solve some pressing social issues, especially at the local level. In October 2012, several leading
independent news sites wrote about the construction of an entertainment complex on the territory
of Kurapaty, a forest on the outskirts of Minsk containing the graves of victims of Stalinist
repression.62 These articles generated a great deal of public discussion and outrage. An online
petition to stop the construction of the brothel Bulbash Hall in Kurapaty was posted on
Change.org and signed by almost 4,500 people.63 A campaign against the project was also launched
via social networks. As a result, the General Prosecutors Office conducted an inspection, which
revealed serious planning violations, and decided to halt the construction.64 According to recent
statements by state officials, a memorial will be built there instead of the entertainment center.
In September 2012, the crowdsourcing platform Electby.org was used to monitor parliamentary
election violations (it was launched prior to the 2010 presidential elections). In the course of one
week, voters and observers sent in 528 testimonies on a variety of violations. This past year, the
monitoring was conducted in close cooperation with independent observation groups, making the
mapping more accurate. Electby.org moderators were able to verify 44 percent of all messages
received via different sources.65
Since Belarusian users have regular access to most online resources under normal circumstances
blacklisted sites are blocked only in public facilities, not private offices or householdsthey
generally have not employed proxy servers or other circumvention tools, leaving them vulnerable
during politically sensitive periods when targeted disruptions occur. Circumvention tools have not
been blocked by the authorities. Most often, people are reminded about blocking, hacking, trolling,
and phishing only when it takes place.66

While the overall level of repression decreased over the past year due to the lack of mass social
protests such as those in 2011, the repression of online users became more targeted in 2012-2013.
All three criminal cases involving the media during this period were for instances of online
activism. Extralegal harassment and intimidation of online users has also increased.
62
,[Thedeadlookatcelebrationoflife],Novychas.info,October24,2012,
http://novychas.info/hramadstva/pamierlyja_hliadziacj_na_sviat.
63
http://chn.ge/1bhDs2F,accessedonJanuary29,2013.
64
,[HowInternetdefeatedBulbashHall],NN.by,December4,2012,
http://nn.by/?c=ar&i=101189&lang=ru.
65
Electby,http://electby.org/,accessedonMay13,2013.
66
YahorKanapkin,Skype[ThroughthebuginSkypeprotectionaccounts
havebeenmassivelystolen],Generation.by,November14,2012,http://generation.by/news5764.html.
BELARUS

While the right to information and freedom of expression are guaranteed by the Belarusian
constitution, they remain severely restricted and violated in practice. Formally, there are no laws
ascribing criminal penalties or civil liability specifically for online activities, but since 2007 the
government has employed a series of repressive lawsmainly defamation lawsthat target
traditional media to stifle critical voices online. The 2008 Law on Media identified online news
outlets as mass media. According to this law, the Council of Ministers was supposed to further
specify criteria for defining which websites belong to the category of mass media, as well as the
procedures for their registration.67 To date this clarification has not taken place. Therefore, at the
moment, online news outlets are not obliged to obtain state registration as mass media.
In October 2011, the government introduced, and the parliament approved, an antirevolutionary package of amendments to laws regulating civic organizations and political parties, as
well as to the criminal code. These amendmentswhich apply to internet-based media outlets
further criminalize protest actions, make receiving foreign funding a criminal offense, and extend
the authority of the KGB. Under the amendments, the KGB is now freed from the oversight of
other state bodies and has powers previously granted only during a state of emergency, including
the right to enter the homes and offices of any citizen at any time without a court order.68
While the repression of media practitioners and civic activists decreased in 2012, the persecution
became more targeted. According to the Viasna Human Rights Center, there were 233 cases of
politically-motivated administrative persecution (arrests, detentions, and fines) documented in
2012, including 104 arrests for terms ranging from 1 to 15 days.69 In 2012, the Belarusian
Association of Journalists registered approximately 60 cases of detentions of journalists,
independent press distributors, and members of social networks by representatives of different lawenforcement bodies. Detained media practitioners were usually released within 2-3 hours. There
were, however, cases in which media workers were taken to court and sentenced to fines and
terms of imprisonment (up to 15 days) under administrative law. In 2012, at least 13 journalists
were officially warned by public prosecution offices for cooperating with foreign media without
valid press credentials.70
In the past year, each of the major cases of criminal prosecution against media practitioners
concerned internet publications. The most prominent case concerned the outspoken journalist
Andrzej Poczobut, who in the last three years has been repeatedly detained, fined, and placed
under administrative arrest. In 2011, he was convicted and received a three-year suspended
sentence for insulting the president of Belarus in a series of articles posted online, including on the
websites of the Polish daily Gazeta Wyborcza and Belaruspartisan.org, as well as on his LiveJournal
blog. In June 2012, Poczobut was detained again for slandering the president in articles written on
67
LawoftheRepublicofBelarusNo.427ofJuly17,2008,OnMassMedia,availableinRussianat
http://www.mininform.gov.by/documentation.
68
Belarushasadoptedantirevolutionaryamendmentstothelegislation,HumanRightsHouse,October20,2011,
http://humanrightshouse.org/Articles/17082.html.
69
[Administrativepersecution],ViasnaHumanRightsCenter,accessedonMay12,2013,
http://spring96.org/persecution/?DateFrom=20120101&DateTo=20121231&ArrestFrom=1&ArrestTo=15&Page=0.
70
MassMediainBelarus2012:ABriefReviewandAnalysis,BelarusianAssociationofJournalists,February11,2013,
http://baj.by/en/monitoring/85.
BELARUS

the opposition websites Charter97.org and Belaruspartisan.org.71 During the politically-motivated
investigation into his writings, Poczobut could not leave his city of residence. If convicted, he
would have faced up to seven years in prison.72 On March 15, 2013, the Investigative Committee
closed the case against Mr. Poczobut, having found no legitimate evidence of the alleged crime.73
On July 4, 2012, as part of a publicity stunt carried out by the foreign advertising agency Studio
Total, two Swedish pilots flew across the Belarusian border in a small plane and dropped hundreds
of teddy bears with messages in support of solidarity and freedom of speech. On July 13, Anton
Surapin, a 20-year-old journalism student who posted the first photos of the teddy bears on his
website Belarusian News Photos, was arrested and spent over a month in a KGB prison for
allegedly assisting foreign citizens in illegally crossing the Belarusian border. On August 17,
Surapin was released, but the charges against him have not been lifted.74 Amnesty International
included Surapins case in its top 10 most absurd and unjust arrests of 2012.75 Additionally, when
Surapins independent media colleagues launched a solidarity campaign on his behalf that involved
posting photographs of individuals holding messages of support, two individuals were arrested and
fined for unsanctioned picketing in the form of photography.76
On August 17, the journalist and civic activist Mikalay Petrushenka was criminally charged with
defaming an Orsha public official in an article published on the Vitebsk-based Nash-dom.info
website. The criminal proceedings were dropped on October 17, 2012.
In December, the prosecutors office issued a warning to a democratic activist from Rahachou
concerning his articles published on a local independent website. The prosecutor claimed that the
activists posts contained inaccurate information about the political and economic situation in
Belarus, thus violating several articles of the criminal code regarding insulting and discrediting the
Republic of Belarus.77
In January 2013, three human rights defenders from Hrodna were convicted and fined for an
unauthorized demonstration. The case was based on a photo posted on the website of the Viasna
71
Officialinformation:Poczobutaccusedoflibelagainstthepresident,BelarusianAssociationofJournalists,June22,2012,
72
PoczobutscaseextendedtillDecember2012,BelarusianAssociationofJournalists,November21,2012,
http://baj.by/en/node/18464;AdditionallinguisticexpertiseinPoczobutscase,BelarusianAssociationofJournalists,
November29,2012,http://baj.by/en/node/18590.
73
Poczobutscaseclosed,BelarusianAssociationofJournalists,March15,2013,http://baj.by/en/node/20026.
74
FreelancerAntonSurapintakentoquestioning,BelarusianAssociationofJournalists,July13,2012,
http://baj.by/en/node/1299;KGBbringschargesoverteddybeardrop,BelarusianAssociationofJournalists,August7,2012,
http://baj.by/en/node/13098;AntonSurapinisfree,BelarusianAssociationofJournalists,August17,2012,
75
10absurdandunjustarrestsof2012,AmnestyInternational,December26,2012,http://blog.amnestyusa.org/musicand
thearts/10absurdandunjustarrestsof2012.
76
DarashkevichandKozikfined3millionBreachforunlawfulpicket,BelarusianAssociationofJournalists,August9,2012,
77
Rachahouactivistreceivesawarningovercontributingtoindependentwebsite,BelarusianAssociationofJournalists,
December29,2012,http://baj.by/en/node/18996.
BELARUS

Human Rights Center, which showed them holding the portrait of political prisoner Ales Bialiatski
and a copy of the Universal Declaration of Human Rights.78
In September 2012, the Belarusian government lifted a travel ban that had been placed on
journalists, civic activists, and opposition politicians. Beginning in March 2012, a significant but
unknown number of individuals, including practitioners working within online media, were banned
from traveling abroad.79 This violation of freedom of movement was allegedly a reaction to the
extension of the European Unions visa ban list of Belarusian officials involved in the 2010-2011
repression. After removing the ban in September, the Citizenship and Migration Department
explained it away as a software glitch.80
While the authorities have long used petty charges to prosecute civic activists and independent
reporters, this technique was increasingly applied against online activists in 2012-2013. Charges of
petty hooliganism (Article 17.1 of the administrative code) were used to detain and arrest a
number of online activists.81 For example, on May 7, 2013, in two separate court hearings, the
blogger Dzmitry Halko and journalist Aliaksandr Yarashevich were found guilty of alleged petty
hooliganism and disobeying the police (Article 23.4) and were sentenced to 10 and 12 days of
arrest, respectively. Both were detained the night before near the Akrestina detention center in
Minsk, where civil activists, politicians, and other journalists had gathered to meet those arrested
during the April 26 Chernobyl March.82 For Yarashevich, this was the second arrest in a fortnight.
On April 26, he and journalist Henadz Barbarych were detained for allegedly disobeying the police.
On April 29, the Soviet district court of Minsk sentenced the journalists to three days of
administrative detention (which they had almost served by the end of the trial) in spite of obvious
contradictions and blatant discrepancies in the testimonies of policemen.83
Individuals are required to present their passports and register when they buy a SIM card and obtain
a mobile phone number. All telecommunication operators are obliged to install real-time
surveillance hardware, which makes it possible to monitor all types of transmitted information
(voice, mobile text message and internet traffic) as well as obtain other types of related data (such
as user history, account balance, and other details) without judicial or other independent oversight.
Mobile phone companies are required to turn over personal data of their customers at the
governments request.
78
Hrodna:Humanrightsdefendersgetfined4.5millionrublesforaphotoontheweb,Spring96.org,January8,2013,
http://spring96.org/en/news/60388.
79
ForBelarusianAssociationofJournalistsreactiontotherestrictiononjournaliststravel,seehttp://baj.by/en/node/11459.
80
MassMediainBelarus2012:ABriefReviewandAnalysis,BelarusianAssociationofJournalists,February11,2013,
http://baj.by/en/monitoring/85.
81
Belarus:PullingthePlug,IndexonCensorship,p.1011,http://www.indexoncensorship.org/wp
82
JournalistsSentencedto10and12DayArrest,BelarusianAssociationofJournalists,May7,2013,
83
AprotestofBAJagainstarbitrarydetentionsofjournalists,BelarusianAssociationofJournalists,May8,2013,
BELARUS

Since 2010, the Belarusian government has allocated resources for online surveillance
technologies.84 In 2012, there were reports of Western firms supplying telecommunications
hardware and software that would allow the state to expand its surveillance of citizens. A report by
Index on Censorship states that the Swedish telecom companies TeliaSonera and Ericsson are
possible purveyors of this type of equipment, working through Turkish and Austrian firms that are
part-owners of Belarusian mobile telephone companies. The report also noted that the German
police had trained their Belarusian colleagues to use software that could track communications in
social networks.85
Russian surveillance technologies are also employed in Belarus. In March 2010, Belarus acquired
the SORM (system for operational-investigative activities) surveillance system, and has reportedly
also purchased other Russian surveillance software that is designed to allow for monitoring of social
networks.86
Decree No. 60 requires ISPs to maintain records of the traffic of all internet protocol (IP)
addresses, including those at home and at work, for one year. As a result, the state can request
information about any citizens use of the internet. As of 2007, internet cafes are obliged to keep a
year-long history of the domain names accessed by users and inform law enforcement bodies of
suspected legal violations.87 In December 2012, the Council of Ministers abolished the requirement
that the customers of internet cafes must present their passports. Instead, cybercafe employees are
required to take pictures of or film visitors.88 This regulation, On personal identification of
internet cafe users, came into legal force on January 28, 2013.89 Restaurants, cafes, hotels, and
other entities are obliged to register users before providing them with wireless access, whether free
of charge or paid.90
On July 17, police searched the apartment of the editor of the local independent website Orsha.eu.
The editors computer and memory cards were confiscated on suspicion that the website contained
a link to another website with pornographic content. The equipment was returned five months
later without any explanation.91 In August, a correspondent of another independent regional
84
20112015[MeasuresonimplementationoftheNationalprogramofaccelerated
developmentofinformationandcommunicationtechnologiesfor20112015],http://www.mpt.gov.by/File/Natpr/pril1.pdf.
85
Belarus:PullingthePlug,IndexonCensorship,p.1617,http://www.indexoncensorship.org/wp
86
AndreiSoldatovandIrinaBorogan,RussiasSurveillanceState,WorldPolicyInstitute,Fall2013,
http://www.worldpolicy.org/journal/fall2013/Russiasurveillance.
87
[CouncilofMinistersoftheRepublicofBelarus.Regulationsoncomputerclubsandinternetcafefunctioning],Pravo.by,April
29,2010,http://pravo.by/webnpa/text.asp?start=1&RN=C20700175.
88
AlyakseyAreshka,AuthoritiesscrappassportrequirementforInternetcafesvisitors,Belapan,December27,2012,
89
Passportidentificationincybercafestobecomeobsolete?,BelarusianAssociationofJournalists,January29,2013,
90
Includingtheusersname,surname,typeofID,IDnumber,andnameofthestatebodywhichissuedtheID,asper
Article6oftheRegulationoncomputerclubsandinternetcaffunctioning,
http://pravo.by/main.aspx?guid=3871&p0=C20700175&p2={NRPA}.
91
Equipmentgivenbackafter5monthscheckup,BelarusianAssociationofJournalists,November29,2012,
BELARUS

website was summoned to the prosecutors office and questioned about an article by a local
opposition leader, which called for a boycott of the 2012 parliamentary elections and was published
on Westki.info. The prosecutor threatened the journalist with administrative responsibility for the
article, despite the fact that it was authored by another person.92
Instances of extralegal intimidation and harassment for online activities continued to take place in
2012-2013. In April 2012, a girlfriend of one of the leaders of the Revolution Through Social
Networks internet group, which organized the 2011 silent protests, was taken from her
apartment by plainclothes police officers, interrogated for eight hours, threatened with death,
forced to record a video slandering her boyfriend Viachaslaw Dziyanau and herself, and was tried
and fined for hooliganism. While leaving the country after the process, she was body-searched
and her laptop and other electronic devices were confiscated at the border.93 On May 8, 2012, a
customer was kicked out of an internet cafe in Minsk, insulted, and beaten up by the police for
reading the Charter 97 website.94
In 2012, the authorities continued to harass active users of opposition communities on social
networks. On August 30, the KGB raided the apartments and detained the administrators of the
We Are Sick of Lukashenka online community, one of the largest on VKontakte. Created on the
eve of the 2010 presidential election, the group numbered 37,000 users, mainly 15 to 25 years old,
by August 2012. On the same day, the apartments of the administrators of a second community
were also raided. Known as Only ShOS, which stands for Wish He would Die, this community
had 15,000 members. The young activists were interrogated for four hours, threatened, and
beaten. Two were incarcerated for five to seven days for hooliganism, while the rest were
released. Simultaneously, hackers gained access to both online communities and removed their
content.95 Nevertheless, the moderators created a backup VKontakte group, which already
numbers more than 4,000 users.
On February 17, 2013, two Belarusian students on their way back from Warsaw, where they
participated in a meeting dedicated to the Day of Belarusian Wikipedia, were detained in Brest.
The students were questioned and their personal belongings were inspected. The students were
released several hours later.96
92
,,[KastusShytalinterrogatedbythe
prosecutorofficeaboutthepublicationmentioningboycott],Wetski.info,August13,2012,
http://westki.info/artykuly/13588/kastusyashytalyaraspytvaliuprakuraturyprapublikacyyuuyakoyzgadvausyabaykot.
93
:,[Lavyshak:Iwasthreatenedtobetakentotheforestandshot
there],Svaboda.org,May4,2013,http://www.svaboda.org/content/article/24569492.html;"Thepolicethreatenedtotake
metothewoodsandshoot",http://udf.by/english/mainstory/59240thepolicethreatenedtotakemetothewoodsand
shootphoto.html.
94
97,[PolicebeataVitebskcustomerkforreadingtheCharter97
website],Charter97.org,accessedonFebruary2,2013,http://charter97.org/ru/news/2012/5/8/51879/pf.
95
IrynaLewshyna,Twoyoungmenlinkedtooppositiononlinecommunitiesgetjailterms,Belapan,August31,2013,
http://en.belapan.com/archive/2012/08/31/571400_571404.
96
[Detainedstudentswikipedistswerereleased],Svaboda.org,February
17,2013,http://www.svaboda.org/content/article/24904651.html.
BELARUS

One observer suggests that the August crackdowns were related to appeals for a public boycott of
the September 2012 parliamentary elections, which the government considered to be both illegal
and a threat to its legitimacy. First embraced by some opposition political parties, the calls for a
boycott were taken up and advocated for by some internet communities.97 Dunja Mijatovic, the
OSCE Representative on Freedom of the Media, condemned the persecution and noted that they
show continued efforts to muzzle dissenting voices and clamp down on freedom of expression
online."98
Instances of technical attacks against the websites of independent media and civil society groups
have continued to grow. Trojans are often used to spy on opposition activists and the independent
media. In April, Iryna Khalip, a prominent Belarusian journalist and correspondent for the Russian
newspaper Novaya Gazeta, received an infected file from an unknown user via Skype. The file posed
as a photo of a document with a list of questions to be discussed during an urgent government
meeting concerning the fate of her then imprisoned husband, former presidential candidate Andrei
Sannikov. This Trojan, sent by an unknown user, was investigated by independent experts and
found to have successfully infected 14 other computers, most of which belonged to Belarusian
opposition politicians and civic activists.99
A similar tactic was used against the independent trade union of the Belarusian Radio and
Electronics Workers (REP). After the Skype and e-mail accounts of its leaders were hijacked with
Trojan software, the hackers pretended to be REP representatives and contacted the unions Danish
partners in an attempt to obtain financial information regarding joint projects. This attack coincided
with the confiscation of a laptop of a REP activist, Andrej Strizhak, by border control officers, and
with verbal attacks against REP by state officials.100
From July through August 2012, the website of Platform, an organization defending the rights of
prisoners, experienced repeated distributed denial-of-service (DDoS) attacks. On August 7, 2012,
the site was inaccessible for six hours. On the same day, the deputy director of the organization was
detained near her house for allegedly using bad language in public.101 On August 31, 2012,
unknown persons hacked the blog of the prominent opposition politician Viktar Ivashkevich on the
popular news website Belaruspartisan.org. A text insulting Iryna Khalip was posted on the blog on
behalf of Ivashkevich.102
97
VadzimSmok,InternetActivismUnderSiegeinBelarus,BelarusDigest,September11,2012,
http://belarusdigest.com/story/internetactivismundersiegebelarus11112.
98
TanyaKorovenkova,OSCEmediafreedomrepresentativeconcernedaboutcrackdownononlinedissentinBelarus,
September4,2012,http://en.belapan.com/archive/2012/09/04/en_15260904H.
99
,[CharterunveiledanotherTrojanspreadbyintelligence],NN.by,April25,
2012,http://nn.by/?c=ar&i=72400.
100
,[SkypeandemailaccountofREPtradeunionhacked],Pracaby.info,
August7,2013,http://www.pracaby.info/cont/art.php?&sn_nid=4805&sn_cat=1.
101
,[Platformawebsitewasattackedagain],Svaboda.org,August7,2012,
http://www.svaboda.org/content/article/24669047.html.
102
IrynaLewshyna,Twoyoungmenlinkedtooppositiononlinecommunitiesgetjailterms,Belapan,August31,2013,
http://en.belapan.com/archive/2012/08/31/571400_571404.
BELARUS

On April 2, 2013, the website of the Mogilev branch of the Viasna Human Rights Center was
hacked and a fake article, containing threats by a human rights defender against an independent
journalist, was posted.103 On April 2326, 2013, four independent websites were hacked. On
April 23, the Charter 97 website experienced a DDoS attack and ceased to function for an hour.
The attacker was not identified, but Charter 97 attributed the attack to the Belarusian special
services.104 On the morning of April 25, Belaruspartisan.org was attacked and a threatening letter
from anonymous hackers was posted on the site.105 In the evening of that same day, the Viasna
Human Rights Center website was hacked. Several publications posted on the site were distorted
after attackers gained unauthorized access. The attack affected all three language versions of the
site.106 On April 26, the website of the Belarusian Association of Journalists also experienced a
DDoS attack, which started half an hour after an article was published titled, Why independent
websites are being hacked.107
Belarusian criminal law prohibits these types of technical violence. Specifically, Article 351 of the
Criminal Code, covering computer sabotage, stipulates that the premeditated destruction,
blocking, or disabling of computer information, programs, or equipment is punishable by fines,
professional sanctions, and up to five years in prison.108 A special department at the Ministry of
Internal Affairs is tasked with investigating such crimes. In reality, a number of the attacks on the
independent websites and personal accounts of democratic activists have been linked to the
authorities. The government has stated its intention to accede to the Council of Europes
Convention on Cybercrime, but it has made no move to sign on to the Convention for the
Protection of Individuals with regard to Automatic Processing of Personal Data.109
103
[Humanrightsdefendersmadea
statementinconnectionwiththehackersattackonMogilevViasnawebsite],BelarusianAssociationofJournalists,April4,
2013,http://baj.by/be/node/20342.
104
Charter97underattack,Charter97,April23,2013,http://charter97.org/en/news/2013/4/23/68349.
105
Belaruspartizanwebsitecracked,BelarusianAssociationofJournalists,April25,2013,http://baj.by/en/node/20617.
106
Viasnaswebsiteresumesworkafterhackerattack,Viasna,April26,2013,http://spring96.org/en/news/62869.
107
[BAJswebsiteexperiencedhackersattack],Gazetby.com,April26,2013,
http://gazetaby.com/cont/art.php?sn_nid=56172.
108
:,[Beltelecom:Independentwebsites
couldbeblockedbyotherorganizations],Charter97,January10,2008,http://www.charter97.org/ru/news/2008/1/10/2905.
109
CouncilofEurope,ConventionfortheProtectionofIndividualswithregardtoAutomaticProcessingofPersonalData,1
January1981,http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=108&CL=ENG.
BELARUS
BRAZIL
2012

Total (0-100)
2013
PARTLY
FREE FREE
7
6
14
27
7
8
17
32


Brazils Electoral Law, which prohibits online media and traditional broadcasters from
focusing on candidates for three months prior to an election, took center stage ahead of
the October 2012 municipal elections, resulting in increased takedown notices and
prosecutions of users found in violation of the law (see LIMITS ON CONTENT).
High-profile cases of intermediary liabilityincluding criminal charges against Google
executivesattracted international attention in 2012 and 2013 (see LIMITS ON
CONTENT).
Retaliatory violence and intimidation of online journalists and bloggers increased in late
2012 and early 2013. Eduardo Carvalho, owner and editor of the Ultima Hora News
website, was murdered in November 2012 in connection with his online work (see
VIOLATIONS OF USER RIGHTS).
Brazils cybercrime law went into effect and its reconfigured Azeredo Bill, which
establishes a framework for judicial takedown notices, was approved in April 2013 (see
BRAZIL

INTRODUCTION
Brazil, which was first connected to the internet in 1990, has made significant gains in expanding
internet access and mobile phone usage in recent years, offering tax incentives to the purveyors of
information and communication technologies (ICTs) for continued investment in Brazilian
infrastructure, and providing public access points (LAN houses) to citizens in order to facilitate
internet connectivity.1 Despite such notable progress in increasing ICT availability, particularly via
mobile technologies4G services were introduced to Brazil in late April 2013Brazil still faces
challenges in its quest to reach internet penetration rates commensurate with the countrys
economic wealth.
According to the International Telecommunication Union (ITU), Brazils internet penetration rate
falls below the average enjoyed by North American and European countries, as does the number of
Brazilian households with computers. Among the primary reasons for these deficiencies are faulty
infrastructure, social inequality, and poor education. In order to combat such issues, the federal
government has executed several national policies over recent years, resulting in an increase in
social network activity and internet-mediated civic participation.2
There is no evidence of the Brazilian government employing technical methods to filter or
otherwise limit access to online content; however, it does frequently issue content removal
requests to Google, Twitter, and other social media companies. Such requests increased in 2012
ahead of Brazils municipal elections, with approximately 235 court orders and 3 executive requests
imploring Google to remove content that violated the electoral law.3 The laws prohibition of any
content that ridicules or could offend a candidate directly impacted freedom of online expression
and played a pivotal role in two highly publicized cases of intermediary liability extending to
Google executives. Law 9.054 prohibits online and traditional media from publishing stories about
candidates for three months prior to elections. It also bans candidates from advertising on the
internet for the same period of time unless they are contenders for the office of president.4
Additional challenges to online expression in 2012 and 2013 came from civil defamation suits,
increasing violence against bloggers and online journalists, and legal action by the judiciary and
government officials. The penalties for such charges extend to content removal and fines. Brazil has
1
RobertHobbesZakon,HobbesInternetTimelinev8.2,ZakonGroupLLC,accessedAugust11,2010,
http://www.zakon.org/robert/internet/timeline/;TadaoTakahashi,ed.,SociedadedaInformaonoBrasil:LivroVerde
[InformationSocietyinBrazil:GreenBook](Brasilia:MinistryofScienceandTechnology,September2000),
http://www.mct.gov.br/index.php/content/view/18878.html;NationalEducationandResearchNetwork(RNP),Mapado
Backbone[MapofBackbone],accessedAugust11,2010,http://www.rnp.br/backbone/index.php.
2
Cetic.br,CommunicationTechnologies,pg.236,February15,2013,http://www.nic.br/english/activities/ceticbr.htm.
3
SarahLaskow,Googlevs.Brazil:WhyBrazilHeadsGooglesListofTakedownRequests,April29,2013,ColumbiaJournalism
Review,http://www.cjr.org/cloud_control/brazilian_takedown_requests.php?page=all&print=true.
4
http://www.article19.org/data/files/pdfs/press/brazilproposedelectorallawrestrictsinternetfreedom.pdf;Seealso:Article
19,PressRelease:Brazil:ProposedElectoralLawRestrictsInternetFreedom,September14,2009,
http://www.article19.org/data/files/pdfs/press/brazilproposedelectorallawrestrictsinternetfreedom.pdf,andGabriel
Elizondo,BrazilianElectionsNoJokeLiterally,August252010,AlJazeera,
http://blogs.aljazeera.com/blog/americas/brazilianelectionsnojokeliterally.
BRAZIL

also witnessed an ongoing trend in which private litigants and official bodies sue internet service
providers (ISPs) and ask for takedown notices to be sent to blogging and social-networking
platforms. As Brazil rises to the level of other leading global economies and comes closer to a
networked society, issues such as cybercrime and distributed denial-of-service (DDoS) attacks,
access to public information, election campaigning on the internet, and intellectual property
protection are increasingly in the spotlight.
Although 2012 was witness to positive legislation regarding cybercrimes, the right to information,
and open governmental action plans, frustration has surrounded Brazils Marco Civil Bill, also
known as the Civil Rights Framework for the Internet, introduced to Congress in August 2011.
Congressional vote on this policywhich aims to guarantee access to the internet, safeguard
freedom of speech and communication, protect privacy and personal data, and preserve net
neutrality, among other provisionswas postponed five times during 2012. As of May 2013, a
vote had not yet occurred.5 The main barrier to passage of the Marco Civil Bill has been Brazils
telecom lobby, which objects to some of the provisions regarding net neutrality.
OBSTACLES TO ACCESS
Although development of information and communication technologies (ICTs) has increased in
recent years, Brazil still lags behind many developing countries in terms of relative proportion of
citizens with internet access.6 Widespread adoption of household internet services has been
hindered by high costs, low quality, and regional infrastructural disparity. Despite these challenges,
a number of government initiatives predicated on increasing national internet penetration have
begun to bear fruit. The countrys mobile sector is thriving, and Brazilians are increasingly turning
to smartphones to connect to the internet. As of mid-2013, Brazil was home to the largest mobile
phone market in Latin America.7
Internet penetration varies greatly among different geographical regions in Brazil due to
inconsistent infrastructure; access also varies from urban to rural areas. In 2012, Brazils aggregate
penetration rate was 50 percent.8 The latest figures from the Brazilian Internet Steering Committee
portray disparate figures in urban versus rural areas: household penetration was measured at 43
percent in urban zones, compared to 10 percent in rural areas. Internet access is also less
widespread in urban areas in the Northeast (22 percent penetration) than in the Southeast (49
MuriloRoncolato,MarcoCivilAdiadoPelaQuintaVez[MarcoCivilisPostponedfortheFifthTime]Link(blog),February
15,2013,http://blogs.estadao.com.br/link/marcocivileadiadopelaquintavez/.
6
InternationalTelecommunicationUnion(ITU),PercentageofIndividualsUsingtheInternet,2011,http://www.itu.int/ITU
D/ICTEYE/Indicators/Indicators.aspx#;andFixed(wired)BroadbandSubscriptions,
http://www.itu.int/ITUD/icteye/Reporting/ShowReportFrame.aspx?ReportName=/WTI/InformationTechnologyPublic&ReportF
ormat=HTML4.0&RP_intYear=2011&RP_intLanguageID=1&RP_bitLiveData=False.
7
SergioSpagnuolo,BrazilLaunches4GWirelessServicewithFewSmartphoneOptions,Reuters,April17,2013,
http://www.reuters.com/article/2013/04/17/braziltelecomsmartphonesidUSL2N0D32ON20130417.
8
InternationalTelecommunicationUnion(ITU),Statistics:PercentageofIndividualsUsingtheInternet,20002012,ITU,June17,
2013,http://www.itu.int/en/ITUD/Statistics/Documents/statistics/2013/Individuals_Internet_20002012.xls.
BRAZIL

percent penetration).9 Although the number of broadband connections is increasing as prices begin
to fall, widespread adoption of high-speed household connections has been delayed by a lack of
infrastructure and a market dominated by major telecommunications and cable companies.
There are no specific legal or economic restrictions related to operating ISPs, mobile, or other
digital technology providers, yet the Brazilian market remains highly concentrated. As of the fourth
quarter of 2012, four companiesOi, NET, Telefonica, and GVTaccounted for roughly 90
percent of the countrys broadband market.10 Fixed broadband technology, such as DSL and cable,
accounts for 68 percent of household internet connections in Brazil. While mobile broadband,
measured at 18 percent, is still in the minority, such technology now accounts for most new
household broadband connections. In 2011, mobile broadband subscriptions exceeded dial-up
connections for the first time, indicating that Brazil is following global broadband growth trends.11
Public paid access centersalso known as local area network, or LAN, housesare the primary
means of internet access for low income Brazilians in many regions, providing access to nearly 68
percent of those from the lowest income brackets.12 A report from the Brazilian Internet Steering
Committee noted a 10 percent decrease in use of LAN houses for internet access between 2011 and
2012. Nonetheless, such access points remain relevant to digital inclusion in Brazil, particularly in
the northernmost regions of the country, where they are the second most commonly used means of
connection after households.
Six private companies dominate Brazils mobile sector, the largest four of whichOi, TIM, Claro,
and Vivocontrol over 99.8 percent of market share.13 Mobile penetration has grown significantly
over the past five years, increasing by an average of 19 percent annually, and reaching 145 percent
by the end of 2012.14 Smartphone sales also increased by 77 percent in the first half of 2012 as
compared to the same period in 2011.15 Given such growth, Reuters forecasts that Brazil will
become the fifth largest smartphone market in the world by the end of 2013.16
Investment in mobile technology is further increasing due to the perceived demands of the World
Cup, which will be hosted by Brazil in 2014. The countrys four largest mobile providers each
9
BrazilianInternetSteeringCommittee(CGI.br),SurveyontheUseofInformationandCommunicationTechnologiesinBrazil
2011,pg.436,onFebruary,15,2013,http://op.ceptro.br/cgibin/cetic/ticdomicilioseempresas2011.pdf.
10
Teleco,Seo:BandaLargaMarketSharedeBandaLarganoBrasil[Section:BroadbandMarketShareofBroadbandin
Brazil],January20,2013,http://www.teleco.com.br/blarga.asp.
11
BrazilianInternetSteeringCommittee(CGI.br),ICTHouseholdsandenterprises2011SurveyontheuseofInformationand
CommunicationTechnologiesinBrazilpg.358,AccessedFebruary20,2013,http://bit.ly/Poj2ue.
12
BrazilianInternetSteeringCommittee(CGI.br),SurveyontheUseofInformationandCommunicationTechnologiesinBrazil
2011,pg.436,onFebruary,15,2013,http://op.ceptro.br/cgibin/cetic/ticdomicilioseempresas2011.pdf.
13
Teleco,Seo:TelefoniaCelularOperadorasdeCelular,Jun/10[Section:CellularTelephonyCellularOperators,June
2010],AccessedFebruary,2013,http://www.teleco.com.br/mshare.asp.
14
Budde.com,BrazilTelecoms,Mobile,BroadbandandForecasts2012,Budde.com,AccessedFebruary2013,
http://www.budde.com.au/Research/BrazilTelecomsMobileBroadbandandForecasts.html?r=51.
15
Teleco,Seo:TelefoniaCelularEstatsticasdeCelularesnoBrasil[Section:CellularTelephonyStatisticsofCellular
TelephonesinBrazil],February6,2012,http://www.teleco.com.br/ncel.asp;Seealso:RobertaPrescott,Braziliansmartphone
salesincrease77%to6.8millionin1H12,September14,2012,http://bit.ly/PBrRTj.
16
SergioSpagnuolo,BrazilLaunches4GWirelessServicewithFewSmartphoneOptions,Reuters,April17,2013,
http://www.reuters.com/article/2013/04/17/braziltelecomsmartphonesidUSL2N0D32ON20130417.
BRAZIL

began offering 4G services in April 2013 ahead of the Confederations Cup17 and each company has
signed an agreement with National Telecommunications Agency ANATEL to provide 50 percent
coverage in major cities by June 2013.18 It is likely that the timing of this agreement (which
required that the companies be 4G ready ahead of the Confederations Cup) was conceived in order
to provide the technology ample time for adoptionas well as a trial runbefore the World Cup.
Despite high hopes that 4G will elevate Brazils technological capacity, consumer advisory board
Reclame has advised consumers that the expensive new service is unlikely to live up to its potential
until infrastructure is improved. Such a prediction is unsurprising given that 40 percent of mobile
phone users are reportedly unhappy with the quality of their current 3G coverage.19
In recent years, the Brazilian Government has initiated multiple programs to connect the
population to the internet. The National Broadband Plan, for example, launched in 2010, aims to
triple broadband access by 2014.20 An increase in ICTs over the past few years, along with an
attendant increase in the number of internet users, has also encouraged governmental agencies to
improve the accessibility and quality of information available on institutional websites.21 In
February 2012, the government announced a series of planned investments and tax incentives
intended to expand various ICT and technological capabilities throughout the country. The
development portion of the plan includes the expansion of the national fiber-optic cable from
11,000 to 30,000 km, the renewal of the One Laptop per Child program, and the extension of
broadband technology to an additional 13 million households.22 It was also reported that tax
incentives would apply to various technologies, including tablets, which would be distributed to
public school teachers, presumably to increase digital literacy in classrooms. Following reports that
tablets would benefit from tax incentives, sales increased by 127 percent.23 Incentives were also
extended to telecom companies in exchange for an agreement to invest $8 billion in Brazilian ICT
infrastructure by 2016.24
Brazils digital information landscape is largely unrestricted. Brazilians freely gather information
from the internet, as well as through mobile phone technology and other ICTs. They also have
access to a wide array of national and international news sources, blogs, social-networking
17
Telecompaper,OiLaunches4GServicesinRiodeJaneiro,April26,2013,Telecompaper.com,
http://www.telecompaper.com/news/oilaunches4gserviceinriodejaneiro939998.
18
BenTavener,4GDataServicesLaunchedinRio,TheRioTimes,April26,2013,http://riotimesonline.com/brazilnews/rio
business/4gservicesmobilelaunchedinrio/.
19
AngelicaMari,WeveGot4GinBrazil!Oh,Wait,BrazilTech/ZDNet,May8,2013,http://zd.net/10dWeQb.
20
MinistryofCommunications,UmPlanoNacionalparaBandaLarga[Anationalplanforhighbandwidth],accessedAugust
30,2012,http://www4.planalto.gov.br/brasilconectado/pnbl.
21
MarceloSarkis,AccesstoPublicInformationinBrazil:WhatWillChangewithLawNo.12.527/2011?Freedominfo.org,May,
14,2012,http://bit.ly/LK0P89.
22
RobertaPrescott,BrazilAnnouncesTaxBreakstoBoostEconomy;PositiveImpactsforICTSector,RCRWireless,April4,
2012,http://bit.ly/HfWVBq.
23
JoeAimonetti,ApplegetstaxincentivesinBraziltobeginiPadproduction,CNET,January25,2012,
http://reviews.cnet.com/830119512_757366337233/applegetstaxincentivesinbraziltobeginipadproduction/;Seealso:
(1)Primeirosarecebertabletsseroprofessores,anunciaMEC,Estadao.com.br,February3,2012,
http://www.estadao.com.br/noticias/vidae,primeirosarecebertabletsseraoprofessoresanunciamec,830914,0.htm[in
Portuguese]and(2)RobertaPrescott,HotmarketfortabletsinBrazil,RCRWireless,January2,
2013,http://www.rcrwireless.com/americas/20130102/devices/hotmarkettabletsbrazil/.
24
BenTavener,4GDataServicesLaunchedinRio,TheRioTimes,April26,2013,http://riotimesonline.com/brazilnews/rio
business/4gservicesmobilelaunchedinrio/.
BRAZIL

platforms, and citizen journalism, the latter of which has proliferated over the past year. In keeping
with Brazils ardent and growing internet user database, economists predict that eCommerce in
Latin Americas largest economy will total $18.7 billion in 2012, representing a 21.9 percent
increase from 2011.25
Social media and communication apps such as Orkut, Facebook, and YouTube are freely accessible
and widely used in Brazil. In December 2011, Facebook surpassed Orkut, its rival within the
country, in terms of subscribers. As of June 2012, 42 million Brazilians had Facebook accounts, a
number which had ballooned to nearly 67 million by February 2013, ranking Brazil as the second
largest user of Facebook after the United States. As a nation, Brazil is also home to the fifth-largest
contingent of Twitter users in the world; among non-English speaking countries, it has the highest
percentage of users globally.26
Two regulatory bodies oversee Brazilian ICTs: ANATEL, viewed by some Brazilians as inefficient,
and the Administrative Council for Economic Defense (CADE), an antitrust body that is perceived
to be more effective in addressing complaints. While both regulators are tasked with ensuring free,
fair, and independent operation of ICTs, the General Telecommunications Law also authorizes
CADE to make decisions concerning market concentration and price setting.27 Despite the
presence of these regulatory bodies, competition between ICTs remains uneven. The Brazilian
Internet Steering Committee (CGI.br), a multi-stakeholder organization created in 1995, has
played a substantive role in Brazilian internet governance and regulation debate.28 The Committees
contributions include reliable and comprehensive yearly reports on the state of internet adoption in
Brazil as well as funding for internet governance-related research and academic publications.
Committee members are drawn from the government, the private sector, academia, and
nongovernmental organizations. The latest group of representatives was chosen in 2010 in
relatively democratic and open elections.29
LIMITS ON CONTENT
The Brazilian government does not employ technical methods to filter or otherwise limit access to
online content. Nonetheless, legal action pertaining to content removal by the judiciary and
government officials, as well as highly publicized cases of intermediary liability, have emerged as
possible barriers to free speech. Ahead of the October 2012 Municipal Elections, stringent
enforcement of the Brazilian electoral law, which prohibits coverage of candidates in online and
25
BrazilianInternetSteeringCommittee(CGI.br),SurveyOnTheUseOfInformationAndCommunicationTechnologiesIn
Brazil2011,p.297;Seealso:MoreBuyersJoinBrazil'sRobustEcommerceMarkethttp://bit.ly/13V1sYm.
26
NewMediaTrendWatch,Brazil:EuropeanTravelCommission(ETC),NewMediaTrendWatch,AccessedFebruary2013,
http://www.newmediatrendwatch.com/marketsbycountry/11longhaul/42brazil.
27
MariaCecliaAndrade,UbiratanMattos,andPedroC.E.Vicentini,ReformsinBrazilianTelecommunicationsRegulationsand
theirImpactonSectorCompetition,inTheAntitrustReviewoftheAmericas2009(London:GlobalCompetitionReview,2009),
http://bit.ly/1fRMA0S;Seealso:Teleco,Regulation:LegislationGuide,July,28,2010,http://bit.ly/19NMMIw.
28
CGI.br,PrinciplesfortheGovernanceandUseoftheInternet,accessedFebruary16,2013,
http://www.cgi.br/english/regulations/resolution2009003.htm.
29
CGI.Br,CGI.brAnunciaNomesdosRepresentantesEleitosdaSociedadeCivil[CGI.brannouncesnamesofelected
representatives],AccessedFebruary16,2013,http://www.nic.br/imprensa/releases/2011/rl201105.htm.
BRAZIL

traditional media for three months prior to elections and also bans any online content which might
offend the dignity or decorum of a candidate, added to the challenges associated with freedom of
online expression.30 While fears have also surfaced regarding Brazils international image and
censorship of national issues such as poverty ahead of the 2014 World Cup and 2016 Olympic
Games, social media have been used for positive citizen action in recent years, extending to
advocacy for the rights of indigenous communities.
Neither federal nor state governments have sponsored systematic content filtering or online
censorship, however efforts to place limits on content have occurred periodically. A Google
Transparency Report shows that in 2012, Brazil issued the highest number of government requests
for content removal of any country.31 Brazil also ranks in the top three countries in all categories
related to requests for content removal on Twitters Transparency Report,32 with 16 court orders
issued between July and December 2012.33 Recent cases related to content removal concern
defamation, nudity, and concern over Brazils international image. In May 2012, Facebook made
the decision to remove photos of SlutWalk, demonstrations in which topless women advocated
for womens rights in various Brazilian cities. Facebook affirms that the censored photos constitute
nudity and pornography,34 and removal is therefore in line with company policy. Members of
SlutWalk allege that Facebooks decision constitutes censorship of civil society action and urge the
company to distinguish between pornography and protest material when removing content.35 In a
separate instance, Google reportedly received requests from the Brazilian government to remove
the world favela (slum) from its maps of the country, in order to detract attention from Brazils
poor neighborhoods in advance of the 2014 World Cup and 2016 Olympic Games. Bloggers have
been vocal in their condemnation of such censorship.36
In July 2012, digital newspaper Sculo Dirio received a court order to remove three articles and
two editorials from its site, all of which concerned the performance of Prosecutor Marcelo Barbosa
de Castro Zenkner. The judge further ruled that Sculo Dirio must follow editorial
recommendations stipulated by the court in future posts. This was the third time that Sculo Dirio
was issued a court order for the removal of content.37 In November 2012, a judge prohibited media
30
SarahLaskow,Googlevs.Brazil:WhyBrazilHeadsGooglesListofTakedownRequests,April29,2013,ColumbiaJournalism
Review,http://www.cjr.org/cloud_control/brazilian_takedown_requests.php?page=all&print=true.
31
Google,TransparencyReport,Google,AccessedFebruary15,2013,
http://www.google.com/transparencyreport/removals/government/BR/.
32
NickKolakowski,TwittersNewTransparencyReport:GovernmentsStillWantYourData,Slashdot,January28,2013,
http://slashdot.org/topic/bi/twittersnewtransparencyreportgovernmentsstillwantyourdata/;Seealso:(1)Twitter,
TransparencyReport,GovernmentRequestsReceivedforUserInformation,AccessedFebruary15,2013,
https://transparency.twitter.com/informationrequeststtr2;and(2)Twitter,TransparencyReport,GovernmentRequests
ReceivedtoWithholdContent,accessedonFebruary15,2013,https://transparency.twitter.com/removalrequeststtr2.
33
Twitter,TransparencyReport,GovernmentRequestsReceivedtoWithholdContent,accessedonFebruary15,2013,
https://transparency.twitter.com/removalrequeststtr2.
34
RaphaelTsavkkoGarcia,Brazil:FacebookCensorsPhotosoftheSlutWalk,GlobalVoicesOnline,June2,2012,
http://globalvoicesonline.org/2012/06/02/brazilfacebookcensorphotosslutwalk/.
35
RaphaelTsavkkoGarcia,Brazil:SlutWalksSpreadacrosstheCountry,GlobalVoicesOnline,May29,2012,
http://globalvoicesonline.org/2012/05/29/brazilslutwalksphotosvideos/.
36
CitizenLab,LatinAmericaandtheCaribbeanCyberWatch,CitizenLab,May3,2013,https://citizenlab.org/2013/05/latin
americaandthecaribbeancyberwatchapril2013/.
37
NataliaMazotte,KnightCenterLaunchesTimelineofJudicialCensorshipinBrazil,KnightCenterforJournalisminthe
Americas,February21,2013,https://knightcenter.utexas.edu/blog/0012987knightcenterlaunchestimelinejudicial
BRAZIL

from mentioning the name of the current vice mayor and mayor-elect of the city of Campo Mouro
in articles concerning an alleged vote-buying scandal that occurred during the election.
Notifications of the order were sent to a number of print and digital news sites investigating the
alleged scheme, including the websites of Tsabendo and Coluna do Ely. Should any of the outlets
ignore the judicial order, they will face fines of up to $14,000.38
State-initiated censorship in Brazil has primarily appeared in the context of elections, with
defamation charges and the removal of content related to elected officials becoming increasingly
common. This phenomenon is due in large part to an electoral law, extended to the internet in
2009, which tightly restricts the airing by opponents of content related to political candidates.39 In
March 2012, a ruling by the Electoral Superior Court resulted in the application of time and place
restrictions to political speech on Twitter and other social media platforms, as well as the internet
at large.40 Although the law does not benefit any particular party, but instead seeks to maintain a
civil and dignified electoral process, it has come under fire by freedom of expression advocates for
its restriction of content both online and offline. Journalists and bloggers cannot presently make
accusations against candidates for three months prior to elections; if they post any inflammatory
content online related to a political candidate, they risk having their writing or videos removed, as
well as being fined or arrested for defamation and violation of the countrys electoral law. A 2011
proposal to reform the current law would loosen pre-campaign restrictions, allowing for expanded
discussion and campaigning by candidates online, so long as such political promotion is performed
without intent of commercial gain.41 Thus far, two committees have approved the bill; it is
currently among those items prioritized for review.42
In late 2012 and early 2013, a spate of legal cases concerning intermediary liability drew worldwide
attention to Brazils internet policies. In September 2012, a Brazilian electoral court issued arrest
warrants for two senior Google Brazil executives, Edmundo Luiz Pinto Balthazar and Fabio Jose
Silva Coelho, for failure to remove content prohibited under electoral law. The executives were
accused of violating a vague provision that bans campaign material which offend[s] the dignity or
decorum of a candidate.43 Although the arrest of Balthazar was quickly overturned by a higher
court on grounds that Google [was] not the intellectual author of the videoand [could not] be
censorshipbrazil;Seealso:SIPIAPA,Assembly2012GeneralAssembly,SaoPaulo,BrazilReports,PublishedJanuary1,
2013,http://www.sipiapa.org/en/asamblea/brazil35.
38
NataliaMazotte,JudgeinBrazilBlocksMediafromMentioningMayorElectinAllegedVoteBuyingScandal,KnightCenter
forJournalismintheAmericas,November29,2012,https://knightcenter.utexas.edu/blog/0012222judgebrazilblocksmedia
mentioningmayorelectallegedvotebuyingscandal.
39
AgnciadeNotciasdaJustiaEleitoral,TSEMantmMultaporPropagandaEleitoralAntecipadaemBlogaFavordeDilma
[TSEKeepsFineforElectioneeringinAnticipationofFavorfromDilma],March17,2011,
http://agencia.tse.gov.br/sadAdmAgencia/noticiaSearch.do?acao=get&id=1363510;Seealso:AgnciadeNotciasdaJustia
E`leitoral,TSEAplicaMultaaPSDBMGporPropagandaAntecipadaemFavordeJosSerra,[TSEAppliesFinetoPSDBMGfor
earlyAdvertisinginFavorofJoseSerra],November16,2010,
http://agencia.tse.gov.br/sadAdmAgencia/noticiaSearch.do?acao=get&id=1345485.
40
TribunalSuperiorEleitoral[ElectoralSuperiorCourt],CandidatossPodemUtilizarTwitteremCampanhaEleitoralaPartir
de6deJulho[CandidatescanonlyUseTwitterforElectoralCampaignStartingJuly6th],March2012,http://bit.ly/zG9zEp.
41
RachelLibrelon,Propostaregulaprcampanhaepropagandaeleitoralnainternet,AgnciaCmaradeNotcias,May13,
2011,http://bit.ly/jsm8mq[inPortuguese].
42
http://www.camara.gov.br/proposicoesWeb/fichadetramitacao?idProposicao=491421
43
TheGuardianstaffandagencies,GoogleExecutiveinBrazilDetainedafterFailuretoRemoveYouTubeVideo,TheGuardian,
September26,2012,http://www.guardian.co.uk/technology/2012/sep/27/googlebrazilremoveyoutubevideo.
BRAZIL

punished for its propagation,44 the case was later reinstated, bringing Balthazar back into the realm
of the judiciary. Google finally blocked access to the controversial video in late September 2012
under pressure from Brazilian courts.45 In March 2013, Balthazar was denied habeas corpus relief (a
writ or legal action requiring that a prisoner be taken before a judge in order to determine whether
his detention is lawful46) and the Brazilian Superior Electoral Court upheld the criminal charges
filed against him for failing to comply with an electoral court order.47 Google maintains that as a
platform it is not responsible for content published by users. Accordingly, the company announced
that it would comply with only 35 of the 316 Brazilian court orders it received from July to
December 2012 requesting the removal of content in violation of the countrys electoral law. In the
remaining 281 cases, Google said that it would exercise its right of appealon the basis that
content is protected by freedom of expression under the Brazilian Constitution.48 As of May 2013,
criminal cases against both Coelho and Balthazar were still pending in Brazil.
Social media platforms such as Facebook and Orkut have also been subject to intermediary liability
issues and are the main target of civil liability claims regarding content removal and defamation. In
response to an electoral court order in December 2011, Google removed four Orkut profiles with
content that violated Brazils electoral law.49 State courts in Brazil are still largely divided on the
issue of intermediary liability, however. Some attribute the legal burden to crowdsourcing websites
and social networks; others have adopted a notice-and-takedown approach that imposes liability
only if the intermediary fails to remove content after judicial notice. A Brazilian judge issued a
court order to YouTube for the removal of an anti-Islam video which sparked worldwide
controversy and was blamed for instigating outbursts of violence in multiple countries.50 Citing fear
of incitement to violence, Judge Gilson Delgado Miranda gave Google YouTube ten days to
remove the trailer for the movie from its website.51 Nationwide legislation pertaining to takedown
processes has been under debate in Brazil since the Marco Civil Bill, which includes a provision for
the establishment of a judicial notice-and-takedown framework, began gaining media attention in
2009.
The Marco Civil Bill is intended to serve as a Constitution for the Internet, guaranteeing freedom
of expression, net neutrality, and the right to privacy.52 Although previously lauded by Brazilian
44
TheGuardianstaffandagencies,GoogleExecutiveinBrazilDetainedafterFailuretoRemoveYouTubeVideo,TheGuardian,
September26,2012,http://www.guardian.co.uk/technology/2012/sep/27/googlebrazilremoveyoutubevideo.
45
ReportersWithoutBorders,ContentRemoval:CallforQuickAdoptionofInternetLawAmidContinuingHarassmentof
TechnicalIntermediaries,October2,2012,ReportersWithoutBordersonline,http://bit.ly/SAkmbI.
46
CornellUniversityLawSchool,LegalInformationInstitute,CornellUniversity,AccessedSeptember20,2013,
http://www.law.cornell.edu/wex/habeas_corpus.
47
PauloSaElias,ContemptofCourt,PauloSaElias,March21,2013,http://www.direitodainformatica.com.br/?p=1420.
48
GoogleTransparencyReport,Brazil,Google,AccessedSeptember27,2013,http://bit.ly/QIAicO.
49
BradHaynes,GoogleExecutiveinBrazilFacesArrestoverElectionsLaw,Reuters,Sep25,2012,
http://www.reuters.com/article/2012/09/26/netusgooglebrazilelectionidUSBRE88O18B20120926.
50
Reuters,BrazilCourtOrderedYouTubetoRemoveAntiIslamFilm,ReutersBrazil,September26,2012,
http://www.reuters.com/article/2012/09/26/usprotestsbrazilidUSBRE88P05A20120926.
51
SorchaPollack,GoogleExecutiveArrestedasBrazilBansAntiMuslimFilm,Time,Newsfeed(blog),September27,2012,
http://newsfeed.time.com/2012/09/27/googleexecutivearrestedasbrazilbansantimuslimfilm/;Seealso:JennyBarchfield
andJulianaBarbassa,FabioJoseSilvaCoehlo,GoogleExec,DetainedbyBrazilPoliceoverRefusaltoPullYouTubeClips
CriticizingPoliticians,HuffingtonPost,September26,2012,http://huff.to/OrE52s.
52
CarolinaRossini,TheBrazilianCongressNeedstoPassMarcoCivilforBraziliansandtheWorld,Infojusticeonline,May22,
2013,http://infojustice.org/archives/29726.
BRAZIL

civil society, last-minute changesincluding a provision that excludes copyright claimsthreaten
the bills original promise, leaving users and ISPs in a climate of legal uncertainty.53 Activists warn
that recent changes could pave the way for the removal of allegedly copyrighted content without a
judicial order. Copyright owners could then sue intermediaries for alleged content infringement by
users, a precedent that could force ISPs to police users themselves. The final language used in the
new exclusionary paragraph of the Marco Civil Bill may also threaten legal certainty surrounding
safe harbors for ISPs. 54 Despite deep concern about these changes, House Representative
Alessandro Molon is optimistic that the Marco Civil Bill will come to vote in the Chamber of
Deputies and be signed into law by the end of 2013.55
Over the past few years, Brazil has made several important developments regarding access to public
information. The Access to Information initiative, signed into law in November 2011, went into
effect in early 2012 and promises to increase transparency and enhance opportunities for civic
participation, social action, and the exposure of corruption.56 The enactment of the Access to
Information Act affords citizens the ability to request governmental information via the internet,
while also requiring that state bodies utilize the internet for the disclosure of information about
public administration, projects, and finances, all of which must be presented in an easily accessible
and understandable manner and kept up to date.57 Brazil is also a founding member of the Open
Government Partnershipa global effort to increase government transparency, efficacy, and
accountability.58 Brazils Action Plan for Open Government includes the adoption of measures that
will allow the country to (1) continue making headway in public transparency, (2) strengthen
access to information, (3) manage public funds, (4) promote integrity in the public and private
sectors, (5) foster citizen participation, and (6) deliver public services.59 According to a recent
OGP report, to date, Brazil has secured 32 commitments by 5 governmental bodies, 18 of which
have already been completed. 60
Social media is increasingly being used for civic activism in Brazil, with campaigns regarding
indigenous rights,61 sanitation and water,62 and the need for reducing electoral campaign waste,63
53
CarolinaRossini,NewVersionofMarcoCivilThreatensFreedomofExpressioninBrazil,ElectronicFrontierFoundation,
November9,2012,https://www.eff.org/deeplinks/2012/11/brazilianinternetbillthreatensfreedomexpression;Seealso:
RodrigoBorgesCarneiro,InternetBillshouldNotFailtoIncludetheRespectforIntellectualPropertyasaPrinciple,
EntertainmentLawBrazil(blog)April11th,2013,http://entertainmentlawbrazil.com.br/2013/04/11/internetbillshouldnot
failtoincludetherespectforintellectualpropertyasaprinciple/#more1049.
54
CarolinaRossini,NewVersionofMarcoCivilThreatensFreedomofExpressioninBrazil,ElectronicFrontierFoundation,
November9,2012,https://www.eff.org/deeplinks/2012/11/brazilianinternetbillthreatensfreedomexpression.
55
IndexonCensorship,ThreatstoOnlineFreeSpeechareaCivilSocietyDefeat,March27,2013,http://bit.ly/16XBC5A.
56
Article19,BrazilAdoptsAccesstoInformationLaw,Article19,November22,2011,http://bit.ly/sCLNZH.
57
UnitedNationsOnlineTrainingCentre,LearnersSubmission:AccesstoInformationinBrazilUNPAN,February11,2013,
http://unpanelearning.wordpress.com/tag/freedomofinformationact/.
58
http://bit.ly/16laayQ.
59
OpenGovernmentPartnership,BrazilsCountryCommitmenttotheOpenGovernmentPartnership,OpenPartnership.org
September20,2011,http://www.opengovpartnership.org/countries/brazil.
60
OpenGovernmentPartnership,BrazilsCountryCommitmenttotheOpenGovernmentPartnership,OpenPartnership.org
September20,2011,http://www.opengovpartnership.org/countries/brazil.
61
SaraMoreira,FromIndigenousProtesttoOnlinePreaching,PortugueseLanguageCountriesin2012,GlobalVoicesonline,
December31,2012,http://bit.ly/VTLUKH.
62
SaraMoreira,Brazil:RiodeJaneiroDemandsBetterSanitation,GlobalVoicesonline,November12,2012,
http://globalvoicesonline.org/2012/11/12/brazilsanitationriodejaneiro/.
BRAZIL

popping up on Twitter and Facebook as people in all regions of the country call the government to
action. In late 2012, the Guarani-Kaiow, an indigenous community in Mato Grosso do Sul
threatened with eviction from ancestral lands, found support on Facebook and other social media
platforms. In late October and early November, a wave of protests occurred in six Brazilian cities,
as well as in overseas locales as far flung as Germany, Portugal, and the United States. Although it is
difficult to ascertain the impact of the protests, given that the Guarani-Kaiow also sent a letter to
legislators announcing an intention to fight to the death for their land, a federal judge decided to
suspend their eviction.64 Various campaigns for environmental rights have also been started on
Twitter, Facebook, and other online forums, with online petitions being used to pressure the
Secretary of State for the Environment to clean up pollution and prevent future sewage spills on
local beaches.65

The Brazilian constitution forbids anonymity but protects freedom of speech, including cultural and
religious expression. Specific laws also establish freedom of the press.66 Various cybercrime
initiatives and court rulings made headlines in 2013 for their impact on regulation of computer
intrusion, brand infringement, and discriminatory content. Although the internet is generally
viewed as a freer atmosphere than traditional media, in 2012, 40 percent of the threats received by
journalists and bloggers were related to content posted on personal blogs, websites, and social
networks. This phenomenon emphasizes the multivariate challenges to freedom of expression on
the internet, which concern not only legislation but also physical safety.67
An increase in retaliatory violence against journalists and bloggers in late 2012, which appears to
bear a clear link to content they posted online, negatively impacts freedom of expression and has
the potential to encourage self-censorship. According to Reporters Without Borders, Brazil is now
one of the worlds five deadliest countries for media personnel.68 In 2012 and 2013, Brazil was also
witness to instances of local officials bringing defamation suits against bloggers and online
journalists. One blogger faced a prison sentence for a fictional story he posted online.
In recent years, various legislative initiatives have directly affected freedom of expression rights.
The Azeredo Bill (Lei Azeredo, Law #12.735/2012), which pertains to regulation of content
online, was approved in April 2013 after major changes to its original, highly controversial
63
TheQuemSujaAgoraFacebookpagewascreatedtomonitoranddenouncetherefusaltocollectelectoralcampaign
waste:https://www.facebook.com/quemsujaagora.
64
SaraMoreira,FromIndigenousProteststoOnlinePreaching,PortugueseLanguageCountriesin2012,GlobalVoicesOnline,
November28,2012,http://globalvoicesonline.org/2012/11/28/worldwideprotestsforbrazilsindigenousguaranikaiowa/;See
also:HuffingtonPost,GuaraniKaiowaLandDispute:BrazilJudgeSuspendsEvictionofIndians,HuffingtonPost,October31,
2012,http://www.huffingtonpost.com/2012/10/31/guaranikaiowaeviction_n_2051454.html.
65
SaraMoreira,Brazil:RiodeJaneiroDemandsBetterSanitation,GlobalVoicesOnline,November12,2012,
http://globalvoicesonline.org/2012/11/12/brazilsanitationriodejaneiro/.
66
AnEnglishtranslationoftheConstitutionisavailablehere:http://www.vbrazil.com/government/laws/constitution.html.
67
UNRefugeeAgency,Brazil:Seriouscrimesagainstfreeexpressionin2012,Article19,UNHCR,March14,2013
http://www.unhcr.org/refworld/docid/51499abf2.html.
68
ReportersWithoutBorders,Brazil,ReportersWithoutBorders,July3,2013,http://en.rsf.org/reportbrazil,169.html.
BRAZIL

proposal. By the time it was approved, only 6 of the laws initial 22 articles remained. These items
establish the creation of specialized teams and sectors structured by the judicial police to combat
cybercrimes and to take down racist content (other defamatory content is not directly covered by
the bill). Takedowns require judicial notice, but can be issued before police investigations have
begun.69 Another initiative currently under consideration in the Senate, Bill 494/08, aims to
impose a series of obligations on ISPs, websites, and blogs to ensure cooperation with the police in
pedophilia investigations.70
Two recent court decisions have made headlines in regard to their potential to influence the scope
of freedom of expression on the internet. In September 2010, popular newspaper Folha de So
Paulo won an injunction against satirical blog Falha de So Paulo on grounds that the name and
layout of the blog were too similar to that of the newspaper and constituted brand infringement.
The domain Falhadespaulo.com.br was subsequently frozen. In a countersuit in early 2013 in which
the blog owners fought back against the newspaper, a Brazilian court upheld the ruling,
permanently disabling the satirical site.71 Critics allege that such rulings set a dangerous precedent
for censorship and interfere with diversity of online content while proponents applaud the court for
upholding brand integrity and intellectual property standards.72
In two separate cases in 2012, legal proceedings were brought against bloggers for alleged
defamation. In the first case, blogger Afrnio Soares was sued by Ipu city council president Carmen
Pinto. If he is found guilty, Soares may be charged with fines of more than $ 12,000.73 In the
second case, defamation charges were filed against journalist and blogger Jos Cristian Ges in
December 2012 for a fictional story he posted on his blog Infonet. The charges, which were both
civil and criminal, were initiated by high court judge Edson Ulisses, who claimed that both he and
his brother were defamed in the story, which mocks political corruption in Brazil but does not
name or describe any particular person.74 In early July 2013, Ges was sentenced to 7 months and
16 days in prison. The sentence has since been commuted to community service. Ges plans to
appeal the ruling .75
69
RafaellaTorres,AprovaodeLeissobreCrimesCibernticos[ApprovalofCybercrimeLaws],A2KBrazil(blog)January17,
2013,http://www.a2kbrasil.org.br/wordpress/2013/01/aprovacaodeleissobrecrimesciberneticos/.
70
WebsiteoftheBrazilianSenate,PLSSenateBill#494/2008,submittedforreviewMarch24,2013,
http://www.senado.gov.br/atividade/materia/detalhes.asp?p_cod_mate=88862.
71
RaphaelTsavkkoGarcia,CriesofCensorshipasBrazilianSatireBlogOrderedShutDown,GlobalVoicesOnline,March22,
2013,http://globalvoicesonline.org/2013/03/22/criesofcensorshipasbraziliansatireblogorderedshutdown/.
72
KatrinaKaiser,SorryWereNotSorry:AnInterviewwithLinoBocchiniofFalhadeSaoPaulo,ElectronicFrontiers
Foundation,May25,2012,https://www.eff.org/deeplinks/2012/05/sorrywerenotsorryinterviewlinobocchinifalhades
paulo;Seealso:RaphaelTsavkkoGarcia,BlogCountersuesoverWebDomain,GlobalVoicesOnline,May7,2012,
http://globalvoicesonline.org/2012/05/07/brazilblogfalhacountersuesfolhasaopaulowebdomain/.
73
BlogdoKleberTeixeira,VereadoraentracomProcessocontraBloguiero[CounselorEntersBloggerTrial],BlogdoKleber
Teixeira(blog),July15,2012,http://www.blogdokleberteixeira.com/2012/07/vereadoraentracomprocessocontra.html.
74
IsabelaFraga,BrazilianProsecutorFilesCriminalChargesAgainstJournalistforWritingFictionalBlogPost,KnightCenterfor
JournalismintheAmericas,February15,2013,https://knightcenter.utexas.edu/blog/0012953brazilianprosecutorfiles
criminalchargesagainstjournalistwritingfictionalblog;Seealso:ReportersWithoutBorders,JournalistgetsJudicially
InsaneJailTermforFictionalShortStory,July8,2013,http://bit.ly/12SU1Pr.
75
RafaelSpuldar,BrazilianWriterConvictedforFictionalStory,IndexonCensorship,July15,2013,
http://www.indexoncensorship.org/2013/07/brazilianwriterconvictedforfictionalstory/.
BRAZIL

As mentioned above, several legal provisions, including Article 57-D of the recently revised
electoral law, place restrictions on anonymity. Users are generally required to register with their
real names before purchasing mobile phones or opening a private internet connection, though the
use of pseudonyms in discussion forums is common. Despite the potential for registries to be
employed to punish users for critical online speech, as of May 2013, there were no reports of such
actions, nor were there reports of government efforts to track netizens participating in discussions
critical of the government or particular social or political groups.
Extralegal surveillance of internet activities by the government is not believed to be widespread,
although efforts to collect user data have increased in recent years. In 2012, the Brazilian
government submitted more user data requests to Google than all other Latin American nations
combined. Although there is no public count, most of these requests are believed to be warrants or
court orders likely related to ongoing investigations or lawsuits. In the case of Twitter, most user
information requests were tied to criminal investigations. With the exceptions of an emergency
situation or a legal prohibition related to a specific case, Twitter notifies users of requests for
account information. With a total of 2,777 information requests sent to Google in 2012, and 34
sent to Twitter, Brazil is ranked by both companies as third worldwide in number of requests,
following the United States and Japan.76
Some lawmakers have pushed for legal provisions requiring the recording of internet
communications from public access points such as LAN houses in order to prevent crime. Such
surveillance, lawmakers say, would also allow LAN houses to avoid liability for acts committed by
users. Legislation of this kind already exists in So Paulo and Rio de Janeiro. A federal measure
pertaining to compulsory registration of LAN users was approved by the House of Representatives
in 2011 and is currently in the Senate, where it has been approved by three commissions and now
awaits a final report.77 If finalized, the legislation would regulate LAN houses as multi-purpose
entities of special interest for digital inclusion, requiring them to register all users.78
In a disturbing trend, threats, intimidation, and violence against online journalists and bloggers have
been increasing in recent years. In February 2012, Mario Randolfo Marques Lopes, editor-in-chief
of news website Vassouras na Net, was kidnapped and murdered. Marques, who often reported on
police corruption and violence, had previously survived a 2011 assassination attempt that left him in
a coma for three days.79 In late April 2012, Dcio S, a longtime political journalist and blogger
who wrote for the newspaper O Estado do Maranho and ran a blog by the name of Blog do Dcio, was
76
ZachMiners,TwitterTransparencyReportShowsGovernmentDataRequestsontheRise,GoodGearGuide,PCWorld
Australia,January28,2013,http://bit.ly/TNX6Pc;Seealso:Google,TransparencyReportBrazil:SummaryofRequests,
AccessedFebruary,2013,https://www.google.com/transparencyreport/userdatarequests/BR/.
77
FederalSenateofBrazil,PortalAtividadeLegislativa,ProjetodeLeidaCamara,No28de2011[CamaraBill,No.28/2011],
http://www.senado.gov.br/atividade/materia/detalhes.asp?p_cod_mate=100025.
78
DraftLegislationno.4361/2004,proposedbyrepresentativeVieiraReis,accessedFebruary7,2012,
http://www.camara.gov.br/proposicoesWeb/fichadetramitacao?idProposicao=268907.
79
CommitteetoProtectJournalists,MarioRandolfoMarquesLopes,February9,2012,CPJonline,
http://cpj.org/killed/2012/mariorandolfomarqueslopes.php.
BRAZIL

shot to death while sitting in a bar. Police suspect that S, who is survived by a pregnant wife and
eight year old daughter, was targeted for his reporting.80
In July 2012, journalist Andre Caramante began receiving threats from Adriano Lopes Lucinda
Telhada, a former military police commander and a candidate in the October 2012 municipal
elections. The threats began after Caramante wrote a column that was critical of Telhada for
newspaper Folha de Sao Paulo. Telhada quickly turned to Facebook to vent his anger, where he
posted inflammatory messages that surpassed defamation and amounted to incitement of hatred,
according to a press release from Reporters Without Borders. Telhada, who later won the
municipal election and is now a councilman in Sao Paulo, denies having posted such material
online.81
In November 2012, Eduardo Carvalho, owner and editor of the Ultima Hora News website, was
murdered as he returned to his home in Campo Grande. Carvhalo, a former military police officer
who often wrote about local corruption, had already survived one earlier attack on his life. Prior to
his murder, Carvhalo had received so many death threats that he always carried a gun and often
wore a bullet proof vest.82 In December 2012, the home of Antonio Fabiano Portilho Coene,
owner of the Portal i9 website, was attacked by unidentified gunmen who threw a Molotov cocktail
into the courtyard and fired shots on the house. Before leaving, the assailants placed a hammer
outside the house with a message warning that Portilho would be beaten to death and referencing
the murder of fellow corruption reporter Eduardo Carvalho. No injuries were sustained by
Portilho or his family.83
Cyberattacks are a significant problem in Brazil, with targets ranging from online banking sites to
energy plants.84 In early 2012, the hacker group Anonymous made a significant impact by launching
distributed denial-of-service (DDos) attacks against the websites of three of Brazils largest banks,85
including Banco de Brasil, the largest in the country. An increasing amount instructional material
for hackers is also produced in Brazil, including information on how to conduct illegal mobile
phone wiretaps or hack passwords.86
In April 2013, a Brazilian cybercrime law commonly referred to as Lei Dieckman came into
force. The laws adopted moniker comes from actress Carolina Dieckman due to the fact that the
80
CommitteetoProtectJournalists,DcioS,April23,2012,CPJonline,http://cpj.org/killed/2012/deciosa.php.
DaniloThomaz,NuncaoAmeacei,DizTelhadaSobreJournalista[INeverThreatenedHim,SaysTelhadaofJournalist],
Epocaonline,October8,2012,http://glo.bo/PQykWO;OnlineHateMessages:NewspaperReporterTargetedonFormer
PoliceChiefsFacebookPage,ReportersWithoutBorders,July20,2012,http://bit.ly/PiB7r6.
82
CommitteetoProtectJournalists,BrazilianJournalistKilledinCampoGrande,CPJonline,November26,2012,
http://cpj.org/2012/11/brazilianjournalistkilledincampogrande.php#more.
83
ReportersWithoutBorders,NewsWebsiteOwnersHomeAttackedinBrazil,IFEX,December4,2012,
http://www.ifex.org/brazil/2012/12/04/brasil_actu_update_port/.
84
DmitryBestuzhev,Brazil:ACountryRichinBankingTrojans,Securelist,October16,2009,
http://www.securelist.com/en/analysis/204792084/Brazil_a_country_rich_in_banking_Trojans.
85
KennethRapoza,HackerGroup'Anonymous'GunForBrazilBanks;ItauInternetBankingBrieflyShutDown,Forbes,
February8,2012,http://onforb.es/xtjC5w.
86
Forexamplesoftoolsfordoityourselfwiretapping,see:(1)ItecDiffusion.com:
http://www.itecdiffusion.com/PT/escuta_telemovel.html;(2)ApostilaHacker[HackerToolkit]:
http://www.apostilahacker.com.br/.
81
BRAZIL

legislation took center stage after nude photos of her were distributed online in early 2012.87 The
law criminalizes breaches of digital privacy such as computer intrusion, the installation of
vulnerabilities, and editing, obtaining or deleting informationincluding credit card numbers
without authorization. The distribution, sale, production, or offer of programs or devices meant to
facilitate the aforementioned actions or to interrupt ICT services are also categorized as crimes.
Associated punishments vary from fines to up to five years imprisonment.
87
TheNewsDesk,After13Years,BrazilApprovesTwoCybercrimeLawsatOnce,LinhaDefensiva,
http://www.linhadefensiva.com/2012/11/after13yearsbrazilapprovestwocybercrimelawsatonce/.
BRAZIL
BURMA
2012
2013
NOT NOT
FREE FREE
22
20
23
16
26
Total (0-100)
75
62

Burma lifted online censorship in 2012in practice, if not in law (see LIMITS ON
CONTENT).
In January 2013, Information Minister Thein Tun was dismissed on corruption charges
after he blocked attempts to reduce the high cost of mobile SIM cards (see OBSTACLES
TO ACCESS).
A 2013 government distribution of cheaper SIM cards spawned a black market without
improving service (see OBSTACLES TO ACCESS).
Vicious online postings, some by officials, promoted violence that internally displaced
over 120,000 Rohingya Muslims (see LIMITS ON CONTENT).
A draft telecommunications law, though badly needed to attract foreign investment,
retained repressive measures that were still being debated in mid-2013 (see
BURMA

INTRODUCTION
Burmas nominally civilian government took significant steps in the past year to reform what was,
until very recently, among the worlds most repressive and underdeveloped telecommunication
sectors, notably lifting a policy of media censorship that had been in place for the past 48 years in
August 2012. Few limits on content remain online, and several experts privately told Freedom
House that the government has no plans to expand monitoring and filtering technology
nationwide.1 If true, this liberalized attitude has yet to be supported by legal reform. Repressive
media laws enacted by the military regime are still in place, and could be used at any time to punish
online expression, while drafts prepared to replace them retained content restrictions and harsh
penalties for violating them electronically. In summer 2013, lawmakers still appeared open to
consultation to improve these drafts. Doing so would keep them on the startling upward trajectory
the country registered for its internet freedom record in 2012.
The changes stem from Burmas gradual transition from military rule to democracy following what
were widely viewed as sham 2010 elections that secured the juntas supporters an 80 percent
majority in the legislature.2 When parliament appointed Thein Seina military leader who had
served as prime minister since 2007as its first civilian president in March 2011, a political
transformation seemed unlikely.3 But Thein Sein proved a comparative moderate. While he
maintained discriminatory policies against ethnic minorities like the Muslim Rohingya,4 he also
engineered a dtente with opposition leader Aung San Suu Kyi and her National League for
Democracy (NLD) party, which won 43 of the 44 parliamentary seats they contested in April 2012
by-elections.5 Though the win was too small a gain to affect the balance of power in government,
the NLDs participation alone was significant. Since the junta discounted a landslide NLD electoral
victory in 1990, the opposition has either boycotted or been excluded from politics. Suu Kyi, a
Nobel Peace laureate kept under house arrest for much of the past two decades,6 was sworn into
public office as a representative of the township of Kawhmu in the lower house of parliament on
May 2, 2012.7
Burmas young information and communications technology (ICT) sector developed in a climate of
fear and self-censorship under the junta. The governments first attempt to restrict internet
freedom was through the 1996 Myanmar Computer Science Development Law, which made the
1
Unlessotherwisenoted,allinterviewsforthisreportwereconductedinBurmaonthebasisofanonymity.
ThemilitaryledgovernmentrenamedthecountryMyanmarwithoutareferendumin1989,adecisiontheoppositionrejected
aspoliticized.Manyinternationalgovernmentsandorganizations,includingFreedomHouse,retaintheuseofBurmaonthose
grounds,thoughMyanmarisbecomingmorecommonsincetheregimehasadoptedamorecivilianformofgovernment.
3
TheAssociatedPress,BurmaNamesTheinSeinasPresident,viaGuardian,February4,2011,
http://www.guardian.co.uk/world/2011/feb/04/burmanamestheinseinpresident.
4
HumanRightsWatch,Burma:RohingyaMuslimsFaceHumanitarianCrisis,March26,2013,
http://www.hrw.org/news/2013/03/26/burmarohingyamuslimsfacehumanitariancrisis.
5
MyanmarConfirmsSweepingElectionVictoryforSuuKyi'sParty,CNN,April4,2012,
http://www.cnn.com/2012/04/04/world/asia/myanmarelections.
6
NLDSweepsParliamentaryByElections,RadioFreeAsia,April2,2012,http://www.rfa.org/english/news/burma/elections
04022012160808.html.
7
Burma'sAungSanSuuKyiSwornintoParliament,BBC,May2,2012,http://www.bbc.co.uk/news/worldasia17918414.
2
BURMA

possession of an unregistered computer modem and connection to unauthorized networks
punishable by up to 15 years in prison.
How the industry will adapt once the model of state control is transformed has yet to be seen. In
2012 the government announced plans to systematically privatize its telecommunications sector.
Yet the persisting state monopoly keeps costs high and quality low, while competing services, like
voice over internet protocol applications, are banned. Although mobile phone use expanded in
2012, phone and internet connectivity remains extremely poor, and only a tiny percentage of the
population has regular access to ICTs. In January 2013, just after Transparency International ranked
Burma fifth worst worldwide out of 176 countries in a global survey of corruption in the public
sector,8 Information Minister Thein Tun became the first member of the cabinet to be dismissed
amid an anti-graft probe, leading many to hope that these systemic inequalities are on the point of
change.
Besides corruption, lack of coordination between government agencies and rivalries among ruling
elites are also responsible for confusing and contradictory initiatives. SIM cards with quality service
cost citizens over $200, while a 2013 government initiative to distribute them for $2 each was
mired in corruption allegations by mid-year. The government is also planning to offer overseas
visitors affordable mobile service during the December 2013 Southeast Asian Games as part of a bid
to raise Burmas profile on the international stage; Burma is also chairing the ASEAN regional
meeting in 2014.9 Though the government awarded two foreign telecom companies licenses to
provide service, observers say a draft telecommunication bill could oblige them to cooperate with
state interception and monitoring of their users. Meanwhile, Chinese companies play a central role
in sustaining the industry, but two of them, Huawei and ZTE, were implicated in the corruption
investigation into Thein Tun, according to Radio Free Asia. Even while reforms are underway, the
average Burmese user may be the last to benefit.
Burmas engaged online communities, however, are resilient, and their influence has often been
felt beyond their comparatively small subset of the population. Many pushed the boundaries of
permissible speech during the era of censorship, ensuring the offline spread of reports by exile-run
news websites, among other banned content. Ethnic minority groupsof which official statistics
count more than 130, not including an estimated 800,000 population of Rohingya who are denied
citizenship under Burmese lawhave also used the internet to promote a multi-ethnic Burma in
the past.
Troublingly, the newly liberalized online space shows signs of disconnecting from this pluralistic
vision, in part because poor infrastructure and connections discourage consumers from seeking out
diverse sources of information, but also because the lifted restrictions allowed for an outpouring of
hate speech directed at the Muslim minority. In the past year, social media played an undisputed
role in amplifying racial and religious tensionsfurther stoked by some state institutions and
8
TransparencyInternational,CorruptionbyCountry/Territory:Myanmar,December2012,
http://www.transparency.org/country#MMR.
9
ASEANGamblesonMyanmar'sRegionalLeadership,Reuters,November17,2011,
http://www.reuters.com/article/2011/11/17/usmyanmaridUSTRE7AG0QQ20111117.
BURMA

mainstream news websitesbetween them and the majority Buddhist groups in western Arakan
state.10 Over 100 people were killed and 120,000 people, mostly Rohingya, internally displaced in
the violence that resulted;11 more than 40 were reported dead after similar riots broke out in the
heartland township of Meiktila in March 2013.12 Deadly riots were subsequently documented in the
central town of Okkan and Lashio in northern Shan state in April and May.13
Other post-censorship phenomena included a parliamentary hunt for an anonymous blogger who
criticized a new law that defies the constitution. Cyberattacks on Burmese news websites also
appear to be on the rise. Several media practitioners reported hackers attempting to compromise
their personal email accounts in late 2012 and early 2013, prompting open debate about the alleged
involvement of the military, which a government spokesperson denied.14 It is too soon to cast this
as a negative trend. However, those in Burma who have undergone decades of information control
and strict punishment for forbidden expression, and minority communities who fear further
marginalization from the dominant national discourse, remain cautious. Some distance still needs to
be covered before they enjoy full freedoms online.
OBSTACLES TO ACCESS
Besides a state monopoly of telecommunications companies, the lack of a legal framework, poor
infrastructure and widespread poverty limit Burmese citizens internet access and usage. Over the
past three years, the number of internet users has notably increased, though it remains only a
fraction of the population. The International Telecommunication Union (ITU) estimated internet
penetration at 1 percent in 2012.15 This seems surprisingly low, although the precise scale of usage
is notoriously difficult to ascertain in Burma, where independent surveys are not available and
government statistics historically lack credibility. Nevertheless, government sources and a Burmese
telecommunications expert interviewed for this report estimated one million internet users in the
country in 2012,16 putting penetration closer to 2 percent. One 2012 news report put the number
of broadband Internet users at 150,000;17 the ITU estimated just 5,400 in its 2012 survey.18
10
ArakanwasrenamedRakhinewhenBurmabecameMyanmar.UNSaysOver26,000DisplacedbyMyanmarUnrest,Agence
FrancePresseviaReliefWeb,October28,2012,http://bit.ly/1hfKXrJ.
11
MyanmarRiotsStokeFearsofWideningSectarianViolence,Reuters,March22,2013,
http://www.reuters.com/article/2013/03/22/usmyanmarunrestmeikhtilaidUSBRE92L04G20130322.
12
Burma:StateofEmergencyImposedinMeiktila,BBC,March22,2013,http://www.bbc.co.uk/news/worldasia21894339;
SevenMuslimsjailedoverviolenceinBurma'sMeiktila,BBC,May21,2013,http://bbc.in/12IQ7rD.
13
YadanaHtun,MyanmarAntiMuslimViolenceInjuresAtLeast10InOkkanAsMosques,HomesAttacked,TheAssociated
Press,viaHuffingtonPost,April30,2013,http://www.huffingtonpost.com/2013/04/30/myanmarantimuslim
violence_n_3185932.html;Zunetta,ViolenceinLashio,PartnersAsia(blog),May31,2013,http://bit.ly/16awgos
14
StateSponsoredAttackWarningoftheGoogledoesnotNeedtoCauseExcessiveConcern,SaysGovernmentSpokesman
(inBurmese),PopularNews,February11,2013.
15
16
SkyNetInternetInstallationCostReduced(inBurmese),PopularNews,January26,2013.
17
MobileInternetUsersExperienceSlowConnection,ElevenMediaNews,November23,2012,
http://elevenmyanmar.com/national/sciencetech/1426mobileinternetusersexperienceslowconnection.
18
BURMA

The Ministry of Communications and Information Technology (MCIT) retains control over the
countrys international connection to the internet through two main internet service providers,19
the state-owned Myanmar Post Telecommunication (MPT) and the military-linked Yatanarpon
Teleport (YTP). Private internet connections are prohibitively expensive, though there is
significant regional variation. The one-time installation cost of broadband access ranged from $530
to $588 in early 2012, down from $625 the previous year, depending on speed and connection
method.20 Monthly fees vary from $30 for 512Kbps to $155 for 3Mpbs.21 MPT and YTP also offer
ADSL service via landline, and dramatically lowered installation costs in late 2012.22 YTP reduced
them from $588 to $117, while MPTs went down from $588 to $58. For comparison, the private
company Redlink charges about $500 for installation and monthly fees from$30 to US$130 for its
popular Wi-Fi service, according to its data plan. However, since Burmas gross domestic product
was just $848 per capita in 2012, these costs keep personal internet access far out of reach for the
majority.23
More people can access the internet via mobile phone. Government sources reported 5.4 million
mobile phone subscribers in Burma at the end of December 2012, a significant jump from the 2.8
million mobile subscribers Freedom House documented in February 2012;24 the ITU agreed and
estimated penetration at 11 percent. One November 2012 news report estimated the number of
mobile internet users at over 200,000.25 Meanwhile, once-essential cybercafs are receiving fewer
visitors as personal connections proliferate.26
MPT controls the mobile phone market, but grants distribution rights to a select set of trusted
companies, either military-linkedlike YTPor privately owned but closely linked to the
governmentlike Elite, a subsidiary of Htoo Trading Company owned by tycoon Tay Za, who the
U.S. government has long sanctioned from trading with American companies for his association
with the junta.27 Smaller firms seeking retail vending rights must purchase equipment from these
19
ManystillrefertotheMinistry,formerlyresponsibleforCommunications,PostsandTelegraphs,byitsoldabbreviation
MCPT.
20
Interviewwithtelecommunicationcompanyemployees,January2013.
21
WiMaxReducedInternetInstallationPricefrom630,00Kyatsto450,000KyatsSinceDecember6(inBurmese),Eleven
MediaNews,,December5,2012,http://newseleven.com/local/16670wimax.
22
MCIT,RepublicoftheUnionofMyanmar,TelecommunicationOperatorTenderEvaluationandSelectionCommitteeNayPyi
Taw,accessedMay2013,http://www.mcit.gov.mm/sites/default/files/Expression_of_Interest.pdf.
23
InternationalMonetaryFund,WorldEconomicOutlookDatabase,October2012,
http://www.imf.org/external/pubs/ft/weo/2012/02/weodata/weorept.aspx?pr.x=84&pr.y=11&sy=2010&ey=2017&scsm=1&ss
d=1&sort=country&ds=.&br=1&c=518&s=NGDPDPC%2CPPPPC&grp=0&a=.
24
DigicelGoesafterMyanmar,GuardianMedia(PortofSpain),February3,2013,http://guardian.co.tt/business/201302
02/digicelgoesaftermyanmar;MyanmarSets2015GoalforTeledensity,MyanmarTimes,January16,2013,
http://www.mmtimes.com/index.php/business/technology/3790myanmarsets2015goalforteledensity.html.An
independentobserverestimatesthattherearejustoverthreemillionmobilephoneusers.SeeFootstepsof2012(in
Burmese),InternetJournal,January1,2013,http://myanmarinternetjournal.com/ij/article/627520130102090246.
25
MobileInternetUsersExperienceSlowConnection,ElevenMediaNews,November23,2012,
http://elevenmyanmar.com/national/sciencetech/1426mobileinternetusersexperienceslowconnection.
26
InterviewswiththreecybercafproprietorsinRangoonandtwoinNaypyidaw,andninemobilephoneusersinRangoonand
Mandalay,January2013.Seealso,CyberCafesdonotReceiveInternetUsersasBefore,andAskedforPriceReduction(in
Burmese),PopularNews,August11,2012.
27
ErikaKinetzandMatthewPennington,APImpact:MyanmarSanctionsListLanguishes,AssociatedPress,May18,2013,
http://bigstory.ap.org/article/apimpactmyanmarsanctionslistlanguishes0.
BURMA

larger distributors and are generally unable to offer consumers lower prices than the ones mandated
by those at the top of the chain.
The retail mobile market has become more dynamic to meet rising demand,28 but poor service has
limited the expansion of mobile internet, even after some ambitious public initiatives. In 2011, the
government announced a project to expand the number of mobile phone lines almost six-foldto
30 millionover the next five years. In January 2012, private company Shwe Pyi Ta Khun
announced it was seeking permission from the Presidents Office to sell a SIM card for 5,000 kyat
($6) as part of the presidents poverty reduction initiative, to widespread acclaim. Within a week,
however, officials rejected the proposal. Authorities subsequently pressured companies to chop the
price of a SIM card from 500,000 kyats ($625) to 200,000-250,000 kyats ($250-312). But the
supply of new cards could not meet consumer demand, while the continuing poor quality of service
disappointed users, according to news reports and Freedom House interviews. In many cases
mobile internet barely functions, even in major cities.
In March 2013, facing mounting public pressure, President Thein Sein pledged that the government
would price SIM cards at 1,500 kyat ($2) starting in April. Though a welcome development, the
distribution of the new cards was a gift to corrupt officials and black market racketeers. Rather than
make them available through service providers, users were directed to local government offices,
where they were asked to submit household registration, ID, and two photos. The application was
not for a SIM card, but for the opportunity to enter a draw for the chance to buy one of the
350,000 circulated nationwide.
Events in the Rangoon Division are probably representative of what happened next around the
country. Having received a quota of 119,000 cards, local officials promptly reserved a quarter for
themselves and their staff before allocating the rest to different townships. In one neighborhood,
over 2,500 applicants competed for 114 cards that were soon being resold for 60,000 kyats ($666)
to 90,000 kyats ($1000), despite numerous reports of unreliable, substandard service. The
government issued a second round of 1,500 kyat cards using the same system in May.
Another major drawback of the SIM cards is that they used an outdated CDMA 800 MHz network
launched in 1999, rather than the GSM system that is more common worldwide, even though GSM
has been available in Burma since 2002 and is considerably more popular.29 Sources interviewed for
this report told Freedom House that the CDMA network is owned by the military conglomerate
Myanmar Economic Cooperation (MEC), which sold the SIM cards cheaply for public use because
the CDMA network is no longer useful for the military. The deal benefits Chinese companies
selling CDMA-capable handsets. The best-selling mobile handset in 2012 was one developed by
28
MobilePhoneAccessoryShopsIncrease(inBurmese),7DaysNews,January25,2013,
http://www.7daynewsjournal.com/article/9515.
29
December2012figuresshowed4millionsubscribersontheGSMnetwork,and1millionontwoCDMAnetworks,800MHz
and450MHz.Anadditional0.7millionsubscribedto3GservicesontheWCDMAnetworklaunchedin2008.InDecember2012,
theMinistrylaunchedajointOneMillionPhoneLinesprojectwithChinesetelecommunicationcompaniestointroduce3G
networkcapableGSMandWCDMAphonesinfivecities.See,MCIT,TelecommunicationOperatorTenderEvaluation.
BURMA

Chinese technology giant Huawei, which at 100,000 kyats ($117), was still beyond the reach of
most Burmese, according to local market researchers.
In July 2012, the government announced plans to liberalize its telecom sector and invite foreign
investment.30 A senior official said that a total of four operating licenses would be grantedtwo for
Burmese companies and two for foreign firms, incorporating 4G services as early as 2013. The plan
proposed privatizing MPT to form the Myanmar Telecoms Company, which would be awarded one
of the cellphone licenses. Another would go to YTP, though other companies were reportedly
applying,31 possibly for joint ventures. Critics raised concerns about possible conflicts of interest in
the tender process for domestic licenses.
In June 2013, the government awarded the international licenses Norways Telenor and Qatar
Telecom, allowing them to offer services and infrastructure alongside local firms.32 However, as
the coverage period of this report ended, the legislature has not enacted a telecommunications law
governing their operation.33 Critics of a draft from early 2013 noted repressive prohibitions of antistate content and social media use, and that it may require intermediary service and content
providers to cooperate with state surveillance to detect violators.34 Human Rights Watch warned
international telecommunications companies that there is a risk of complicity in human rights
abuses if they enter the Burmese market before adequate protections are in place.
In the meantime, foreign investment in telecommunications was less than $6 million per year in
early 2012.35 According to official data, there are currently 14,000 kilometers of fiber in Burma
and around 1,800 towers, leaving an estimated 15,000 towers and hundreds of thousands of
kilometers of fiber to make up the difference required to meet the governments expansion
objectives. Experts estimate the total cost involved would be closer to $4 billion.
The governmentthough unable to meet demand for existing servicesannounced two additional
projects during the coverage period for this report. The first was an installment plan to offset the
cost of mobile telephones in rural areas begun in October 2012, which requires a 40,000 kyats
($47) down payment followed by 10,000 kyats ($11) per month.36 Critics said the plan disguises
the high cost of the phoneswhich comes to a total of 150,000 kyats ($176)rather than bringing
30
MartinPetty,Insight:DisconnectedforDecades,MyanmarPoisedforTelecomsBoom,Reuters,September13,2012,
http://in.reuters.com/article/2012/09/13/usmyanmartelecomsidINBRE88C03K20120913.
31
EliteTechPlanstoApplyforPrivateTelecommunicationsOperator(inBurmese),7DaysNews,September29,2012,
32
ShibaniMahtaniandChunHanWong,Norway'sTelenor,QatarTelecomGetMyanmarTelecomLicenses,WallStreet
Journal,June27,2013,http://online.wsj.com/article/BTCO20130627703302.html.
33
JapanandSingaporeTechnologyFirmsInvestinBurma(inBurmese),7DaysNews,December27,2012,
http://www.7daynewsjournal.com/article/9090;ThoseFirmswhichWanttoInvestinBurmaWaitingforTelecommunications
Law(inBurmese),7DaysNews,December8,2012,http://www.7daynewsjournal.com/article/8763.
34
HumanRightsWatch,ReformingTelecommunicationsinBurma,May19,2013,
http://www.hrw.org/reports/2013/05/19/reformingtelecommunicationsburma.
35
Myanmar(Burma)Telecoms,MobileandInternet,BuddeComm,accessedJanuary2,2012,
http://www.budde.com.au/Research/MyanmarBurmaTelecomsMobileandInternet.html.
36
HuaweiRanksBestsellingHandsetin2012(inBurmese),7DaysNews,December26,2012
BURMA

it down.37 The second project involved SIM cards for foreign visitors during the Southeast Asia
Games, which Burma is scheduled to host in December 2013. According to a senior government
official, the temporary SIM card will be sold to non-Burmese citizens for $15, some 12 times
cheaper than the price paid by most locals. The information ministry also announced that it will
increase internet connection speeds in time for the Games. Chinese firms will reportedly provide
technical support for this upgrade and broader ICT security efforts.38 Huawei, for example,
donated three million dollars worth of video conferencing equipment to organizers of the Games
in late 2012.39
Though limits on content have declined dramatically in the past two years, the states links with
telecommunications companies mean it is still inclined to restrict ICT access when profits are at
risk. In October 2012, the government announced that it would sever internet connections
detected making international calls via Voice over Internet Protocol (VoIP).40 International VoIP
calls made via applications such as Skype, Gtalk, Pfingo, VBuzzer, and VZO were banned under a
government directive in March 2011, which prescribed penalties ranging from fines or confiscation
of property to five years imprisonment. The measure was apparently aimed at protecting revenue
earned from international phone calls made over the network of the state-owned telecom,41 or via a
new government-sponsored VoIP program called Ytalk launched in late 2011.42 The directive,
however, is not effectively enforced.
The Posts and Telecommunications Department regulates Burmas telecommunications industry
under the MCIT. While there are several other state institutions tasked with ICT development and
management, they are either not very active or exist only on paper.43 Under the junta, the MCIT
and intelligence agencies implemented arbitrary and ad hoc censorship decisions. Under the more
civilian government, however, the MCIT has demonstrated more authority on telecommunications
issues.
In early January 2013, Minister of Information and Telecommunications Thein Tun was fired for
alleged corruption, in the first anti-graft probe under the new government to target a cabinet
minister.44 The minister, who had blocked efforts to reduce the price of SIM cards in favor of his
own initiative to sell four million cards at $220 a pop, is now under house arrest; the investigation,
37
AuthorsinterviewwiththreelocaljournalistswhocoverITnews,January2013.
ChinaSupportsBurmeseInternetSecurity(inBurmese),PopularJournal,accessedJanuary8,2012,
http://popularmyanmar.com/mpaper/archives/33163.
39
HuaweiHelpsUS$3MillionforVideoConferenceSystemin2013SEAGames(inBurmese),7DaysNews,September26,
2012,http://www.7daynewsjournal.com/article/7790.
40
PhoneLinesthatMakeIllegalCallstoForeignCountriesWillbeCut(inBurmese),InternetJournal,October20,2012
http://myanmarinternetjournal.com/mobile/mobilenews/533720121015095234.
41
AungMyatSoe,GovernmentBansInternetOverseasCalls,Mizzima,March16,2011,
http://mizzimaenglish.blogspot.com/2011/03/governmentbansinternetoverseascalls.html.
42
AuthorsinterviewswithtwoBurmeseITexpertsandfourlocaljournalists,June2012.
43
TheseincludetheMyanmarComputerScienceDevelopmentCouncil,theeNationalTaskForce,theMyanmarComputer
Federation,theMyanmarComputerProfessionalsAssociation,theMyanmarComputerIndustryAssociation,andtheMyanmar
ComputerEnthusiastsAssociation.
44
MyanmarExTelecomsMinisterFacesGraftProbe,TheAssociatedPress,January24,2013,
http://bigstory.ap.org/article/myanmarextelecomsministerfacesgraftprobe.
38
BURMA

which is also looking into handsets produced by Huawei and ZTE, is ongoing.45 The investigation
overshadowed the reforms in the telecommunications sector, but also signaled a possible turning
point. Many observers expressed hopes of fairer pricing and a lifting of the VoIP ban in the
aftermath of the ministers removal.46 In a reminder that the military still has an overwhelming
influence in government, however, Thein Sein tapped Myat Hein, commander-in-chief of the air
force, to replace him in February 2013.47
LIMITS ON CONTENT
On August 20, 2012, the government lifted the systematic state censorship of traditional and
electronic media prior to publication that had been in place for nearly five decades. Political
content appeared to be almost universally available, and even social content, such as pornography,
was not blocked in mid-2013. Troublingly, however, draft legislation maintains that may even
intensify limits on content outlined in existing laws. Whats more, the transformation had some
unforeseen effects, as simmering distrust between Burmas ethnic groups found expression on
social media, and particularly targeted the Rohingya, whom commentators of all stripes
characterized as dogs, thieves, terrorists and various expletives.48 Though other online activism
was more positive, the role of ICTs in fermenting violence that affected over a hundred thousand
peopleand sent ripples through sympathetic Muslim communities across Asiacast a shadow
over the newly open internet landscape.
For years, the Burmese government had systematically restricted access to political content online,
but in September 2011 they lifted blocks on foreign news sources and major exile media sites; the
latter had long been on the regimes blacklist for their critical reporting.49 The websites of
international human rights groups were also unblocked. In tests conducted by OpenNet Initiative
on YTP in August 2012, only 5 out of 541 URLs categorized as political content were blocked.
When Freedom House conducted its own tests in December, almost all previously banned
websites, including those five, were accessible.50 By mid-2013, even sites hosting previouslyfiltered social content about pornography or drugs, were no longer blocked.
45
ExMinisterUnderHouseArrest,RadioFreeAsia,January23,2013,http://www.rfa.org/english/news/burma/phone
01232013152301.html.
46
TelephoneinterviewswithaseniorMinistryofInformationandTelecommunicationsofficialandakeytelecommunications
investor,January2013.Seealso,ExpectationonBetterTelecomsServiceGrowsasMinisterResigns(inBurmese),7Days
News,January17,2013,http://www.7daynewsjournal.com/article/9403.
47
NyeinNyein,FormerGeneralstoRunBurmasTelecoms,BorderAffairsMinistries,Irrawaddy,February14,2013,
http://www.irrawaddy.org/archives/26820.
48
InternetUnshackled,BurmeseAimVenomatEthnicMinority,NewYorkTimes,June16,2012,
http://www.nytimes.com/2012/06/16/world/asia/newfreedominmyanmarletsburmeseairvenomtowardrohingya
muslimgroup.html?_r=0.
49
TheAssociatedPress,MyanmarAuthoritiesUnblockSomeBannedWebsites,YahooNews,September16,2011,
http://news.yahoo.com/myanmarauthoritiesunblockbannedwebsites050311492.html;QichenZhang,Burma's
GovernmentUnblocksForeignWebsitesIncludingYouTube,OpenNetInitiative,September20,2011,
http://opennet.net/blog/2011/09/burmasgovernmentunblocksforeignwebsitesincludingyoutube.
50
OneoftheURLslistedasblockedbyONI,http://www.niknaymanniknayman.co.cc,wasnotfoundinoroutsideBurma.
BURMA

Despite these notable positive developments, the impact of the new opening has been tempered by
an atmosphere of uncertainty. In particular, harsh laws governing content remain in effect pending
the passage of replacements to repeal them, which some observers say could be even stricter. The
draft telecommunications bill that will regulate service providers also contains content restrictions,
at least in early drafts, according to news reports. A report published in November 2012 noted that
one of the laws new articles appeared to ban social media use entirely, though whether that was
the intent or how it might be implemented is not known.51 Human Rights Watch reported that a
draft it reviewed includes ill-defined bans on indecent and undesirable content that are open to
abuse.52 Journalists also objected to another draft law governing the print media for introducing the
kind of censorship familiar from its repressive predecessor, including bans on criticism of the
constitution; the implications for online news outlets remain unclear.53 Civil society groups
objected to both drafts, and their passage was consequently delayed beyond the coverage period of
this report. Observers noted that although government consultations with different stakeholders
regarding the law were far from perfect, they were better than in the past.
Threats remain effective tools to force intermediaries to delete content; however, the extent of this
practice and its impact on the information environment as a whole is hard to measure. Selfcensorship remains common online, though topics considered off-limits have changed. In
particular, internet users have been reluctant to raise human rights abuses committed in the past
under the junta, for fear of jeopardizing the political opening. Objective coverage of the Rohingya,
let alone defense of the persecuted minority, has become taboo, and news outlets that continue to
provide it are accused of anti-Burmese bias.54
As limits on content are lifting, ministries and political groups have used ICTs to challenge the
opposition, rather than blocking them. Several ministries, including the Ministry of Information,
have their own websites and blogs. Other blogs, such as Myanmar Express and OppositEye, were more
manipulative, launching smear campaigns against the opposition and Aung San Suu Kyi.
As in 2011, social media tools gained prominence in 2012 and 2013, including Facebook, Twitter,
Friendfinder, Netlog, and Google+. Facebook is the most popular, since many users developed the
habit of using the platform to share information, initiate collective action on social and political
issues, or follow exile media outlets when website blocking was still pervasive. Although no precise
statistics are available on the number of Facebook users in Burma, one expert estimated that 80
percent of the countrys internet users had a Facebook account in 2011.55 For some users frustrated
at the challenge of navigating between sites on poor connections, Facebook is the sole source of
online news.
51
MyanmarBansSocialMediaUseUnderTelecomsBill,ElevenMediaNews,November12,2012,
http://elevenmyanmar.com/politics/1280myanmarbanssocialmediauseundertelecomsbill.
52
HumanRightsWatch,ReformingTelecommunicationsinBurma,
53
CommitteetoProtectJournalists,DraftMediaLawaStepBackwardforBurma,newsalert,March1,2013,
http://www.cpj.org/2013/03/draftmedialawastepbackwardforburma.php.
54
AsiaSentinel,BurmasIrresponsibleNewMedia,Irrawaddy,July11,2013,http://www.irrawaddy.org/archives/8862.
55
Basedonanestimated500,000internetusersinBurma.TunTun,FacebooksMiniRevolutioninBurma,Mizzima,August
17,2011,http://www.mizzima.com/edop/features/5786facebooksminirevolutioninburma.html.
BURMA

Unfortunately, hate groups and manipulative photos and messages are also common on Facebook,
and Burmese internet users spread racially-charged comments across social media platforms
throughout the coverage period.56 Several promoted violence, including a self-designated
beheading gang that targeted Muslims on Facebook, which the platform later removed from the
site.57 The hatred expressed online and in government statements in the media proved mutually
reinforcing.58 In 2012, religious riots broke out in western Arakan state sparked by state and
private media reports that treated the rape and murder of a local woman as a racially-motivated
crime,59 and contrasted the Arakan Buddhist victim with her allegedly Muslim attackers.60
Propaganda photos and posts from both sides of the conflict circulated on the internet.61 A senior
official from the presidents office framed the issue as a matter of national security on his personal
Facebook page and urged people to rally behind the armed forces.62 Since the riots took place in a
remote area challenging for journalists to reach, these Facebook updates were disproportionately
influential in media reports.63 The anti-Rohingya rhetoric sparked counter-protests overseas,
including one coordinated by hacktivist group Anonymous, which sent 24,000 messages per hour
with the hashtag #RohingyaNOW one day in March 2013.64
Other online activism was more positive. In 2012, villagers, Buddhist monks, and citizen journalists
united on Facebook to mobilize against a copper mine in the central Letpaudaung hills, run by the
military-owned conglomerate Union of Myanmar Economic Holdings Limited and Chinas Wanbao
Mining Limited, a subsidiary of the arms manufacturer NORINCO. Initially, politicians and
traditional media largely ignored the protesters, who called for a halt to the project citing
environmental, social and health concerns. However, on November 29, 2012, riot police raided six
protest camps at the mine, detained several dozen protesters, and injured at least 100 Buddhist
monks and villagers, many of whom incurred severe burns. Activists used Facebook extensively to
post photos and information about the crackdown, triggering an outcry from the media and the
political opposition. Recognition, however, was the only substantive outcome of the action.
President Thein Sein appointed Aung San Suu Kyi to chair an Investigation Commission. However,
the Commission recommended that the mining project go ahead in March 2013.65
56
SaitLatt,Intolerance,IslamandtheInternetinBurmatoday,NewMandala,June10,2012,
http://asiapacific.anu.edu.au/newmandala/2012/06/10/intoleranceislamandtheinternetinburmatoday/.
57
MinZin,WhySectarianConflictinBurmaisBadforDemocracy,Transitions(blog),ForeignPolicy,June13,2012,
http://transitions.foreignpolicy.com/posts/2012/06/13/winners_and_losers_from_the_conflict_in_arakan.
58
New Light of Myanmar, a state newspaper, printed a government statement that included the racial epithet kalar, a
derogatorytermforforeignersofIndianappearance,whenreferringtotheMuslimvictimsofmobviolence.Itcorrectedthe
referencetoIslamicresidentsthefollowingday,butdidnotapologize.See,HannaHindstrom,StateMediaIssuesCorrection
After Publishing Racial Slur, Democratic Voice of Burma, June 6, 2012, http://www.dvb.no/news/statemediaissues
correctionafterpublishingracialslur/22328.
59
BurmasIrresponsibleMedia,Irrawaddy,July11,2012,http://www.irrawaddy.org/archives/8862.
60
OnJune3,10MuslimswerekilledinthesameregioninapparentretaliationforthemurderoftheBuddhistgirl.
61
MediaFreedomStillMurkyinMyanmarDespiteProgress,GlobalVoices,February21,2013,
http://globalvoicesonline.org/2013/02/21/myanmarmediafreedomstillunderthreat/.
62
MinZin,WhySectarianConflictinBurmaisBadforDemocracy.
63
HmuuZawsFacebookpage,accessedonAugust2013,https://www.facebook.com/hmuu.zaw.
64
AnonymousTaughtTwitterAbouttheRohingyaGenocide,Vice,March26,2013,http://www.vice.com/read/anonymous
taughttwitterabouttherohingyagenocide.
65
KyawPhyoTha,WanbaoWelcomesInquiryCommissionsVerdict,Irrawaddy,March13,2013,
BURMA

Besides employing online tools for social and political mobilization, users have organized
gatherings, with government permission, to share general ICT-related knowledge. In January 2013,
Burmas fourth BarCampa user-generated conference about technology and the internetwas
held in Rangoon with over 6,000 participants.66 BarCamp meetings were also held in cities like
Mandalay and Bassein.

Given Burmas appalling history of violating user rights, late 2012 and early 2013 were
comparatively neutral periods as citizens awaited the results of sluggish legislative reforms. Users
remain at risk of prosecution and imprisonment under the repressive laws enacted by the junta, and
in a troubling May 2013 analysis, Human Rights Watch noted that an early draft of the
telecommunications law retained the Electronic Transactions Laws repressive section 33 without
change. Bloggers are not immune from legal threats, and a parliamentary committee wasted
valuable time and resources trying to identify an anonymous blogger who had criticized their
conflict with a constitutional court. Yet no new arrests were reported, and the only ICT-related
imprisonments on record involve former officials accused of leaking secrets.
The current constitution, drafted by the military-led government and approved in a flawed 2008
referendum, does not guarantee internet freedom. It simply states that every citizen may exercise
the right to express and publish their convictions and opinions, but only if these are not contrary
to the laws enacted for Union [of Myanmar] security, prevalence of law and order, community
peace and tranquility or public order and morality.67 Three other laws govern ICTs: the 1996
Computer Science Development Law, the 2002 Wide Area Network Order, and the 2004
Electronic Transactions Law (ETL).68 Of the three, the ETL is the most notorious and frequently
used. Under section 33, internet users face prison terms of 7 to 15 years and possible fines for any
act detrimental to state security, law and order, community peace and tranquility, national
solidarity, the national economy, or national cultureincluding receiving or sending related
information.69 In 2011, state-run media warned that the ETL could apply to defamatory statements
made on Facebook.70
Draft laws to reform this legislative framework were expected to pass in 2013,71 but their status at
the end of the coverage period remained unclear. Traditional media censorship was still authorized
in theory by the Printers and Publishers Registration Act of 1962, even though the board that
66
BurmaCampRangoon:Over6,000Participants(inBurmese),MyanmarTimes,January23,2013,
http://myanmar.mmtimes.com/index.php/technology/333420130123103723.html.
67
ConstitutionoftheRepublicoftheUnionofMyanmar(2008)English,availableOnlineBurma/MyanmarLibrary,
http://www.burmalibrary.org/show.php?cat=1140.
68
ListofBurma/Myanmarlaws19882004(bydate),availableOnlineBurma/MyanmarLibrary,
http://www.burmalibrary.org/show.php?cat=1729.
69
ElectronicTransactionsLaw,StatePeaceandDevelopmentCouncilLawNo.5/2004,availableUnitedNationsPublic
AdministrationNetwork,http://unpan1.un.org/intradoc/groups/public/documents/undpadm/unpan041197.pdf.
70
FrancisWade,PrisonThreatforFacebookDefamers,DemocraticVoiceofBurma,August3,2011,
http://www.dvb.no/news/prisonthreatforfacebookdefamers/16865.
71
Interviewwithaseniorgovernmentadvisor,January2013.
BURMA

enforced it was dismantled. Though new legislation that would repeal this law was passed in the
lower house of parliament in July 2013, it stalled in the upper house. Critics point out it retains
vaguely worded content controls and potentially punitive licensing for news outlets,72 even though
many lawmakers believed these had been removed following consultations with journalists.73
Similarly, the draft telecommunications law, which corresponds most closely to the ETL,
reproduced that laws repressive section 33 verbatim, according to a review of one draft by Human
Rights Watch.74 Officials told Human Rights Watch that many repressive measures were missing
from a subsequent draft, but this has not been made public.75
While potential penalties for ICT use still exist, no arrests were reported during the coverage
period. At least three former military or government officials remain imprisoned after they were
sentenced in early 2010 for leaking sensitive information about junta activities to overseas groups
via the internet.76 Dozens of political prisoners formerly jailed for electronic activities remain free
since they were released en masse in 2011. In general, however, these releases came with a
condition that reoffenders will receive a new sentence in addition to previously unfinished
sentences.
Although limits on content have loosened, content producers continue to face legal investigations
for publishing online. Two print newspapers with websites, the Voice Weekly and Modern Journey,
were sued for libel in 2012 for reports they said were in the public interest.77 In another notorious
example, a member of the military-backed ruling party urged parliament to uncover the identity of
pseudonymous blogger, Dr. Seik Phwar, following a January 14, 2013 post titled, Is Parliament
Above The Law?78 The article questioned parliaments decision to amend a law governing a ninemember, presidentially-appointed constitutional tribunal with power to overrule the government.
The amendment, which Thein Sein adopted on January 22 under pressure from parliamentarians,
gives them the right to challenge the tribunals rulings, even though its authority is outlined in
article 324 of the 2008 constitution.79 On February 8, a 17-member parliamentary committee was
established to uncover the bloggers identity, though when it announced its findings in July it did
72
SimonRoughneen,BurmasPressCouncilThreatensResignationOverMediaRules,July18,2013,
73
BadNews:NewFreedomsUnderThreat,Economist,August17,2013,http://www.economist.com/news/asia/21583700
newfreedomsunderthreatbadnews.
74
HumanRightsWatch,ReformingTelecommunicationsinBurma,
75
InAugust2013,outsidethecoverageperiodofthisreport,astatenewsreportsaidabillamendingtheETLsubmittedto
parliamentproposedmorelenientsentences.
76
InJanuary2010,aformermilitaryofficerandaforeignaffairsofficialweresentencedtodeath,andanotherforeignaffairs
officialwassentencedto15yearsinprison,forleakinginformationandphotographsaboutmilitarytunnelsandageneralstrip
toNorthKorea.InterviewwithBoKyi,cofounderoftheAssociationforAssistingPoliticalPrisoners(Burma),July2012.The
executionshavenotbeencarriedout.
77
BurmeseEditorandPublisherChargedwithLibel,BBC,September20,2012,http://www.bbc.co.uk/news/worldasia
19659294;Phanida,GovtConstructionEngineerSuesModernJournal,Mizzima,March7,2012,
http://www.mizzima.com/news/insideburma/6721govtconstructionengineersuesmodernjournal.html.
78
OliverSpencer,Myanmar:DrSeik'sFamousBlogPostbeingInvestigatedbyParliament(inEnglish),Article19,February13,
2013,http://www.article19.org/jointhedebate.php/91/view/;SawZinNyi,NaypyitawInvestigatestheMysteriousCaseof
Dr.SeikPhwar,Mizzima,March5,2013,
http://www.mizzima.com/news/insideburma/9003naypyitawinvestigatesthemysteriouscaseofdrseikphwar.html.
79
BurmeseMPsForceOutConstitutionalCourtJudges,BBC,September6,2012,http://www.bbc.co.uk/news/worldasia
19498968.
BURMA

not appear to have succeeded.80 The case was further complicated by the bloggers unclear political
affiliation, since Seik Phwar had criticized both Aung San Suu Kyi and Thein Sein alike since 2011,
and many observers believe he is influenced by anti-reformist military hardliners. Some of his
articles were reproduced in the journal Smart News, which is published by the information ministry.
How the new environment might transform state surveillance, which has historically been pervasive
and politicized, is not known. Experts interviewed for this report said there are no funds or interest
in developing nationwide technical surveillance at present, though activists are still monitored.
The junta is believed to have carried out cyberattacks against opposition websites in the past. These
attacks increased in February 2013 when many journalists and academics, including the author of
this report, received Googles notification of state-sponsored attempts to infiltrate personal
accounts on its e-mail service, Gmail;81 officials denied responsibility.82 Some recipients speculated
the attackers had military support.83
80
ParliamentaryCommissionFailstoExposeDefamatoryBlogger,ElevenMediaNews,July2,2013,
http://elevenmyanmar.com/national/2656parliamentarycommissionfailstoexposedefamatoryblogger.
81
ThomasFuller,EMailsofReportersinMyanmarAreHacked,NewYorkTimes,January10,2013,
http://www.nytimes.com/2013/02/11/world/asia/journalistsemailaccountstargetedinmyanmar.html?_r=3&;Shawn
Crispin,AsCensorshipWanes,CyberattacksRiseinBurma,CPJInternetChannel,February11,2013,
http://www.cpj.org/internet/2013/02/ascensorshipwanescyberattacksriseinburma.php.
82
TheAssociatedPress,MyanmarDeniesHackingJournalistEmailAccounts,February11,2013,
http://bigstory.ap.org/article/myanmardenieshackingjournalistemailaccounts.
83
ITexpertsandjournalistsinterviewedin2012and2013notedthatthosewhopreviouslyreceivedICTtrainingsinRussiaand
othercountriescouldstillbeplayingaroleinlaunchingcyberattacksagainstoppositionwebsitesandjournalists.
BURMA
CAMBODIA
2012
2013
PARTLY
N/A
FREE

n/a
n/a
n/a
n/a
Total (0-100)
14
15
18
47

In May 2012, the government announced it was in the process of drafting Cambodias
first ever cybercrime law, which netizens fear could extend traditional media
restrictions online (see VIOLATIONS OF USER RIGHTS).
At least three antigovernment blogs remain inaccessible on most ISPs, after an apparent
government ban in 2011, implemented without transparency, (see LIMITS ON
CONTENT).
In November 2012, the government told internet cafs near Phnom Penh schools to
relocate or close, threatening access throughout the capital (see OBSTACLES TO
ACCESS).
CAMBODIA

INTRODUCTION
New media and increased internet access are transforming the information environment in
Cambodia, where press freedom is traditionally curtailed. Through the use of new media and
digital tools, young activists of both genders are able to disseminate views on important social and
political issues, including the countrys besieged environmental resources. Social media websites
are quickly becoming an integral tool for sharing information and opinion.
The Royal Government of Cambodia,1 led by Prime Minister Hun Sen since 1998, restricts access
to sexually explicit content but has yet to systematically censor online political discourse, leading
some observers to hope Cambodia is entering an era of digital democracy.2
Yet the tide may be turning. Authorities have begun to interfere with information and
communications technology (ICT) access, blocking at least three blogs hosted overseas on multiple
ISPs for content that criticized the government since 2011. In 2012, government ministries
threatened to shutter internet cafes too near schoolsciting moral concernsand instituted
surveillance of cafe premises and cell phone subscribers as a security measure that could foretell the
emphasis of the countrys first cybercrime law, which the government began drafting in May 2012.
Online activists continued to raise public awareness around a number of causes such as the
imprisonment of veteran journalist Mam Sonando, who was sentenced to 20 years imprisonment
after documenting land seizures in 2012, then released on probation in 2013. Yet the very success
of such campaigns may be spurring the leaderships efforts to curb internet freedom in the same
way they do traditional media.
OBSTACLES TO ACCESS
The International Telecommunication Union reported internet penetration in Cambodia at just 5
percent in 2012.3 Other estimates are higher: Cambodias Ministry of Posts and
Telecommunications (MPTC) reported 2.7 million Internet users in March 2013, around 18
percent of the population of around 15 million.4
The absence of an extensive landline network has historically restricted internet penetration, since
the fixed landlines that broadband internet services depend on are often unavailable in rural areas.
Wireless broadband, which emerged in 2006, has helped bridge the digital divide between rural
and urban internet users.
1
Cambodiaisaconstitutionalmonarchy.KingNorodomSihamonisucceededhisfatherasheadofstatein2004.
SopheapChak,DigitalDemocracyEmerginginCambodia,UPIAsiaOnline,November11,2009,http://bit.ly/1fyzWq3.
3
InternationalTelecommunicationUnion,PercentageofIndividualsUsingtheInternet,20002012,http://bit.ly/14IIykM.
4
SuyHeimkhemra,CheapData,BetterTechPuttingMoreCambodiansOnline,VoiceofAmerica,March25,2013,
http://www.voanews.com/content/cheapdatabettertechputtingmorecambodiansonline/1628531.html.Theconsulting
firmWeAreSocialputpenetrationat16percentinalate2012report.See,SimonKemp,SocialDigitalandMobilein
Cambodia,WeAreSocial(blog),November7,2012,http://wearesocial.net/blog/2012/11/socialdigitalmobilecambodia/.
2
CAMBODIA

There are at least 24 internet service providers (ISPs) operating in the Cambodian market
government accounts cite as many as 275and they offer competitive rates for high-speed internet,
at around $12 a month.6 Affordable smart phones, tablets and other devices have also contributed
to the rise in the number of Cambodian internet and mobile users. About 98 percent of internet
users today have mobile access, either via satellite networks or Wi-Fi connections, according to the
MPTC. However, insufficient electricity supplies often result in nationwide blackoutswhich
impose constraints on computer and internet use.
Mobile phone users surpassed the number using fixed landlines surprisingly early in Cambodia, and
have gained in popularity since 2000, even at the bottom of the economic pyramid, due to their
affordability.7 As of September 2012, mobile penetration was at 131 percent, because some people
own more than one device.8 The figures are the outcome of intense competition among 10 mobile
service providers, who offer free SIM cards, affordable handsets and bonuses in their efforts to
secure more market share. In April 2013, the MPTC attempted to pass a resolution banning all
providers from offering these bonuses, apparently to protect companies with links to officials from
losing out to their competitors, but backed down after a public outcry.9
Thanks to these low prices, mobile phones have become indispensable in Cambodia, preferred over
traditional communications including landlines and the postal service. With poor transportation
infrastructure and electricity coverage, mobile phones offer the most convenient access to a range
of services including radio, music and video, and increasingly web access. Beyond that, mobile
phones have had a great impact on mobilization and collective actions. In the run-up to the 2007
and 2013 elections, political parties used short-message service (SMS) text messaging as the
cheapest and most effective way of spreading their message, while election monitoring groups also
used SMS to gather data. With technical support from the Cambodian NGO Open Institute and the
International Foundation for Electoral Systems, the Cambodian National Election Committee
(NEC) launched a voice-based information service to provide pre-recorded details for voters, free
of charge, in advance of the National Assembly election scheduled in July 2013.10
Language is another obstacle to access, since few online applications are coded in Khmer.
Technology companies and ICT experts have made a significant investment to improve Cambodias
infrastructure, including the development of Khmer language applications. The Khmer Unicode
font become widely available after the government recognized it as a standard in 2010.11 After five
5
O.U.Phannarith,HeadofCamCERTandPermanentMemberofCybercrimeLaw,WorkingGroupofNationalICTDevelopment
Authority,CambodiaEffortinFightingCybercimeintheAbsenceofLaw,slideshowpresentedattheAsiaPacificRegional
MockCourt,Jakarta,Indonesia,September1819,2012.
6
CheapData,BetterTechPuttingMoreCambodiansOnline,VOANews,March25,2013,http://bit.ly/109eoTm.
7
SopheapChak,MobileTechnologygivesCambodiansaVoice,UPIAsiaOnline,23April2010,http://bit.ly/a6vs0S.
8
9
KaingMenghunandJoshuaWilwohl,BanonGenerousMobileTopUpOffersLifted,CambodiaDaily,May7,2013,
http://www.cambodiadaily.com/archive/banongenerousmobiletopupofferslifted22713/.Seealso,Menghunand
Wilwohl,MobileBonusesAxedafterFirmComplaint,CambodiaDaily,May2,2013,http://bit.ly/16zRyyd.
10
OpenInstitute,IVRbasedInformationforthe2013NationalAssemblyElectionAvailable,18March2013,
http://www.open.org.kh/en/node/528.
11
SebastianStrangioandKhouthSophakChakrya,UnicodeopensdoorforKhmercomputing,May2,2008,
http://www.phnompenhpost.com/specialreports/unicodeopensdoorkhmercomputing.
CAMBODIA

years of collaboration by software developers, the release of Googles Khmer translation feature is
anticipated by the end of 2013.12 In addition, developers Sous Samak and Kim Sokphearum
launched their own Automatic English-Khmer Translation System in March.13 With these efforts, it
is hoped that Khmer speaking netizens will be able to read non-Khmer content and vice versa,
connecting Cambodian netizens to a wider audience.
The government welcomes and supports such technology and infrastructure developments.
However, despite public claims to support freedom of expression by Information Minister Khieu
Kanharith and others,14 officials have taken steps to interfere in internet access. In early 2010 the
government planned to introduce a state-run exchange to control all local ISPs with the declared
aim of strengthening internet security against pornography, theft and cybercrime.15 This plan,
however, has been postponed due to popular oppositioneven from inside the government.16
There is no independent regulatory body overseeing the digital landscape in Cambodia, and
controls are implemented through ad hoc internal circulars.17 In early November 2012, a
government circular called for the relocation of all internet cafs within a 500-meter radius of
schools and educational institutions in the capital, Phnom Penh.18 The circular cited young peoples
growing addiction to all kinds of [internet] games which it categorized as illegal along with
terrorism, economic crime, and pornography.19 Penalties for violating the circular include forced
closure, the confiscation of equipment, and arrest, though it did not specify potential sentences.
The rules would affect almost every cybercafe in the city, threatening internet access for those with
no personal computer, according to a map-based visualization produced by the non-profit web
portal Urban Voice Cambodia, which puts nearly every building in the capital within 500 meters of
one school or another.20 Internet users worry this indicates the kind of heavy-handed regulation
that might feature in an upcoming cyberlaw, which the government announced it would draft in
May 2012. So far, though, the circular has yet to be implemented.
LIMITS ON CONTENT
At least three popular Cambodian blogs hosted overseas were blocked for perceived
antigovernment content in 2011, and most users within the Kingdom are still unable to access them
12
ArneMauser,GoogleTranslatenowSupportsKhmer,OfficialGoogleTranslateBlog,April18,2013,http://bit.ly/18efRin.
PrakChanseyha,TwoYoungCambodianWomenDevelopanAutomaticTranslationSystem[InKhmer],March26,2013,
http://news.sabay.com.kh/articles/391769.
14
Minister:DemocracyExistsWithoutOppositionNewspapers,CambodiaHerald,May3,2013,http://bit.ly/18zuUnz.
15
SopheapChak,Cambodia'sGreatInternetFirewall?GlobalVoicesOnline,March2,2010,http://bit.ly/brP14M.
16
BrookeLewisandSamRith,MinistersDifferonInternetControls,PhnomPenhPost,February26,2010,
http://www.phnompenhpost.com/index.php/2010022632744/Nationalnews/ministersdifferoninternetcontrols.html.
17
ACircularisameasureendorsedbyaMinisterorthePrimeMinisterandisusedtoexplainapointoflawortoprovide
guidancewithregardstoapointoflaw.Itisadvisoryinnature,anddoesnothavebindinglegalforce,thoughitcaninclude
penaltiesfornoncompliance.
18
LICADHO,NewCircularAimstoShutDownInternetCafesinCambodia,pressrelease,December13,2012,
http://www.licadhocambodia.org/pressrelease.php?perm=298.
19
CambodianCenterforHumanRights,CambodianGovernmentSeekstoShutDownInternetCafsinPhnomPenhThereby
PosingaThreattoInternetFreedoms,briefingnote,December14,2012,http://bit.ly/17cObuG.
20
UrbanVoiceCambodia,SavetheInternetCafesCampaign,March15,2013,http://bit.ly/1bR8pxp.
13
CAMBODIA

without the use of circumvention tools. While this has not yet resulted in more systematic
censorship, these blocks revealed a troubling degree of cooperation between ISPs and officials, a
lack of transparency, and a refusal to heed public opinion, which generally remains against
government regulation of online content. In other cases, however, online activism has raised
awareness of compelling issues in the public interest.
Compared to traditional media in Cambodia, new media, including online news, social networks
and personal blogs, enjoy more freedom and independence from government censorship and
restrictions. However, the government has proactively blocked blogs and websites, either on moral
grounds, or for hosting content deemed critical of the government.
Since early 2009, websites and blogs showing pornography or sexually explicit images have been
subject to blocking. Notably, Reahu, a US-based site selling images of models depicting traditional
Apsara or Cambodian goddesses in erotic poses, is inaccessible in Cambodia.21 In early 2010, news
reports cited plans to gather bi-monthly meetings of a government morality committee, including
MPTC, Ministry of Womens Affairs and Ministry of Interior representatives, to review websites
and block those in conflict with national values. An official said this monitoring was necessary in
light of the rapid spread of ICTs nationwide.22 No restrictions have been reported as a result of such
a plan, but the governments intent appears unchanged: In early 2011, So Khun, Cambodias
Minister of Posts and Telecommunication, asked mobile phone operators to co-operate in
blocking web sites that affect Khmer morality and tradition and the government, according to The
Phnom Penh Post, citing internal MPTC minutes.23
Politically-motivated blocking has not yet been systematically applied, although it has been
observed on a case by case basis. In 2009, the Cambodian Center for Human Rights (CCHR)
reported the AngkorNet ISP was blocking access to a report by the UK-based NGO Global
Witness, because it criticized government corruption. AngkorNet confirmed its subscribers could
not access the content,24 but said it was due to a technical error.25 Since then, however,
international NGOs and news websites have been widely available.
Blogs hosted overseas, in contrast, became subject to blocks within Cambodia in early 2011 when
all ISPs blocked the international host service Blogspot, apparently in reaction to a December 2010
post on KI-Media, a blog run by Cambodians both inside and outside of the Kingdom. The site,
which is often critical of the administration, described the prime minister and other officials as
traitors after opposition leader Sam Rainsy alleged they had sold land to Vietnam at a contested
21
BrendanBrady,GovtMovesRaiseCensorshipFears,PhnomPenhPost,March3,2009,
http://www.phnompenhpost.com/national/govtmovesraisecensorshipfears.
22
SenDavidandBrookeLewis,CambodianGovernmentPaneltoTargetRacyImages,PhnomPenhPost,February3,2010,
http://www.phnompenhpost.com/national/govtpaneltargetracyimages.
23
ThomasMiller,MinistryDeniesBlockingWebsite,PhnomPenhPost,February16,2011,
http://www.phnompenhpost.com/national/ministrydeniesblockingwebsite.
24
SebastianStrangioandVongSokheng,NGOSiteBarredbyLocalISP,PhnomPenhPost,February9,2009,
http://www.phnompenhpost.com/national/ngositebarredlocalisp.
25
ProviderDeniesBlockingWatchdogsWebSite,VOAKhmer,February9,2009,
http://www.voacambodia.com/articleprintview/1354564.html.
CAMBODIA

national border. All ISPs except Metfone subsequently restored service to the sites following
customer complaints, according to CCHR.26 In February 2011, however, multiple ISPs including
Online, WiCam, Metfone and EZECOM reinstated blocks on individual Blogspot sites, including
KI-Media, Khmerizationanother critical citizen journalist blogand a blog by the Khmer
political cartoonist Sacrava.
The government denied responsibility for ordering the blocks. However, the same month, The
Phnom Penh Post leaked the contents of an e-mail sent from the account of Sieng Sithy, deputy
director of MPTC policy regulation, extending appreciation to ten ISPs for blocking access to KIMedia, Khmerization and Sacrava, among other sites.27 The Post also cited official minutes
documenting the ministry asking ISPs to impose the blocks. In the leaked email, Sieng Sithy urged
non-compliant service providers WiCam, Telesurf and Hello to abide by the request: We found
that you are not yet taken an action [sic], so please kindly take immediate action []Again and
again, in case of not well cooperation is your own responsibility [sic].28 Sieng Sithy declined the
Posts request to comment on the email, but other ministry officials denied its veracity, describing it
as a publicity stunt by the bloggers.
ISPs proved similarly evasive when reporters tried to narrow down the source of the blocks. An
EZECOM spokesman denied being asked to restrict access to specific sites, characterizing the
blocking as a technical problem. An unnamed WiCam employee, on the other hand, confirmed
receiving the emailed request to block the sites; WiCam users trying to visit KI-Media were
notified the content was blocked as ordered by the MPTC until mid-February, when the notice
was replaced by a generic error message, according to the Post.
The incident was a worrying indication to civil society groups that the government was seeking to
control online content as it does traditional media.29 Despite their protests, however, media
coverage of the censorship died down in 2012, though the affected sites remained largely
inaccessible within Cambodia in May 2013.
Besides blocking content, government bodies have also sought to restrict text messaging in the past.
The NEC and the MPTC requested three main mobile service providers shut off SMS services
nationwide the day before 2007 polls, justifying the action under a law prohibiting campaigning on
the day of or the day immediately before a vote. Opposition parties and human rights groups said
the ban would hamper freedom of expression.30 Ironically, the Cambodian Peoples Partywho
implemented the banthemselves embraced SMS as part of a successful 2008 election campaign,
26
CambodianCenterforHumanRights,FundamentalFreedomsSeries:InternetCensorship,factsheet,June2011,
http://www.cchrcambodia.org/admin/media/factsheet/factsheet/english/Internet_Censorship_Factsheet_Dove_en.pdf.
27
T.Miller,TangledWebRevealed,PhnomPenhPost,February16,2011.Seealso,VOANews,CambodiaBlocksAnti
GovernmentWebsites,February16,2011, http://bit.ly/16zRlel.
28
Miller,TangledWebRevealed.
29
FreedomHouse,CambodiaCountryReport,FreedomonthePress2013,http://bit.ly/159AgGQ.
30
PreetamRai,Cambodia:SMSblockedDuringElections,GlobalVoices,March31,2007,
http://globalvoicesonline.org/2007/03/31/cambodiasmsblockedduringelections/.
PeopleDailysOnline,CambodianelectionauthoritybansSMSonelectionday,March30,2007,
http://english.people.com.cn/200703/30/eng20070330_362308.html.
CAMBODIA

fuelled in part by a nationalistic movement stemming from disputed claims to temple on the border
with Thailand. The party won acclaim when it denounced Thai claims to the temple as an invasion
of Cambodian territory, though they subsequently had to distance themselves from popular SMS
campaigns urging Cambodians to boycott everything Thai. No attempts to limit SMS have been
documented since then. However, as the use of mobile technology continues to grow, officials
cited May 2012 rumors of a violent political clash in Phnom Penh circulating via SMS among the
justifications for the cybercrime law now in its draft stages.31
Despite these restrictions, the internet has contributed to the social and political development of
Cambodia. A range of netizens and grassroots activists have used new media and other online tools
to mobilize and make an impact. Facebook has a total penetration of 5.11 percent and is growing
fast, with Cambodian Facebook subscriptions increasing by 31 percent between May 2012 and
March 2013, according to one source.32 Such a sharp increasealbeit from a low starting point
has evidently given the government cause for concern. As July 2013 elections approached, the NEC
issued a statement in May requesting social media users to avoid providing wrong information
about election procedures and dates.33 On the same day, in remarks made to students, Information
Minister Khieu Kanharith warned those who are active on Facebook not to use the tool to impugn
the reputation of others.34
Personal blogging is popular in Cambodia. Most bloggers are aged between 20 and 29 and are well
educated, but the majority blog about personal experiences, rather than political events.35 There
are a number of political blogs and websites available to Cambodian youth, however. Users
continue to read even those blogs which are blocked, like KI-Media, through software that allows
proxy access, although no data is available indicating how widespread this practice is. A number of
blog causes have also emerged, such as Prey Lang Its Your Forest Too, a blog to provide public
updates on conservation activities surrounding an endangered forest. 36 Several online campaigns
and petitions have met with success. Veteran human rights defender and journalist Mam Sonando,
who was sentenced to 20 years imprisonment after reporting on land seizures in 2012, was released
on probation in March 2013 after sustained online and offline activism and international attention
caused the court to drop some of the charges against him.37 Internet users also protested against the
arrest of activists from the Boeung Kak community, who defend Phnom Pehns urban wetlands,38
31
CambodianCentreforHumanRights,CambodianGovernmentisdraftingthefirsteverCyberLaw,alert,May24,2012,
http://www.cchrcambodia.org/index_old.php?url=media/media.php&p=alert_detail.php&alid=21&id=5.
32
SocialBakers,FacebookStatistics:Cambodia,accessedMarch27,2013,
http://www.socialbakers.com/facebookstatistics/cambodia.
33
NationalElectionCommitteeofCambodia,StatementontheUsageofSocialMedia[InKhmer],May23,2013,
http://www.necelect.org.kh/nec_khmer/index.php?option=com_content&view=article&id=1064&Itemid=340;NECSays
StatementonBloggersNotAttackonFreeSpeech,CambodiaDaily,May27,2013,http://bit.ly/15aHXsj.
34
CambodianExpressNews,KhieuKanharithRemindsFacebookuserstobeCarefulWritingMisinformationandAffecting
OthersReputations[InKhmer],May23,2013,http://bit.ly/1biONCZ.
35
DepartmentofMediaandCommunication,EmpoweringCambodianWomenPsychologicallyThroughBlogging,Cambodia
CommunicationsReview2010,December2010,18.
36
PreyLangisthelargestprimarylowlanddryevergreenforestremainingbothinCambodiaandontheIndochinese
Peninsular.See,OurPreyLang,(Blog)accessedJuly2013,http://ourpreylang.wordpress.com/.
37
InternationalFederationofJournalists,JointStatement:Cambodia:MamSonandoReleased,March22,2013,
http://asiapacific.ifj.org/en/articles/jointstatementcambodiamamsonandoreleased.
38
See,forexample,Freethe15,(Blog),accessedJuly2013,http://freethe15.wordpress.com/.
CAMBODIA

and helped document Cambodias rising number of traffic accidents, stirring debate on how to
improve public safety.
There have been several blogosphere and technology gatherings among individuals who are
passionate about ICTs and personally invested in improving Cambodias ICT development.
Organizers of events such as BarCamp have extended even beyond Phnom Penh, thanks to
international donors and the private sector. Cambodia also hosted BlogFest Asia, a communityorganized gathering of around 200 individuals from several Asian countries, in early November
2012.

The news that the government was drafting a cybercrime law was the most concerning
development for Cambodian internet users in the past year. While the legislation will ostensibly
combat cybercrime, the use of existing criminal defamation and incitement laws to limit free
expression and punish traditional journalists sets a troubling precedent for future abuses by the
state. Neither is the government transparent about existing measures which govern the online
space: a circular ordering cybercafs and telecommunications providers to store user data and
provide it to police investigating threats to national securitywithout judicial oversighthas been
in place since February 2012, though it only came to light in August 2012.
The right to freedom of expression is enshrined in Article 41 of Cambodias constitution, and
protected by international treaties that the country has ratified and incorporated into its domestic
law.39 However, Cambodia has a poor record of honoring the right in practice. Politicians past and
present have sought to intimidate and suppress critics: Insofar as traditional media is concerned,
Cambodia appears to be pluralistic, yet the government and its allies exercise tight control over
print and broadcast news outlets, particularly those they perceive to be aligned with the political
opposition.
The government uses legal provisions governing criminal defamation and incitement to punish
those who use traditional media to share views that run counter to their own. In a 2012 report,
Human Rights Watch, citing local NGOs, reported 12 imprisonments on those counts handed
down by Cambodian courts since December 2010.40 These punishments serve as a disincentive to
individuals and organizations who wish to express their own views, encouraging self-censorship.
Since the last general election in 2008, the government has worked to increase the legislative
arsenal available to the judiciary in the pursuit of government critics.41 A new penal code, which
39
ConstitutionoftheKingdomofCambodia,Article31statesthattheKingdomofCambodiashallrecognizeandrespect
humanrightsasstipulatedintheUnitedNationsCharter,theUniversalDeclarationofhumanRights,thecovenantsand
conventionsrelatedtohumanrights,women'sandchildren'srights.
40
HumanRightsWatch,WorldReport2012:Cambodia,http://bit.ly/1dPDNdO.
41
CambodianCenterforHumanRightsandARTICLE19,Cambodia:FreedomofExpressionandthePointofNoReturn,Press
Release,February14,2011,availableatScoop.co.nz,http://bit.ly/e6bklj.
CAMBODIA

came into force in December 2010,42 contains nine provisions which criminalize various forms of
expression, while forthcoming laws that regulate unions and non-governmental organizations
threaten to further undermine freedoms of association and expression.43
In that context, internet users face the prospect of new legislation governing the online space with
trepidation. In May 2012, the government announced it was in the process of drafting Cambodias
first ever cyber law,44 with the stated intention of cracking down on online crimes so that it can
protect formal, private and copy-righted data from hacking, or the destruction of users formal
data, especially banks and related institutions.45
Besides legal measures, official harassment creates a climate of self-censorship on offensive or
politically-sensitive topics among Cambodias human rights and free expression communities.
CCHR documented 123 cases of anti-media harassment between 2007 and 2011.46 Among them,
police were reported arresting journalists, preventing them from entering public events,
confiscating or damaging their property, and threatening closure of their news outlets; other
journalists were subject to physical violence in retaliation for their work. Cambodian publishers and
editors have an active policy to cover less sensitiveand often less interestingstories, in order
to stay out of harms way.47
While bloggers have yet to be targeted in the same way as their traditional media counterparts, this
restrictive information environment helps explain why comparatively few netizens are politically
vocal. Furthermore, a 2010 conviction of a UN Food Program employee in Phnom Penh who
printed articles from KI-Media for colleagues served as a warning to internet users. The Phnom
Penh Municipal Court sentenced Seng Kunnaka to six months imprisonment and a fine of 1 million
riel ($250) on charge of incitement to commit a felony under Article 495 of the new penal code,48
though he had shared the information with just a handful of associates. Since this is an offense
anyone using digital tools to distribute information is liable to commit daily, observers believe the
conviction was intended as a deterrent. A more recent case also demonstrates the extension of
offline tactics of control to new media. In early 2013, after a teacher described Phnom Penh police
impounding his new motorbike on his personal Facebook account, police used the threat of a
42
HumanRightsWatch,Cambodia:NewPenalCodeUndercutsFreeSpeech,December23,2010,
http://www.hrw.org/en/news/2010/12/22/cambodianewpenalcodeundercutsfreespeech.
43
DraftLawonTradeUnions,availableatSithi,accessedAugust2013
http://www.sithi.org/temp.php?url=law_infrastructur.php&tab_id=&type=1&lg;andDraftLawonNongovernmental
OrganizationsandAssociations,availableatSithi,accessedAugust2013
http://www.sithi.org/temp.php?url=law_infrastructur.php&tab_id=&type=1&lg.
44
CambodianCenterforHumanRights,HumanRightsChronology,Sithi,December10,2012,
http://sithi.org/temp.php?url=crono_era.php&lg.
45
FaineGreenwood,AstheInternetRaisesCivicVoicesinCambodia,aStruggleBrewsoverNetControl,Techpresident,
March27,2013,http://techpresident.com/news/wegov/23659/internetcivicvoicescambodiastrugglenetcontrol.
46
HarassmentofMedia,Sithi,accessedJuly,2013,http://www.sithi.org/temp.php?url=jour_case/jour_case.php&lg.Nodata
hasbeenpublishedforthecoverageperiod.
47
SoldiersforFreeSpeech,PhnomPenhPost,January6,2010.
48
InternationalFederationforHumanRights,Cambodia:AssaultonFreedomofExpressionContinueswithConvictionofUN
Staff,December23,2010,http://www.fidh.org/CambodiaAssaultonfreedomofexpression.
CAMBODIA

defamation case against him to extract a signed statement that he would no longer discuss the topic
over Facebook.49
In February 2012, a joint Ministry of Interior and MPTC circular ordered internet cafes to set up
surveillance cameras and store footage for three months; phone shops and telecommunications
operators were told to register subscribers national ID cards or international passport and visas, on
the grounds such measures would better promote protection of national security, safety and social
order for the country.50 The operators are obliged to provide necessary documents including
users identity cards and used datawhich must be stored for six daysto designated officials for
purposes of investigation of any offense which is involved in issues of national security, safety and
social order. Under the internal circularwhich only came to public notice in August 2012
providers must also notify existing subscribers of the new requirements and are entitled to
temporarily suspend service if they fail to produce ID within a month. As of April 2013, in
accordance with Cambodias habitually slow pace of adopting new regulation, the requirements
have yet to be implemented, though civil society groups fear the impact of such supervision for
public debate and social activism. The circulars vague definition of what constitutes an offense
involving these issues, the lack of judicial oversight over officials requests for user data, and the
threat to impose unspecified fines or revoke licenses for telecommunications operators who fail to
comply, all represent a lack of respect for digital rights.
Government websites have been vulnerable to technical violence in the form of cyberattacks since
2002. Targets in 2012 and 2013 included the Supreme Court and the national police.51 The same
month, the hacktivist collective Anonymous released thousands of government documents online,
including official personnel and expense records, details of lost Cambodian passports, and law
enforcement exchanges with Cambodian-based embassies and consulates, in what the group
described as retaliation for the arrest of the absconding Swedish founder of file-sharing website The
Pirate Bay. Cambodian authorities deported Gottfrid Svartholm Warg under an international
warrant in September 2012 to serve a one-year jail term in Sweden in relation to a 2010 conviction
for copyright violations.52 While experts say many technical attacks go unreported in Cambodia,
analysts have not identified systematic targeting of civil society groups or government critics.
49
CambodianCenterforHumanRights,PhelPhearunAccusedofDefamationoveraFacebookPost,CaseStudySeries,March
2013,http://cchrcambodia.org/index_old.php?url=media/media.php&p=factsheet_detail.php&fsid=54&id=5.
50
JohnWeeks,CambodiasDefaultInternetLawDraftTranslation,Jinja.Apsara,July5,2012,
http://jinja.apsara.org/2012/07/cambodias_default_internet_law%E2%80%93draft_translation/.
51
EllynePhneah,TwoMoreCambodiaGovtSitesHackedandDefaced,ZDNet,January10,2013,http://www.zdnet.com/two
morecambodiagovtsiteshackedanddefaced7000009622/;DeniseHrubyandNeouVannarin,CambodiaDaily,January10,
2013,http://www.cambodiadaily.com/archive/governmentwebsitesahavenforhackers7577/.
52
ConalUrquhart,PirateBayCofounderGottfridSvartholmWargArrestedinCambodia,Guardian,September3,2012,
http://www.guardian.co.uk/technology/2012/sep/02/piratebayfounderarrestedcambodia.
CAMBODIA
CHINA
2012
2013
NOT NOT
FREE FREE
18
19
29
29
38
Total (0-100)
85
86
POPULATION: 1.35 billion


Mobile replaced broadband as the number one means of accessing the internet in 2012
(see OBSTACLES TO ACCESS).
Chinas cybercafs are now 40% owned by chains, which are easier for authorities to
regulate than independent businesses (see OBSTACLES TO ACCESS and VIOLATIONS OF
USER RIGHTS).
Traffic on Virtual Private Networks (VPNs)used to bypass censorshipwas
disrupted, sometimes obstructing commercial use (see LIMITS ON CONTENT).
Regulators ordered online video services to censor short films in July 2012, when users
adopted them to bypass film and broadcast restrictions (see LIMITS ON CONTENT).
Security agents in Tibet and Xinjiang searched cellphones to pre-empt allegedly antistate activity (see VIOLATIONS OF USER RIGHTS).
A Criminal Procedure Law amendment took effect in January 2013, strengthening legal
grounds for detaining anti-state suspects incommunicado (see VIOLATIONS OF USER
RIGHTS).
CHINA

KEY FIGURES
564 million: Internet users the government reported as of January 2013;

986 million: Mobile phone owners reported;
800 million: People still citing television as their main source of news (see
OBSTACLES TO ACCESS).
94: Chinas position in one worldwide survey of broadband speeds;

3: Hong Kongs position in the same survey (see OBSTACLES TO ACCESS);
400 million: Microblog accounts registered on Sina Weibo;
46 million: Sina Weibo accounts that are actively used;
50,000: Sina Weibo accounts openly operated by ministries or officials (see
LIMITS ON CONTENT);
24 hours: Time it takes for Sina Weibo to delete most banned posts (see LIMITS
ON CONTENT);
12: Tibetans detained for allegedly inciting separatism, some via mobile phone (see
VIOLATIONS OF USER RIGHTS);
20: Uighurs sentenced in March 2013 for alleged militant activity involving
internet, phone and digital storage devices (see VIOLATIONS OF USER RIGHTS).
CHINA

INTRODUCTION
The Chinese Communist Partys commitment to curtailing internet freedom was unwavering over
the course of the leadership change that took place during the coverage period for this report, May
1, 2012, to April 30, 2013. If anything, the high-level meetings at which the handover was
announced served as catalysts for tighter controls on content, measures to deliberately slow
internet traffic, and intensified harassment of dissidents, as the partys propaganda and security
agencies worked to eliminate any nascent political challenge. The internet restrictions Freedom
House documented this year were faster and more nuanced than ever before.
The selection of Xi Jinping as the new party chief and head of state emphasized continuity, a
message that was reinforced by the simultaneous promotion of party hard-liners like propaganda
czar Liu Yunshan. The rhetoric of the new leadership also harkened back to the past. Party officials
circulated seven speak-nots, or taboo topicswhich included citizens rights and press
freedomto universities and media groups in May 2013. Meanwhile, Xi adopted the Maoist term
mass line to encourage fellow cadres to remain close to the people.
This conservative discourse cannot conceal the unprecedented transformation taking place in
China: More than 500 million people in the country are now online. Internet penetration is at 42
percent, compared with just 6 percent when Xis predecessor, Hu Jintao, took office in 2003.
Residents of cities like Shanghai and Beijing are the primary beneficiaries of this expanded access,
while rural areas lag behind. An estimated 800 million people still rely on television outlets, like
state broadcaster China Central Television (CCTV), as their main source of information.1 But for
the first time on record, more Chinese people connected to the internet via mobile phone than
through any other method in the past year, meaning penetration will only continue to climb.
Internet access has provided Chinese citizens with new tools to challenge policy. This year, millions
of online comments about air pollution spurred a nationwide upgrade of oil refineries. Online
forums also host a surprising range of opinions on political topics. When Edward Snowden fled to
Hong Kong after leaking U.S. National Security Agency secrets, users of microblog platforms in
China both supported and derided him; some joked cynically that he should see how China handles
its citizens internet records.2
Many believe that such incremental civic gains will inevitably spark political reform. A 2013 meme
imagined a future shift in the perspective of the Chinese authorities: When there are a hundred of
you, we will detain you, it read, but when there are a hundred thousand of youwe will join
you.3 Yet the internet has also provided those authorities with an extraordinary range of tools to
1
HuYongetal.,MappingDigitalMedia:China(NewYork:OpenSocietyFoundations,2012),
http://www.opensocietyfoundations.org/sites/default/files/mappingdigitalmediachina20121009.pdf.
2
WendyQian,ChineseWebUsersReacttoPRISM:TheEndoftheAffairwithGoogleandApple?TeaLeafNation,June11,
2013,http://www.tealeafnation.com/2013/06/chinesewebusersreacttoprismtheendoftheaffairwithgoogleand
apple/.
3
XiaoShu,TheSouthernWeeklyIncident,AnExerciseinCitizenAction,ChinaMediaProject,January31,2013,
http://cmp.hku.hk/2013/01/31/31034/.
CHINA

contain critical conversations. A 2012 academic review of censorship across nearly 1,400 online
platforms in China estimated that 13 percent of posts containing sensitive keywords were deleted,
many within 24 hours of publication, some within minutes.4
Even with vast technological and human resources at their disposal, censors struggled to limit some
online debates in the past year. Actress Yao Chen posted a quotation from Soviet-era dissident
Aleksandr Solzhenitsyn, One word of truth outweighs the whole world, to her network of 32
million microblog followers in support of Southern Weekly journalists in Guangzhou who were on
strike against censorship in January 2013.5 Anti-Japanese protesters also overwhelmed content
controls during a flare-up in the territorial dispute between China and Japan in September 2012.
Online vitriol escalated into violent rioting, which Chinese Communist Party (CCP) officials
consider a threat even when it supports their position.
But Chinese information authorities are also adept at manipulation, and increasingly adaptable as
complex situations unfold. In Guangzhou, propaganda officials negotiated with journalists to end
the January strike without conceding to all their demands, and the story fell out of the public eye. It
was a memorable achievement, but no other newsrooms were emboldened to follow suit. A stateled wave of editorials condemning anti-Japanese activity helped rein in protests the previous
September. Experts even speculate that censorship can be temporarily lifted, and criticism of select
officials tacitly encouraged, as a weapon in the partys internal politics. Anticorruption campaigns
spread like wildfire online in China, helping the central government hold local officials in check.
Yet when the New York Times and Bloomberg accused the families of top leaders of amassing
disproportionate wealth, their websites were subjected to punitive blocking and their staff
computers were hacked.
Even when content is filtered, the process is being constantly refined, often by private companies
that serve as intermediaries between the state and users. The 1989 Tiananmen Square massacre is
so thoroughly censored that users of the popular Sina Weibo microblogging platform are not even
able to use the search term today on the anniversary, June 4.6 Yet this year, Sina unblocked a
handful of Tiananmen-related search terms, allowing users to access dozens of discussionsthough
unrelated to the 1989 protests in Beijing or the subsequent military crackdown.7 By offering
sanitized results rather than the standard message that blocked keywords usually produce, the
company appeared determined to make its censorship invisible.
Far from stifling private innovation, the state has effectively harnessed it to further its own goals.
Sina publicly acknowledges that it cannot yet fulfill all of the Chinese governments requirements,
like registering its Weibo users real names. But to avoid getting shut down, it will continue to try.
4
GaryKing,JenniferPan,andMargaretRoberts,HowCensorshipinChinaAllowsGovernmentCriticismbutSilencesCollective
Expression,WorkingPaper,June18,2012,http://gking.harvard.edu/files/censored.pdf.
5
ScottGreene,"SouthernWeeklyEditorialStaffGoesonStrike,"ChinaDigitalTimes,January6,2013,
http://chinadigitaltimes.net/2013/01/southernweekendeditorialstaffgoesonstrike/.
6
CensoringaCommemoration:WhatJune4RelatedSearchTermsAreBlockedonWeiboToday,Citizenlab,June3,2013,
https://citizenlab.org/2013/06/censoringacommemorationwhatjune4relatedsearchtermsareblockedonweibotoday/.
7
SinaTestingSubtleCensorshipaheadofTiananmenAnniversary,Greatfire.org,May31,2013,
https://en.greatfire.org/blog/2013/may/sinatestingsubtlecensorshipaheadtiananmenanniversary0.
CHINA

Indeed, many of the more subtle developments documented in this report did not originate with
the central propaganda department, a bastion of conservative ideology not known for nuance.
Instead, they were developed by service providers looking to satisfy the governments demands
while maintaining the illusion of freedom for their users. Google, since it challenged the Chinese
governments censorship practices in 2010, has attempted to innovate on the side of transparency,
briefly informing Chinese users of blacklisted search terms in 2012.8 But its experiments have cost
it considerable market share as the authorities seek to marginalize the company.
Much is at stake for these firms, but the penalties of defying the state are far greater for individual
dissidents. Security agencies make use of widespread surveillance capabilities and a politicized legal
system to pursue selective prosecutions of dozens of people like Cao Haibo, whose eight-year
prison sentence for publishing antistate content online was reported in November 2012. What
constitutes antistate content is alarmingly broadin Caos case it was articles he had written about
democracyand can include material published years before a case comes to trial, whether or not
it was censored at the time. Ethnic minorities in regions where CCP rule is disputed or resented,
such as Tibet and Xinjiang, are particularly vulnerable. At least a dozen Tibetans and 20 Uighurs
were jailed during the coverage period in relation to their sharing of information online or via
mobile phone. Prosecutors claims that they were inciting separatism or violence are impossible to
verify, as their trials lack due process and are closed to observers. The state continues to pour
resources into separating these perceived enemies from families, lawyers, and journalists. In 2012,
China spent more on social stability maintenancewhich includes many of the practices of
information control outlined in this reportthan it did on defense.
The CCPs influence online reaches far beyond Chinas borders. Nearly a third of cyberattack
traffic worldwide in 2012 was traced to Chinese soil, and cybersecurity experts tracked one
notorious hacking group to a military facility in Shanghai. Such international activity generally falls
outside the scope of this report, but it is rooted in the online environment outlined here. It also
serves as an added reminder that Chinese internet freedom, or the lack thereof, has ramifications
for the entire world.
Censorsquicklydisabledthefeature,andthecompanyapparentlydiscontinuedit.BillBishop,TodaysChinaReadings,
SinocismChinaNewsletter,July11,2012,https://sinocism.com/?p=5722;AllBlockedKeywordsAccordingtoGoogle,
Greatfire.org,June2,2012,https://en.greatfire.org/blog/2012/jun/allblockedkeywordsaccordinggoogle.
CHINA

OBSTACLES TO ACCESS
China had the largest number of internet and mobile phone users in the world in January 2013,
with an estimated 564 million and 986 million, respectively.9 These figures, though staggering,
paint an incomplete picture of Chinas uneven economic development and manipulated
connectivity. Average broadband connection speeds are comparatively slow, leaving China in 94th
place in global rankings.10 It is stymied by poor infrastructureparticularly in the countrys vast
rural areasand a telecommunications industry dominated by state-owned enterprises.
Centralized control over international gateways and sporadic, localized shutdowns of internet
access around sites of social unrest are significant obstructions to full and free access. Nationwide
blocking, filtering, and monitoring systems further slow access to international websites.11 The
Hong Kong administrative region, free of these obstacles, enjoys the third-fastest average
connection speeds worldwide, after South Korea and Japan,12 and at a fraction of mainland prices.
The China Internet Network Information Center (CNNIC), an administrative agency under the
Ministry of Industry and Information Technology (MIIT), reports that rates of internet adoption
have actually slowed since 2011 as the urban market approaches saturation.13 Moreover, the gap
between penetration rates in urban and rural areas has widened since 2007.14 The 72.2 percent of
residents online in the capital, Beijing, vastly outnumber the 28.5 percent with internet access in
the least-connected province of Jiangxi in the southeast.15 This divide kept overall internet
penetration at just 42.1 percent,16 slightly higher than the global average, which was 35 percent in
2011.17
CNNIC,TheCNNICReleasedthe31stStatisticalReportonInternetDevelopmentinChina,NewsRelease,January15,2013,
http://www1.cnnic.cn/IDR/ReportDownloads/201302/P020130221391269963814.pdf.
10
LinJingdong,GlobalSpeedHeavy:MainlandChinaRanked94thintheSecondHalfof2012,VentureData.org,January26,
2013,http://www.venturedata.org/?i480706_GlobalspeedHeavyMainlandChinaranked94thinthesecondhalfof2012.
11
JamesFallows,TheConnectionhasbeenReset,TheAtlantic,March2008,
http://www.theatlantic.com/magazine/archive/2008/03/ldquotheconnectionhasbeenresetrdquo/6650/.
12
ChristyChoi,HongKongHasFastestPeakInternetSpeedinWorld,SouthChinaMorningPost,January25,2013,
http://www.scmp.com/news/hongkong/article/1135480/hongkonghasfastestpeakinternetspeedworld?page=all.
13
CNNIC,ZhongGuoHuLianWangFaZhanZhuangKuangTong[The28thReportontheDevelopmentoftheInternetinChina]
(Beijing:CNNIC,2011),http://www.cnnic.cn/research/bgxz/tjbg/201107/P020110721502208383670.pdf.
14
CNNIC,ZhongGuoHuLianWangFaZhanZhuangKuangTong[The29thReportontheDevelopmentoftheInternetinChina]
(Beijing:CNNIC,2012),21,
http://www.cnnic.cn/research/bgxz/tjbgdtygg/dtgg/201201/P020120116330880247967W020120116337628870651.pdf;Benat
BilbaoOsorio,SoumitraDutta,andBrunoLanvin,TheGlobalInformationTechnologyReport2013,WorldEconomicForum,
2013,http://www3.weforum.org/docs/WEF_GITR_Report_2013.pdf.
15
CNNIC,ZhongGuoHuLianWangFaZhanZhuangKuangTong,[The31stReportontheDevelopmentoftheInternetin
China],January2013,15http://www.cnnic.cn/hlwfzyj/hlwxzbg/hlwtjbg/201301/P020130122600399530412.pdf.
16
CNNIC,[The31stReportontheDevelopmentoftheInternetinChina].
17
ITU,TheWorldin2011:ICTFactsandFigures(Geneva:ITU,2011),http://www.itu.int/ITU
D/ict/facts/2011/material/ICTFactsFigures2011.pdf.
CHINA

Graph A. Internet Penetration Rate in Provinces of Mainland China between 2011
and 2012
(Source: CNNIC)
The CNNIC reported 422 million mobile internet users in December 2012. By contrast,
broadband subscriptions declined from 450 million in 2010 to 380 million in 2012.18 (Broadband
subscriptions have dwarfed dial-up since 2005.19)
Mobile replaced fixed-line broadband as Chinas preferred means of accessing the internet for the
first time in 2012. Internet access via cybercaf declined, accounting for 22.4 percent of users,
down from 27.9 percent in 2011.20 While internet-enabled 3G (third-generation) phones are
priced beyond the reach of many, platforms like the Tencent QQ instant-messaging service and
Sina Weibo allow users to send and receive messages at low cost via 2G handsets.
18
163.comwebportalvisualizationofCNNIC,[The31stReportontheDevelopmentoftheInternetinChina],
http://tech.163.com/special/cnnic30/#full.
19
CNNICReleasesInternetReport:ChinasInternetUsersExceed100Million,XinhuaNews,July22,2005,
http://news.xinhuanet.com/newmedia/200507/22/content_3251081.htm.
20
CNNIC,[The31stReportontheDevelopmentoftheInternetinChina],21.
CHINA

Graph B. Percentage of Internet Users Getting Internet Access Through Mobile
Phones, Broadband, and Cybercafs
(Source: CNNIC)
The historically high cost of broadband internet access helps to account for the shift toward mobile.
The government took steps to address this when a 2011 antimonopoly investigation accused the
state-owned China Telecom and China Unicom of abusing their market dominance to manipulate
broadband pricing and overcharge competitors. The investigation was the first instance in which a
2008 antimonopoly law was used against state-owned enterprises, and it was announced in an
unusually public way on CCTV.21 The telecom giants swiftly revised their internetwork pricing
structures to allow rivals fair access to their infrastructural resources.22 Interestingly, one of the
beneficiaries of this measure may be a government regulator, the State Administration of Radio,
Film, and Television (SARFT), which said in 2012 that it would launch a national cable network,
funded by the Ministry of Finance and offering telephone, broadcasting, and internet services. The
plan would advance the overall integration of these three services, a goal the State Council had
previously pledged to achieve throughout China by 2015, though the timetable for its
implementation is not clear.23
While customers can now choose from among scores of private internet service providers (ISPs),
the large state enterprises are widely perceived as responsible for the costly, inefficient connections
21
JanHolthuis,WaroftheGiantsObservationsontheAntiMonopolyInvestigationinChinaTelecomandChinaUnicom,HIL
InternationalLawyers&Advisers,March2,2012,http://legalknowledgeportal.com/2012/03/02/warofthegiants
observationsontheantimonopolyinvestigationintochinatelecomandchinaunicom/..
22
LuHui,ChinaTelecom,ChinaUnicomPledgetoMendErrorsafterAntimonopolyProbe,XinhuaNews,December2,2011,
http://news.xinhuanet.com/english2010/china/201112/02/c_131285141.htm;GuoJiaGuangDianWangLuoGongSiJiang
QiangChengLiZhongYiDongWeiCanYuChuZi[StateRadioandTelevisionNetworksWillbeSetUp],Sina,November15,
2012,http://tech.sina.com.cn/t/20121115/03037799520.shtml..
23
TanMin,SARFTFinishesPlanforNationalCableOperator,Caixin,August6,2012,http://english.caixin.com/201208
06/100420145.html.
CHINA

that continue to prevail.24 The Beijing-based research company Data Centre of China Internet
reported that the average cost of 1 Mbps of bandwidth was 469 times more on the mainland than in
Hong Kong in 2011,25 while consumers complained that broadband speeds remained slower than
advertised in 2012.26 The MIIT has sought other methods to improve internet service, such as
mandating that homes constructed within reach of public fiber-optic networks be connected via a
selection of service providers from April 2013 onward.27 Whether Chinas infrastructure will be
able to keep pace with such ambitious government projects, however, is still uncertain. Although
the MIIT said all broadband users would have internet access at 100 Mbps by 2015, the average
speed in the fastest city, Shanghai, was just 4.04 Mbps in 2012, compared with 2.52 Mbps in the
less-developedand more heavily censoredTibetan Autonomous Region.28
Graph C. Average Broadband Connection Speed in 2012 Q4 (Source: ChinaCache)
Mobile phone communication is also dominated by state-owned enterprises, including China

Mobile, China Telecom, and China Unicom. This situation, too, is under review: The MIIT issued
draft proposals to open the market in January 2013, allowing private companies to buy mobile
24
TighterRulesforTelecomCosts,ShanghaiDaily,April26,2012,http://www.china.org.cn/business/2012
04/26/content_25241615.htm.
25
ZhongGuoKuandaiYonghuDiaocha[SurveyofChinasBroadbandUsers],DataCenterofChinaInternet,20112012,
http://www.dcci.com.cn/media/download/905430773daab3f27453929ee140539fdc12.pdf.Thecenterhasnotreleaseddata
for2012.
26
ChineseInternetChokedbyFakeBroadbandProviders,GlobalTimes,October8,2012,
http://www.globaltimes.cn/content/736926.shtml.
27
ShenJingting,NewResidencesRequiredtoProvideFiberNetworkConnections,ChinaDaily,January9,2013,
http://usa.chinadaily.com.cn/business/201301/09/content_16099801.htm.
28
ChinasBroadbandSpeedsShowShanghaiZoomingAhead[INFOGRAPHIC],TechinAsia,September20,2012,
http://www.techinasia.com/chinabroadbandspeeds2012infographic/;ChinaInternetReport:TheFirstQuarterof2013,
ChinaCache,May2013,http://files.shareholder.com/downloads/ABEA528MQE/2583814687x0x664689/2c293e5cde244102
b7bd828c0501bd94/ChinaCache_First_Quarter_2013_China_Internet_Report.pdf.
CHINA

network resources and repackage them for the user over a two-year trial period.29 China Mobile
began testing faster 4G service in some eastern Chinese cities in 2013, and the MIIT said in late
2012 that it would be issuing licenses to providers to upgrade to 4G service within a year.30
The government has been willing to liberalize the telecommunications market in part because of
the countrys centralized connection to the international internet. Six state-run operators maintain
the countrys international gateways. 31 This arrangement remains the primary infrastructural
limitation on open internet access, as it gives the authorities the ability to cut off cross-border
information requests. All ISPs must subscribe via the gateway operators and obtain a license from
the MIIT. Internet access via mobile phones is also monitored by the international gateway
operators under MIIT oversight.
The government has shut down access to entire communications systems in response to specific
events, notably imposing an astounding 10-month internet blackout in the Xinjiang Uighur
Autonomous Region after an outburst of ethnic violence in the regional capital Urumqi in July
2009.32 Since then, authorities have enforced smaller-scale shutdowns lasting several days or weeks.
Officials in predominantly Tibetan areas of western China twice cut off local internet access during
2012: once in February following clashes surrounding a series of self-immolations and reports that
soldiers had opened fire on civilians,33 and again for two days around the July 7 birthday of the
Dalai Lama, Tibets exiled spiritual leader.34 More than 100 self-immolationssuicides committed
in protest against Chinese rulehave been documented since 2009.35
In other cases, the level of official interference with connectivity was hard to gauge. China was
briefly isolated for two hours in April 2012 when users reported that all international websites
were inaccessible. Hong Kong and U.S. users were unable to visit sites hosted in China during the
same period. Cloud Flare Inc., a U.S.-based company that studies web performance, told the Wall
Street Journal that the interruption appeared to have been triggered by overactive filtering, rather
than a technical glitch, and that only traffic from China Telecom and China Unicom plummeted;
smaller providers were unaffected.36 In August 2012, the same company reported increased
29
SengJingting,TelecomPlansWillHelpBreakIndustryMonopoly,ChinaDaily,January1,2013,
http://www.chinadaily.com.cn/bizchina/201301/09/content_16098031.htm.
30
ChinaMobileLaunchesTDLTECommercialTrialsinHangzhou,Wenzhou,MarbridgeDaily,February4,2013,
http://www.marbridgeconsulting.com/marbridgedaily/archive/article/63196/china_mobile_launches_td_lte_commercial_trials
_in_hangzhou_wenzhou#When:12:00:00Z;WantChinaTimes,ChinaPavesWayfor4GTelecomNetworkExpansion,
November28,2012,http://www.wantchinatimes.com/newssubclasscnt.aspx?id=20121128000040&cid=1502.
31
CNNIC,[The31stReportontheDevelopmentoftheInternetinChina],21.
32
ChrisHogg,ChinaRestoresXinjiangInternet,BritishBroadcastingCorporation(BBC),May14,2010,
http://news.bbc.co.uk/2/hi/asiapacific/8682145.stm.
33
TaniaBranigan,ChinaCutOffInternetinAreaofTibetanUnrest,Guardian,February3,2012,
http://www.guardian.co.uk/world/2012/feb/03/chinainternetlinkstibetanunrest.
34
ChinaCelebratesDalaiLamasBirthdaybyCuttingCommunicationsinTibetanRegion,IndexonCensorship,July10,2012,
http://www.ifex.org/china/tibet/2012/07/10/communications_cut/.
35
SelfImmolationsbyTibetans,InternationalCampaignforTibet,June19,2013,http://www.savetibet.org/resources/fact
sheets/selfimmolationsbytibetans/.
36
PaulMozur,NewClarityonChinaInternetOutage,ChinaRealTimeReport(blog),WallStreetJournal,April13,2012,
http://blogs.wsj.com/chinarealtime/2012/04/13/newclarityonchinainternetoutage/.
CHINA

difficulty with traffic out of China, but without a consistent pattern to indicate the cause.37 An
MIIT spokesperson denied rumors that China was closing down the internet in advance of the
politically sensitive 18th Party Congress in the fall, but acknowledged conducting maintenance.38
Authorities exercise tight control over cybercafs and other public access points, which are licensed
by the Ministry of Culture in cooperation with other state entities.39 Consolidating these helps
increase the efficiency of surveillance and censorship.40
By 2012, chains had absorbed around 40 percent of cybercafs following a ministry-led push to
eliminate sole-proprietor locations by 2015. Over 10 different government and CCP entities, at
both the national and local levels, are involved in internet censorship, with some instructions
coming straight from the top. The State Internet Information Office was created in 2011 to
streamline propaganda directives for online content, punish violators, and oversee
telecommunications companies.41 It has since increased controls on online videoparticularly
short-form microfilms that are commonly used to evade controls on content screened by
mainstream movie theaters or news media42and real-name registration for online platforms.43
Two official regulatory entities, SARFT and the General Administration for Press and Publications
(GAPP), are slated to merge, according to a plan announced in March 2013.44
37
TaniaBranigan,ChinasInternetUsersTemporarilyBlockedfromForeignWebsites,Guardian,April12,2012,
http://www.guardian.co.uk/world/2012/apr/12/chinainternetusersforeignwebsites.
38
BrianSpegeleandPaulMozur,ChinaHardensGripbeforeMeeting,WallStreetJournal,November10,2012,
39
TheseincludethePublicSecurityBureauandtheStateAdministrationforIndustryandCommerce.YiKanJiuMingbaiQuan
ChengTuJieWangBaPaiZhaoShenQingLiuCheng[Alookatanillustrationofthewholecourseofthecybercaflicense
applicationprocess],Zol.com,http://detail.zol.com.cn/picture_index_100/index997401.shtml.
40
Chinas2013InternetCafMarketDown13%YoY,17173.com,April28,2013,
http://www.marbridgeconsulting.com/marbridgedaily/201304
28/article/65634/chinas_2013_internet_caf_market_down_13_yoy.
41
TheStateInternetInformationOfficeoperatesunderthejurisdictionoftheStateCouncilInformationOffice.ChinaSetsUp
StateInternetInformationOffice,ChinaDaily,May4,2011,http://www.chinadaily.com.cn/china/2011
05/04/content_12440782.htm.SeealsoNewAgencyCreatedtoCoordinateInternetRegulation,ChinaMediaBulletin,May5,
2011,http://www.freedomhouse.org/article/chinamediabulletinissueno21#3.
42
MathewScott,CensorsCatchUpWithChinasMicroFilmMovement,AgenceFrancePresse,July16,2012,
http://www.google.com/hostednews/afp/article/ALeqM5itjrPwXQFfB7ueKsg1TdiOtItR8w?docId=CNG.09667aa7e67669f6f7d1a
284e78d6e1d.c1.
43
SeeCongressionalExecutiveCommissiononChina(CECC),AnnualReport2012(Washington:CECC,2012),5053,
http://www.gpo.gov/fdsys/pkg/CHRG112shrg76190/pdf/CHRG112shrg76190.pdf.
44
AliceXinLiu,ChinasTwoMainCensorshipBodiestoMerge,Uncut(blog),IndexonCensorship,April19,2013,
http://uncut.indexoncensorship.org/2013/04/sarftgappchinacensorship/.
CHINA

LIMITS ON CONTENT
LIMITS ON CONTENT: AN OVERVIEW

MAY 2012APRIL 2013
Censorship predictably intensified in advance of the leadership transitions at the

November 2012 party congress and the March 2013 National Peoples Congress session.
Reports of unrest, such as Tibetans self-immolating, were especially curtailed. The
methods used were generally more precise and less visible than in the past, with the
exception of a campaign against Bloomberg and the New York Times for their probing
reports on wealth accumulation by Chinas first families. Instead of filtering out the
individual articles, censors blocked the entire websites, depriving them of readership and
advertising revenue.
Users in China can still access content hosted outside China using circumvention tools, at
least until more companies follow China Unicom, which started severing connections on
which circumvention was detected in December. Meanwhile, microblog users
sometimes find that their posts have become invisible to others, requiring them to repost
to keep their content in the public domain. These customized controls and manipulative
practices are better understood thanks to some meticulous research and reporting
published in 2012 and 2013.
In the past year, digital media also fueled popular participation in key debates over issues
of public interest, such as smog levels in Beijing. But it is becoming harder to assess
whether these movements represent a challenge to the censorship apparatus. They may
be a sign that information authorities are more adept than ever at channeling outbreaks of
discontent away from political issues and into local, finite, social matters.
In keeping with the unmatched size of their online population, Chinese authorities employ the most
elaborate system for internet content control in the world. Government agencies and private
companies employ thousands of people to monitor, censor, and manipulate content, from news
reports to social-network pages. Routine censorship can be reinforced surrounding politically
sensitive events, or just in response to the latest hot topic. Even this heavily censored and
manipulated online environment, however, provides more space for average citizens to express
themselves and air their grievances against the state than any other medium in China.
Content with the potential to delegitimize CCP rule is systematically censored. Criticism of top
leaders or policies, both present and past, is almost always controlleda category that
encompasses the legacy of Mao Zedong, the 1989 military crackdown on student-led protests in
CHINA

Beijing, and the Korean War. Independent evaluations of Chinas human rights record or CCP
policies toward ethnic minorities and the banned Falun Gong spiritual group are also off-limits,45 as
are dissident initiatives that challenge the one-party regime. Names of established dissidents are
frequently blocked, to prevent them gaining a wider following.
These standing taboos are supplemented by evolving, almost daily directives on negative
developments or budding civic movements over issues like environmental pollution, food safety, or
police brutality. Analysts increasingly agree that content control is aimed at suppressing nascent
collective action, rather than comprehensively banning critical speech.46 Individuals with significant
social capital or a high international profile, which would allow them to mobilize mass support, are
more likely to be censored.47 As a result, censors can be remarkably tolerant of frustration vented
at local governments or discussion of politically oriented terms like democracy.48 The prevalence
of this term and others, like freedom of speech, has risen in the Chinese blogosphere.49 While that
marks some progress toward openness, it also corresponds to a shift in CCP discourse. Censors
first relaxed filters on the word democracy in 2005 after leaders redefined democratic governance
as the Chinese Communist Party governing on behalf of the people.50
Chinese authorities are not transparent about censorship. International critics who question limits
on content receive responses ranging from denial (the Chinese internet is open51) to defiance,
manifest in the phrase internet sovereignty, meaning the right to practice censorship within
Chinese borders. Domestically, leaders cite the need to curb pornography, gambling, rumors, and
other harmful practices to justify content restrictions, though political topics are targeted at least as
forcefully. Ironically, while burgeoning internet access has not overcome information controls, it
has shone a light on the processes involved. Chinese freelance journalist Shi Tao was sentenced to
ten years in prison in 2005 for e-mailing propaganda department directives to an overseas news
website;52 today, similar directives are routinely leaked online. Internal copies of a 2010 speech
outlining internet management were circulated in online forums, allowing users to compare them
45
Astudyconductedin2011byscholarsatCarnegieMellonfoundthatupto53percentofmicroblogpostsgeneratedfrom
Tibetweredeleted.ByronSpice,CarnegieMellonPerformsFirstLargeScaleAnalysisofSoftCensorshipMediainChina,
CarnegieMellonUniversity,March7,2012,
http://www.cmu.edu/news/stories/archives/2012/march/march7_censorshipinchina.html.
46
Preventingtheorganizationofprotestsisasimportant,ifnotmoreimportant,thanpreventingusersfromreading
unapprovedcontent.JedidiahR.Crandalletal.,ConceptDoppler:AWeatherTrackerforInternetCensorship,Conference
th
Paperforthe14 ACMConferenceonComputerandCommunicationsSecurity,October29November2,2007,
http://www.csd.uoc.gr/~hy558/papers/conceptdoppler.pdf;King,Pan,andRoberts,HowCensorshipinChinaAllows
GovernmentCriticismbutSilencesCollectiveExpression.
47
CyberdisappearanceinAction,ChinaMediaBulletin,July14,2011,
http://www.freedomhouse.org/sites/default/files/inline_images/Cyberdisappearance%20in%20Action_special_feature
FINAL_0.pdf.
48
King,Pan,andRoberts,HowCensorshipinChinaAllowsGovernmentCriticismbutSilencesCollectiveExpression.
49
AshleyEsareyandXiaoQiang,DigitalCommunicationandPoliticalChangeinChina,InternationalJournalofCommunication
5(2011),298319,http://ijoc.org/index.php/ijoc/article/view/688/525.XiaoQiangwasanadvisorforthisreport.
50
RichardMcGregor,TheParty:TheSecretWorldofChinasCommunistRulers(NewYork:HarperCollins,2010),20.
51
SayingoftheWeek:ChinasInternetIsOpen,ChinaDigitalTimes,February6,2013,
http://chinadigitaltimes.net/2013/02/sayingoftheweekchinasinternetisopen/.
52
BobDietz,AsWangIsFreed,ChineseJournalistShiTaoStillHeld,CommitteetoProtectJournalists,August31,2012,
http://cpj.org/blog/2012/08/aswangisfreedchinesejournalistshitaostill.php.
CHINA

with the bowdlerized version circulated released to the public.53 Criticism of the censorship system
itself, however, is itself heavily censored. 54
The CCPs content-control system consists of three primary techniques: automated technical
filtering, forced self-censorship by service providers, and proactive manipulation:
Automated technical filtering includes the best-known layer of the censorship
apparatus: the blocking of foreign websites commonly referred to as Chinas Great
Firewall. The term implies a solid boundary, and in some cases, whole domain names or
internet protocol (IP) addresses are blocked. Web throttling, which slows the loading of
pages to render services nearly useless, is employed as well. Internet users reported slowed
broadband speeds and narrow bandwidth characteristic of web throttling during the month
of the 2012 party congress.55
More common, however, is the authorities use of deep-packet inspection technologies to
scrutinize traffic, both the users request for content and the results returned, for an everevolving blacklist of keywords. If one is detected, the technology signals both sides of the
exchange to temporarily sever the connection. This granular control renders censorship less
noticeable to users, firstly because specific pages can be blocked within otherwise approved
sites, and secondly because the interruption appears to come from the source of the
information, not a third-party intrusion.56
Of course, some censorship is designed to remind users that certain content is out of
bounds.57 One study redefines the Great Firewall as a panopticon, arguing that it need not
block everything if the knowledge of monitoring suffices to promote the self-censorship that
is pervasive among Chinese internet users. Other research suggests that security forces are
most secretive when they are also conducting surveillance to uncover who is accessing
banned contentparticularly if that data can subsequently be used to justify detention or
some other violation of the users rights.58
Filtering is heterogeneous and often inconsistent, depending on timing, technology, and
geographical region. ISPs reportedly take different approaches to the placement of filtering
devices, which are not only in border routers, but also in the backbone and even in
53
HumanRightsinChina,HowtheChineseAuthoritiesViewtheInternet:ThreeNarratives,ChinaRightsReformIssueNo.2
(2010),http://www.hrichina.org/crf/article/3240.
54
King,Pan,RobertsHowCensorshipinChinaAllowsGovernmentCriticismbutSilencesCollectiveExpression.
55
InTandemwithSlowerEconomy,ChineseInternetUsersFaceSlowerInternetThisWeek,ChinaTechNews,November6,
2012,http://www.chinatechnews.com/2012/11/06/18835intandemwithslowereconomychineseinternetusersface
slowerinternetthisweek.
56
BenWagner,DeepPacketInspectionandInternetCensorship:InternationalConvergenceonanIntegratedTechnologyof
Control,GlobalVoicesAdvocacy,June25,2009,http://advocacy.globalvoicesonline.org/2009/06/25/studydeeppacket
inspectionandinternetcensorship/.
57
TheanimatedcartoonpoliceofficersJingjingandChacha,whoappearedonChinesecomputerscreenstowagfingersat
waywardusersaroundthecountryin2008,servedasvisibleremindersofofficialoversight.
58
Villeneuve,BreachingTrust.
CHINA

provincial-level internal networks, a development that would potentially allow
interprovincial filtering.59
China Mobile, China Telecom, and China Unicom extend automated technical keyword
filtering to the mobile realm, monitoring text messages and deleting pornographic or other
illegal content.60 Users report that their correspondents receive blank messages in place of
subject matter that contained apparently banned keywords. It is not clear exactly what
content triggers deletion.61
The blanket blockage of select web applications isolates the Chinese public from an
international network of user-generated contentand domestic internet firms from
competition. The video-sharing platform YouTube and the social-media sites Facebook,
Twitter, Google+, and Foursquare are consistently blocked. Like a number of other
services, Twitter was initially available and widely used, then blocked in 2009 in advance of
the 20th anniversary of the Tiananmen Square massacre, once its potential for galvanizing
collective action became apparent. It remains popular among Chinese users who are familiar
with circumvention tools.62 More recent blocks on applications like Googles cloud storage
service, Drive, were effected immediately.63 Users of other international applications that
remain unblocked complain of sporadic disruptions. Users of the online document-sharing
service SlideShare, which is owned by the U.S.-based professional networking site
LinkedIn, reported it was temporarily inaccessible in July 2012.64 LinkedIn itself had been
blocked for two days in February 2011.65
Forced self-censorship by service providers, makes commercial success contingent on
compliance with content regulations. International web applications, once blocked, are
quickly replaced by homegrown equivalents. Hundreds of millions of users are attracted to
these domestic video-sharing websites, social-networking tools, and e-mail services.66 As
part of their licensing requirements, the companies must ensure that banned content is not
59
X.Xu,Z.Mao,andJ.Halderman,InternetCensorshipinChina:WhereDoestheFilteringOccur?PassiveandActive
Measurement,Springer,2011,133142,http://pam2011.gatech.edu/papers/pam2011Xu.pdf.
60
ChinaMobileUsersRiskSMSBaninPornCrackdown,AgenceFrancePresse,January13,2010,
http://www.google.com/hostednews/afp/article/ALeqM5jF6dl0QS_1q8Eub7W73BSRNwdJWQ;ElaineChow,SoAboutthat
SextingBaninChina,Shanghaiist,January20,2012,
http://shanghaiist.com/2010/01/20/okay_so_that_sexting_ban_in_china.php.
61
ElaineChow,AnAllegedListofBannedSMSTermsfromChinaMobileandCo.,Shanghaiist,January4,2011,
http://shanghaiist.com/2011/01/04/an_alleged_list_of_banned_sms_terms.php#photo1.
62
RebeccaMacKinnon,ChinaBlocksTwitter,Flickr,Bing,Hotmail,WindowsLive,etc.AheadofTiananmen20thAnniversary,
CircleID,June2,2009,http://www.circleid.com/posts/20090602_china_blocks_twitter_flickr_bing_hotmail_windows_live/
63
StevenMusil,GoogleDriveCrashesintoChinasGreatFirewall,Cnet,April25,2012,http://news.cnet.com/83011023_3
5742154093/googledrivecrashesintochinasgreatfirewall/.
64
LinkedInsSlideShareBlockedinChina,ChinaMediaBulletin,July19,2012,
http://www.freedomhouse.org/cmb/65_071912#3.
65
KeithB.Richburg,NervousUnrest,ChineseAuthoritiesBlockWebSite,SearchTerms,WashingtonPost,February25,2011,
http://www.washingtonpost.com/world/nervousaboutunrestchineseauthoritiesblockwebsitesearch
terms/2011/02/25/ABPdw5I_story.html.
66
RickMartin,OgilvysSocialMediaEquivalentsinChina2011,TechinAsia,October17,2011,http://www.penn
olson.com/2011/10/17/chinasocialmedia/.
CHINA

posted or circulated; those that fail risk temporary or permanent closure.67 Software for
both censorship and surveillance is often built into their applications. For example, instantmessaging services such as Tom-Skype and QQ include programming that downloads
updated keyword blacklists regularly.68
In addition to automated keyword filters, human censors delete postings on blogs,
microblogs, comment sections of news items, and bulletin-board system (BBS) discussions
before they appear to the public or shortly thereafter.69 Experts say staff receive as many as
three censorship directives per day by text message, instant message, phone call, or email.70 Local propaganda offices recruit volunteers to identify and report potentially
undesirable content on social networks. 71
Online news portals that operate without a press license are limited to reposting content
that has already been approved by censors, rather than producing their own.72 Propaganda
directives to internet-based outlets often include specific instructions to amplify content
from state media.73 The search engine Baidu, which accounts for nearly 80 percent of
Chinas search market,74 similarly manipulates the results it offers based on government
instructions, not only removing proscribed material, but also favoring state-approved
information over content from nongovernmental or foreign sources. In July 2012, after
internet users began circulating short documentary-style videos on social networks to avoid
restrictions on news broadcasts and movies, regulators ordered online video service
providers to start deleting any items that failed adhere to correct guidance, a euphemism
for censorship orders.75
67
One,Fanfou,lostmarketshareaftera2009shutdownlastedseveralmonths.MelanieLee,ClampdownRumoredasChinese
TwitterSitesBlocked,GlobeandMail,August23,2012,http://m.theglobeandmail.com/technology/clampdownrumoredas
chinesetwittersitesblocked/article1368400/?service=mobile.
68
TOMSkypeisajointventurebetweenSkypeandChinesewirelessserviceTOMOnline.VernonSilver,CrackingChinas
SkypeSurveillanceSoftware,Bloomberg,March8,2013,http://www.businessweek.com/articles/20130308/skypesbeen
hijackedinchinaandmicrosoftisodotkdotwithit;JedidahR.Crandalletal.,ChatProgramCensorshipandSurveillancein
China:TrackingTOMSkypeandSinaUC,FirstMonday18,no.7(2013),
http://firstmonday.org/ojs/index.php/fm/article/view/4628/3727;JeffreyKnockel,TOMSkypeResearch,
http://cs.unm.edu/~jeffk/tomskype/.
69
King,Pan,andRoberts,HowCensorshipinChinaAllowsGovernmentCriticismbutSilencesCollectiveExpression.
70
XiaoQiang,FromGrassMudHorsetoCitizen:ANewGenerationEmergesthroughChinasSocialMediaSpace,
CongressionalExecutiveCommissiononChina,November17,2011,http://1.usa.gov/19dzOZn.
71
Web3.0YuanNianDeZhongGuoHuLianWangHangYeZiLvShiJianYuXiKao[SelfDisciplinedPracticeandThoughtsof
ChinesseInternetIndustryinWeb3.0],Wenming.cn,April2011,
http://www.wenming.cn/xwcb_pd/yjpl/201104/t20110407_142975.shtml;BeijingZhaoMuWangLuoJianDuZhiYuanZhe
[BeijingtoRecruitVolunteersforNetworkMonitoring],BeijingNews,May26,2012,.
72
InterimProvisionsontheAdministrationofInternetWebsitesEngagedinNewsPostingOperations,November1,2000,
excerptsavailableathttp://www.cecc.gov/pages/virtualAcad/exp/explaws.php.
73
KeithB.Richburg,ChineseEditors,andaWebSite,DetailCensorsHiddenHand,WashingtonPost,April13,2011,
http://www.washingtonpost.com/world/chineseeditorsandawebsitedetailcensorshidden
hand/2011/04/01/AFpMiRSD_story.html.
74
PhilBerlowitz,BaiduRevenueandProfitGrowthRateSlowinFourthQuarter,Reuters,February4,2013,
http://www.reuters.com/article/2013/02/04/usbaiduresultsidUSBRE91310020130204.
75
RegulatorsAnnounceNewRestrictionsonOnlineVideo,ChinaMediaBulletin,July12,2012,
CHINA

Microblogging services, offered by Sina, Tencent, Sohu, and other companies, saw an
astonishing 300 percent growth during their peak development period from 2010 to 2011.
With more than half of Chinas internet users registered for a microblog account by January
2013,76 these fast-paced networks and their rambunctious user base pose a unique challenge
to censors trying to rein in sensitive discussion. The CCP established party branches in the
offices of four microblog providers in February 2012, according to news reports.77
Company executives also benefit from political connections and patronage.78
Sina Weibo, benefiting in part from the vacuum left by the 2009 ban on Twitter, had
accumulated 400 million registered accounts by November 2012,79 though only 46 million
are active.80 Unlike on Twitter, Weibo users can develop elaborate discussion threads in
response to each post, all of which are lost if the original post is censored. The comment
function can also be independently shut off to prevent isolated posts from gaining traction.81
Sina employs both automated and human monitors to manage Weibo content. Their
methods include deleting individual posts or accounts, often with 24 hours of an offending
post, but sometimes long after publication;82 making published posts visible only to the
account owner; and sending personal warnings.83 In addition, researchers counted over 800
terms filtered from Weibo search results at various times, including Cultural Revolution
and propaganda department.84 Activists and other users with large followings come under
particular scrutiny.85
76
Notallaccountsareactive.Di31CiZhongguoHulianwangluoZhuangkuangTongjiBaogao[The31stStatisticalReporton
ChinasInternetDevelopment,ChinaInternetNetworkInformationCenter,January15,2013,
http://www.cnnic.cn/hlwfzyj/hlwxzbg/hlwtjbg/201301/t20130115_38508.htm.
77
QiaoLong,CCPProposesCellsforMicroblogs,RadioFreeAsia,February7,2012,
http://www.rfa.org/english/news/china/microblogs02072012175742.html.
78
TechCompanyLeadersJoinLegislative,AdvisoryBodies,ChinaMediaBulletin,March7,2013,
79
JoshOng,ChinasSinaWeiboPasses400mUsers,AcknowledgesPressurefromRivalTencentsWeChat,TheNextWeb,
November16,2012,http://thenextweb.com/asia/2012/11/16/sinabooks152millioninq3revenueasitfacestough
competitionfromtencentswechat/.
80
GadyEpstein,SmallBeginnings:MicroblogsareaPotentiallyPowerfulForceforChanges,ButTheyHavetoTreadCarefully,
Economist,April6,2010,http://www.economist.com/news/specialreport/21574632microblogsarepotentiallypowerful
forcechangetheyhavetread.
81
GadyEpstein,TheGreatFirewall:TheArtofConcealment,TheEconomist,April6,2013,http://econ.st/145qZuP.
82
KeithB.Richburg,ChinasWeiboAccountsShutteredasPartofInternetCrackdown,WashingtonPost,January3,2013,
http://www.washingtonpost.com/world/chinasweiboaccountsshutteredaspartofinternet
crackdown/2013/01/03/f9fd92c4559a11e289de76c1c54b1418_story.html.
83
Xiao,FromGrassMudHorsetoCitizen.
84
Xiao,FromGrassMudHorsetoCitizen.SeealsoTaoZhuetal.,TheVelocityofCensorship:HighFidelityDetectionof
MicroblogPostDeletions,Paperfor22ndUSENIXSecuritySymposiuminWashingtonD.C.inAugust2013,
http://arxiv.org/ftp/arxiv/papers/1303/1303.0597.pdf;KingwaFuandMichaelChu,RealityCheckfortheChineseMicroblog
Space:ARandomApproach,PLoSONE,Volume8(3),2013,
http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0058356#pone.0058356China1.
85
DavidBandurski,BrutalityandTragedyUnseen,ChinaMediaProject,February1,2012,
http://cmp.hku.hk/2012/02/01/18380/;
DavidBandurski,ThankGoodnessforHongKong,ChinaMediaProject,January31,2012,
http://cmp.hku.hk/2012/01/31/18311/.
CHINA

Despite these efforts, the company has frequently fallen afoul of propaganda authorities.
When the CCPs purge of Chongqing party chief Bo Xilai in early 2012 prompted
unconfirmed online reports of a failed coup, comment functions were temporarily disabled
on both Sina and Tencent microblogs. State media reported that the companies were
punished for allowing rumors to spread.86 Sina subsequently closed several accounts for
alleged rumor-mongering.87 It also launched new user guidelines and a points-based system
that assigned demerits to users who published banned content, leading to warnings and
eventual account closure, while rewarding those who engaged in unspecified promotional
activities.88 The intervention may have taken a toll on the companys market share. Rival
microblog service Tencent announced 540 million registered userswith 100 million
active dailyat the end of 2012.89
Foreign service providers must agree to self-censor in return for access to the immense
Chinese market, and most comply. In 2012, New Tang Dynasty Televisiona Chineselanguage, New Yorkbased broadcaster established by Falun Gong practitionersreported
that U.S. technology giant Apple had removed applications created by the station from its
online App Store in China in July, on the grounds that their content was illegal in China.90
In Chinese-language versions of Apples voice-controlled artificial intelligence system Siri,
the system reportedly declined to answer questions related to the Tiananmen Square
massacre, such as a query about June, and in one test it refused even to direct the user to
Tiananmen Square.91 China accounted for 20 percent of Apples sales in the first quarter of
2012, and the country is its second-biggest market after the United States.92
International service providers that refuse to censor content face an uncertain future. In
2010, Google lost significant market share when it began redirecting mainland users to its
uncensored Hong Kongbased search engine. The company explained that it had made the
decision after suffering sustained attacks on its intellectual property by military-grade
hackers traced to Chinese computers.93 By doing so publicly, and drawing attention to the
way the same hackers had targeted Gmail accounts used by journalists and human rights
86
ChinasMajorMicroblogsSuspendCommentFunctiontoCleanupRumors,XinhuaNews,March31,2012,
http://english.peopledaily.com.cn/90882/7775525.html.
87
BoxunNewsSiteAttackedAmidBoXilaiCoverage,CommitteetoProtectJournalists,April25,2012,
http://cpj.org/2012/04/boxunnewssiteattackedamidboxilaicoverage.php.
88
Expertsbelievepromotionalactivitiesinvolvereportingotherusersorpromotingprogovernmentcontent.See,China,
OpenNetInitiative,August9,2012,https://opennet.net/blog/2012/05/sinaweiboupdatesusercontractmorecontent
restrictions;SinaWeiboIntroducesUserContract,Caijing,May9,2012,http://english.caijing.com.cn/201205
09/111842544.html.
89
TencentMicroblogRegisteredUserBaseHits540Mln,YangchengEveningNews,January21,2013,availableat
http://www.marbridgeconsulting.com/marbridgedaily/archive/article/62820/tencent_microblog_registered_user_base_hits_5
40_mln#When:12:00:00Z.
90
LinkedInsSlideShareBlockedinChina,ChinaMediaBulletin,July19,2012,
91
ApplesDigitalAssistantFlunksTestonTabooTopics,ChinaMediaBulletin,June21,2012,
http://www.freedomhouse.org/cmb/61_062112.
92
BruceEinhorn,Applevs.Google:StarklyDifferentChinaExperiences,BloombergBusinessweek,June12,2012,
http://www.businessweek.com/articles/20120612/appleandgooglearehavingverydifferentchinaexperiences.
93
DavidDrummond,ANewApproachtoChina,Googleblog,January12,2012,
http://googleblog.blogspot.com/2010/01/newapproachtochina.html.
CHINA

activists focused on China issues, it also increased transparency about censorship.94 Google
retained its Chinese license and continued its less politically sensitive operations, like the
AdSense advertising service and the Android mobile operating system, largely unimpeded.95
Yet its flagship search engine has foundered in comparison with domestic competitors. In
2012, it began notifying Chinese users on which keywords were likely to trigger
connectivity problems.96 By 2013, it had turned off this notification function, which some
users reported was itself subject to censorship.97 If private companies choose not to alert
readers about blocked content, censorship decisions remain both arbitrary and opaque.
There are no formal avenues for appeal.
Chinese companies expanding overseas may have difficulty serving users accustomed to
fewer online controls. In 2012, users of Tencents messaging program WeChat complained
that the service was applying Chinas censorship rules in Singapore and Thailand.98
Proactive manipulation is the third primary method of content control in China, and
Chinese authorities view cyberspace as a field for ideological struggle.99 Since 2005,
propaganda units at all levels have trained and hired web commentators to post
progovernment remarks and lead online discussions.100 They also report users who have
posted offending statements, target government critics with negative remarks, or
deliberately muddy the facts of a particular incident, such as an account of police abuse.101
Recent reports estimate the number of paid propaganda workers in the tens of hundreds of
thousands.102 These methods are not always effective. Many commenters are more
concerned about filling their quota and impressing their bosses than mounting a convincing
argument, and web users are wary of content manipulation. Companies also pay for positive
comments to promote their products known in public relations circles as astroturfing
which further erodes public trust in online content.103
94
AlexandraStevenson,GooglesChinaMarketShare:Declining,Beyondbrics(blog),FinancialTimes,April22,2011,
http://blogs.ft.com/beyondbrics/2011/04/22/googleschinamarketsharedeclining/#axzz2Kj0UxcN8.
95
LorettaChao,ChineseRegulatorsRenewKeyLicenseforGoogle,WallStreetJournal,September7,2011,
96
AlanEustace,BetterSearchinMainlandChina,InsideSearch(blog),Google,May31,2012,
http://insidesearch.blogspot.co.uk/2012/05/bettersearchinmainlandchina.html.
97
GoogleTurnsOffChinaCensorshipWarning,BBC,January7,2013,http://www.bbc.co.uk/news/technology20932072.
98
ChinasTencentAccusedofCensoringAppUsersAbroad,ChinaMediaBulletin,January24,2013,
99
OiwanLam,China:TheInternetasanIdeologyBattlefield,GlobalVoicesAdvocacy,January6,2010,
http://advocacy.globalvoicesonline.org/2010/01/06/chinainternetasanideologybattlefield/.
100
DavidBandurski,InternetSpinforStabilityEnforcers,ChinaMediaProject,May25,2010,
http://cmp.hku.hk/2010/05/25/6112/.
101
Propagandaworkersarecolloquiallyknownasthe50centparty,aftertheamounttheyarereportedlypaidperpost,though
recentreportsputthegoingrateaslowas10cents,whilesomecommentatorsmaybesalariedemployees.See,PerryLink,
CensoringtheNewsBeforeItHappens,NewYorkReview(blog),TheNewYorkReviewofBooks,July10,2013,
http://www.nybooks.com/blogs/nyrblog/2013/jul/10/censoringnewsbeforehappenschina/,andRongbinHan,
ManufacturingConsentinCensoredCyberspace:StateSponsoredOnlineCommentatorsonChineseInternetForums,Paper
forAnnualMeetingofAmericaPoliticalScienceAssociation,NewOrleans,August31September2,2012,
http://ssrn.com/abstract=2106461.
102
PerryLink,CensoringtheNewsBeforeItHappens.
103
RongbinHan,,ManufacturingConsentinCensoredCyberspace.
CHINA

Government employees also engage citizens in online discussions. In 2012, an official Sina
report said 50,000 Weibo accounts were operated by government ministries and public
officials.104 Even Hu Jintao, who famously avoided unscripted encounters with the press
during his presidency, engaged a cherry-picked audience of Peoples Daily readers in a live
web chat in 2008.105
The past year also offered an intriguing glimpse of CCP officials apparently wielding
censorship tools against their opponents within the party ahead of the leadership shuffle. In
mid-2012, Baidu returned fleetingly open results related to the 1989 crackdown and other
human rights abuses associated with former president Jiang Zemin and his supporters.
Observers speculated that President Hus rival CCP faction was relaxing controls to
embarrass its adversaries.106 Meanwhile, leftist websites that had been supportive of Bo and
his neo-Maoist rhetoric were shut down after his ouster.107
Despite the technical filtering, enforced self-censorship, and manipulation, the internet is a primary
source of news and forum for discussion, particularly among the younger generation. Chinese
cyberspace is replete with online auctions, social networks, homemade music videos, a large virtual
gaming population,108 and spirited discussion of some social and political issues. Overtly political
organizations, ethnic minorities, and persecuted religious groups remain underrepresented, though
they have used the internet to disseminate banned content, and overseas media and human rights
groups report sending e-mail to subscribers in China with news, instructions on circumvention
technology, or copies of banned publications. Civil society organizations involved in charity,
education, health care, and other social and cultural issues often have a vigorous online presence.
The word netizena direct translation of the Chinese wangmin, or citizen of the internet
conveys the legitimate sense of civic engagement associated with online exchanges. Microblogs have
amplified these dynamics and generated a strong sense of empowerment among many Chinese
users, censorship notwithstanding.109 Whereas Chinese citizens traditionally trek to the seat of
power to present their grievances, microblogs and other internet technologies offer a way to
overcome the geographic, financial, and physical challenges of such petitioning. Moreover, despite
104
ShouFenBuWeiWeiboYunYingBaoGaoMianShiZhuanJiaJianYiBuYiGuoDuMaiMeng,[TheFirstMicroblogof
GovernmentMinistryisPublished.ExpertsAdviseThatItShouldNotBeOverused],XinhuaNews,August25,2012,
http://news.xinhuanet.com/politics/201208/25/c_112842885.htm.
105
Thechatwasanexampleoftopleaderseffortstoavoidunscriptedinteractions.WhilePeoplesDailyreadersalready
representaselfselectinggrouplikelytosupporttheCCP,newsreportssaidmanyofthechatsparticipantswerepaid.David
Bandurski,FEER:ChinasGuerrillaWarfortheWeb,ChinaMediaProject,July7,2008,http://cmp.hku.hk/2008/07/07/1098/.
106
UsersReportFleetingCensorshipGapsonTabooTopics,ChinaMediaBulletinMarch29,2012,
http://www.freedomhouse.org/article/chinamediabulletinissueno52#Users%20report.
107
MicroblogCommentsSuspendedtoAllowRumorCleansing,ChinaMediaBulletin,April12,2012,
http://www.freedomhouse.org/article/chinamediabulletinissueno53#2.
108
Chinasonlinegamingcultureisregulatedbycontradictorycontrols.Gameconsoleswerebannedin2000,ostensiblyfor
healthreasons,butsome120millionChineseplayersaccessonlinegamesviacomputersandmobiledevices.Moreover,the
CCPheavilysubsidizestheproductionofgamesthatpromoteideologicalthemesforpropagandapurposes.Some2013reports
saidtheMinistryofCulturewasplanningtolifttheconsoleban.MalcomMoore,ChinaEmbracesOnlineGamers,Telegraph,
January20,2013,http://www.telegraph.co.uk/news/worldnews/asia/china/9814114/Chinaembracesonlinegamers.html.
109
DavidBarboza,DespiteRestrictions,MicroblogsCatchOninChina,NewYorkTimes,May15,2011,
http://www.nytimes.com/2011/05/16/business/global/16blogs.html.
CHINA

the leaderships dread of collective action, officials frequently yield to public pressure. Weibo users
forced the authorities to start addressing air pollution in 2013 by raising their concerns in multiple
cities and provinces.110 In January, the CCP dismissed leftist Central Compilation and Translation
Bureau Director Yi Junqing after an ex-lover blogged about their affair, drawing widespread
opprobrium, in what the New York Times characterized as the latest in a spate of scandals appearing
online.111
Online protests against official wrongdoing have gained considerable momentum and media
visibility in the microblog era. One county-level party chief allegedly removed his expensive watch
before appearing in photographs with Premier Li Keqiang in April 2013, perhaps to avoid becoming
the latest local cadre to be censured for luxury spending. Internet users caught the tan line on his
wrist and quickly found earlier photos that showed him with what seemed to be a designer
timepiece.112 In 2012, the story of a journalists suspension for exposing officials luxury cigarette
habit in the city of Weian, published on his personal microblog, drew more attention than his
original report.113 Also that year, Chinese netizens expressed outrage over a case of compulsory
abortion after photographs were posted online.114 Censors do intervene if these stories and
campaigns gain too high a profile or implicate overall CCP governance. After a disastrous storm in
Beijing in mid-2012, resident microblog users complained about official rescue efforts and
expressed fury when the municipality solicited donations for disaster relief. These comments were
deleted in the tens of thousands, and flood-related search terms were blocked, despite an obvious
threat to public safety.115
The transformative effect of online activism in China is undeniable, and yet the solutions that result
from these high-pressure encounters typically fall short of systemic reform or democratic decision
making. Consequently, they fail to ensure meaningful accountability.116 After the Beijing floods, the
citys mayor announced his resignation, but he was quickly promoted to Beijing party secretary.117
One year earlier, a deadly high-speed train collision in Wenzhou was first reported by Weibo users
who circulated real-time reports, calls for help, and photos.118 But in 2012, censors obstructed
110
Epstein,SmallBeginnings.
MadelineEarp,ShallowVictoryforChinasJournalists,Protestors,CommitteetoProtectJournalists,July5,2012,
http://cpj.org/blog/2012/07/shallowvictoryforchinasjournalistsprotesters.php.
112
LauraZhou,WatchImprintonQuakeOfficialsWristGoesViralonInternet,SouthChinaMorningPost,April24,2013,
http://www.scmp.com/news/china/article/1221756/watchimprintquakeofficialswristgoesviralinternet.
113
Earp,ShallowVictoryforChinasJournalists,Protestors.
114
ForcedAbortionStirsNetizenOutcry,HusbandMissingafterInterview,ChinaMediaBulletin,June28,2012,
http://www.freedomhouse.org/article/chinamediabulletinissueno62#2.
115
BeijingFloodCriticismEruptsOnlineamidMediaControls,ChinaMediaBulletin,June26,2012,
116
Accordingtoonestudy,censorsstoppedblockingnamesofvillageswhoseresidentswereprotestingassoonastraditional
mediareportedontheprovincialauthoritiesresponse,eventhoughtensionshadnotyetfullydieddownandtheeffectiveness
oftheresponsehadyettobeshown.Inotherwords,reportsonprotestsinthecontextofanostensiblybenevolentresponse
frompartyofficialsarenotperceivedasathreatworthyofcensorship.See,FinishStudyAnalyzesKeywordCensorshipduring
MassIncidents,ChinaMediaBulletinDecember13,2012,http://www.freedomhouse.org/cmb/77_121312#5.
117
GongLei,BeijingGetsNewPartyChief,Xinhua,July3,2012,http://bit.ly/MH2XOG.
118
SharonLaFraniere,ChinaFindsMoreBodies,andaSurvivor,inTrainsWreckage,NewYorkTimes,June25,2011,
http://www.nytimes.com/2011/07/26/world/asia/26wreck.html;MichaelWinesandSharonLaFraniere,BaringFactsofTrain
Crash,BlogsErodeChinaCensorship,NewYorkTimes,June28,2011,http://nyti.ms/nksiVy;TrainCrashCoverUpFuelsPublic
Outrage,ChinaMediaBulletin,July28,2011,http://www.freedomhouse.org/article/chinamediabulletinissueno31#1.
111
CHINA

news coverage of the anniversary, and a promised investigation into the cause of the disaster had yet
to contact its victims.119
Mobilization can also have a negative impact. Online thugs terrorizing officials for alleged
corruption may look like a positive development, until the same forces attack ordinary internet
users over a perceived insult. Nationalism and xenophobia are prominent components of Chinese
cyberspace, though censorship targeting rational dissent instead of inflammatory discourse arguably
magnifies their impact. In September 2012, censorship directives were either withheld or ignored
following anti-Japanese protests linked to Chinas territorial dispute with Japan over the
uninhabited Diaoyu or Senkaku Islands in the East China Sea. Many commentators interpreted the
lack of censorship as a tacit endorsement of the protests, which escalated and turned violent until
censors reentered the fray with a modulated message that successfully curtailed news coverage and
discussion.120 But the rioters are as likely to have influenced policymakers as any of the other
competing military and foreign affairs agendas during the crisis because of the domestic security
implications if they were not contained, according to the Canberra-based scholar Geremie
Barm.121
As high-profile events like these draw more attention to Chinas pervasive information controls,
censors find themselves pitted against not just political activists, but also ordinary citizens. It is
common for users to counter censorship with humorous neologisms that substitute for banned
keywords.122 This forces censors to work overtime, temporarily filtering seemingly innocuous
vocabulary like river,123 tomato,124 or porridge.125 These overactive controls impinge further
on daily lifejasmine flower sales, for instance, were affected when the word jasmine was
blocked due to its association with Tunisias 2011 democratic revolution126and inspire further
acts of creative online rebellion. This version of the Chinese internet does not resemble a repressed
information environment so much as a quasi-public space where the CCPs dominance is being
constantly exposed, ridiculed, and criticized, often in the form of political satire, jokes, videos,
songs, popular poetry, jingles, fiction, Sci-Fi, code words, mockery, and euphemisms.127
119
MadelineEarp,PropagandaOfficialsMisstheBoatonChinasKatrina,CommitteetoProtectJournalists,July26,2012,
http://cpj.org/blog/2012/07/propagandaofficialsmisstheboatonchinaskatri.php.
120
WilliamWan,ChineseGovernmentBothEncouragesandReinsinAntiJapanProtests,AnalystsSay,WashingtonPost,
September17,2012,http://wapo.st/S3yKgK.
121
TheChinesegovernment[]waspushedintocertaindirections[]andsaying,Ifwegoinsuchadirection,themasseswill
attackthePublicSecurityBureau,andtheforeignaffairsministryandthearmywelljustgowiththemasses.Andthatsan
extraordinarydevelopment.ADiscussionwithGeremieR.Barme,SinicaPodcast,March8,2013,
http://popupchinese.com/lessons/sinica/adiscussionwithgeremierbarme.
122
BrookLarmer,WhereanInternetJokeIsNotJustaJoke,NewYorkTimes,October26,2011,
http://www.nytimes.com/2011/10/30/magazine/thedangerouspoliticsofinternethumorinchina.html.
123
ThesurnameofformerChineseleaderJiangZeminmeansriver.
124
TheChinesewordfortomatoisahomonymforthephrasewesternredcity,areferencetoChongqinganditspurged
partyboss,BoXilai.MadelineEarp,ChineseCensorsTargetTomatoesamidBoXilaiScandal,CommitteetoProtect
Journalists,July5,2012,http://cpj.org/blog/2012/04/chinesecensorstargettomatoesamidboxilaiscan.php.
125
PorridgeevokedtheSouthernWeeklyanticensorshipprotestbyreferringtoacommonsouthernChinesedelicacy.
126
AndrewJacobs,CatchingScentofRevolution,ChinaMovestoSnipJasmine,NewYorkTimes,May10,2011,
http://www.nytimes.com/2011/05/11/world/asia/11jasmine.html.
127
Xiao,FromGrassMudHorsetoCitizen.
CHINA

The number of internet users who challenge information controls to access political content
rather than to download pornography or pirated moviesappears to be growing. Exact numbers of
people actively combatting censorship are difficult to calculate. Internet expert Xiao Qiang put the
activist community at two or three million in a mid-2013 estimate.128 Others look for indicators
like the number of Chinese users who continue to access Twitter, which can only be reached via
circumvention software since its 2009 ban. However, those counts vary wildly, from thousands to
35 million; experts have dismissed the latter as vastly inflated.129
The ad hoc techniques these users commonly adopt to flout censors include opening multiple blogs
on different hosting sites and circulating banned information directly through peer-to-peer
networks, which bypass central servers. Text transformed into image, audio, or video files evades
keyword sensors. Software developers, both domestic and overseas, also offer technologically
sophisticated tools like virtual private networks (VPNs), which direct the users trafficusually
using an encrypted connectionthrough a server outside the firewall to circumvent technical
filtering.
International news reports noted spikes in usage of these tools at politically important moments in
early 2012such as Bo Xilais ousterwhen heavy censorship was in place.130 Circumvention tool
developers independently corroborated this for Freedom House. Significantly, developers said the
baseline number of users increased as first-time users who adopted the tools during a crisis
continued to use them, even after it dissipated.131
The growth in the use of such tools has spawned attempts to block them. In 2011, internet security
experts noticed activity indicating that Chinese ISPs may have been testing a new system for
identifying the type of encrypted services often used by circumvention tools.132 By December 2012,
China Unicom was reportedly cutting connections when it detected VPN usage.133 Even when not
actively disrupted, encryption may attract surveillance. While dozens of China-based companies, as
well as overseas firms, promote an evolving roster of commercial circumvention tools, not all are
transparent about user privacy. In the words of internet freedom expert Rebecca Mackinnon, most
people are focused simply on accessing banned websites and arent thinking about surveillance.134
This leaves a growing community vulnerable to invasive rights violations.
128
RebeccaMacKinnon,TheShawshankPrevention,ForeignPolicy,May2,2012,
http://www.foreignpolicy.com/articles/2012/05/02shawshank_prevention?page=full&wp_login_redirect=0.
129
JasonQ.Ng,ThereAreNOTMillionsofTwitterUsersinChina:Supporting@ooofsResultandRefutingGWIsConclusion,
BlockedonWeibo(blog),January6,2013,http://blockedonweibo.tumblr.com/post/39828699303/therearenotmillionsof
twitterusersinchina;JonRussell,No,FacebookDoesNotHave63.5MillionActiveUsersinChina,TheNextWeb,September
28,2012,http://thenextweb.com/asia/2012/09/28/nowayjose/.
130
MacKinnon,TheShawshankPrevention.
131
Emailcommunicationwithcircumentiontooldeveloperwhorequestedanonymity,June2012.
132
SharonLaFraniereandDavidBarboza,ChinaTightensCensorshipofElectronicCommunications,NewYorkTimes,March
21,2011,http://www.nytimes.com/2011/03/22/world/asia/22china.html;AndyGreenberg,China'sGreatFirewallTests
MysteriousScansonEncryptedConnections,Forbes,November17,2011,http://onforb.es/u9pxP2.
133
CharlesArthur,ChinaTightensGreatFirewallInternetControlwithNewTechnology,Guardian,December14,2012,
http://www.guardian.co.uk/technology/2012/dec/14/chinatightensgreatfirewallinternetcontrol.
134
MacKinnon,TheShawshankPrevention.
CHINA

VIOLATIONS OF USER RIGHTS: KEY FINDINGS

MAY 2012-APRIL 2013
A 2012 amendment to the Criminal Procedure Law took effect in January 2013. While
not all its provisions were negative, the amendment did appear to strengthen the legal
grounds for detaining suspects incommunicado if they were suspected of anti-state
activitya category that includes individuals like Cao Haibo, a cybercaf employee
sentenced in a closed trial in November 2012 to eight years in jail for discussing
democracy online. Other online activists faced physical attacks, interrogation and house
arrest.
Many were deprived of due process: After 2013 unrest in Xinjiang, at least twenty
individuals were sentenced because they used the Internet, mobile phones and digital
storage devices to incite terrorism, local reports alleged, without elaborating. Also in
2013, as international concern at the rising number of self-immolations in Tibet mounted,
the Times reported at least a dozen Tibetans detained for inciting and publicizing suicides,
including sending photographs of burning bodies overseas via mobile phone. International
monitoring groups documented unprecedented levels of surveillance targeting Tibetans,
including searches of mobile devices. Police surveillance powers were bolstered by new
rules encouraging users to register their real names online in December 2012. Some
Beijing businesses offering internet were told to install government spyware or
disconnect.
Several U.S-based media outlets revealed in January 2013 that Chinese hackers had
infiltrated their computers and staff email accounts, while analysts traced several hackers
operating globally to physical locations in Chinain one case, to a specific military
location in Shanghaiand revealed an escalation in their technical sophistication. Less
well-documented is the exposure faced by Chinese web users. A Chinese military report
in May 2012 said nearly 9 million Chinese computers were infected with malicious
viruses, while international hackers claimed responsibility for illegally accessing China
Telecoms vast stores of personal data.
Article 35 of the Chinese constitution guarantees freedoms of speech, assembly, association, and
publication, but such rights are subordinated to the CCPs status as the ruling power. In addition,
the constitution cannot, in most cases, be invoked in courts as a legal basis for asserting rights. The
judiciary is not independent and closely follows party directives, particularly in politically sensitive
freedom of expression cases. China lacks specific press or internet laws, but government agencies
CHINA

issue a variety of regulations to establish censorship guidelines. Regulationswhich can be highly
secretiveare subject to constant change and cannot be challenged by the courts.
Prosecutors exploit vague provisions in Chinas criminal code, laws governing printing and
publications, and state secrets legislation to imprison citizens for online activity such as blogging,
downloading censored material from overseas, or sharing information by text message, e-mail or
social media platforms. Recent legislative amendments fall short of international standards for
protecting defendants, and in some cases strengthen police power. In 2010, the National Peoples
Congress amended the State Secrets Law,135 obliging telecommunications operators and ISPs to
cooperate with authorities investigating leaked state secrets or risk losing their licenses.136 Since
authorities can retroactively classify content to justify a prosecution under this law, its formalized
extension to the digital realm is deeply problematic. An amendment to the Criminal Procedure
Law that took effect in 2013 bolstered the legal grounds for detaining suspects in undisclosed
locations in cases pertaining to national securitya category that includes online offenses against
the state. It did introduce a review process for allowing police surveillance of suspects electronic
communications, which the Public Security Ministry allows in a range of criminal cases, but the
wording of the amendment was vague about the procedure for that review.137 In addition, local
officials periodically use criminal defamation charges to detain and in some cases imprison whistleblowers who post corruption allegations online.138
Trials and hearings lack due process, often amounting to little more than sentencing
announcements, and detainees frequently report abuse in custody, including torture and lack of
medical attention.139
Reporters Without Borders documented a total of 69 netizens in Chinese jails as of February
2013.140 Individuals sentenced during the coverage period included Cao Haibo, a cybercaf
employee who received eight years in jail 2012 for promoting democracy online.141 Long-term
detainees include 2010 Nobel Peace Prize winner Liu Xiaobo, who is serving an 11-year sentence
on charges of inciting subversion of state power for publishing online articles, including the
135
ZhongHuaRenMinGongHeGuoZhuXiLing,DiErShiBaHao[PresidentialorderofthePeoplesRepublicofChina,No.
28,April29,2010,http://www.gov.cn/flfg/201004/30/content_1596420.htm.
136
JonathanAnsfield,ChinaPassesTighterInformationLaw,NewYorkTimes,April29,2010,
http://www.nytimes.com/2010/04/30/world/asia/30leaks.html.
137
LuoJieqi,CleaningUpChinasSecretPoliceSleuthing,Caixin,January24,2013,http://articles.marketwatch.com/201301
24/economy/36525447_1_policeabusepoliceinvestigationspoliceofficers.
138
JustinHeifetz,TheEndlessNarrativeofCriminalDefamationinChina,JournalismandMediaStudiesCentreofthe
UniversityofHongKong,May10,2011,http://coveringchina.org/2011/05/10/theendlessnarrativeofcriminaldefamationin
china/.
139
Seeforexample,Tortured,DissidentChristianLawyerTalksaboutHisOrdeal,Asianews.it,September15,2011,
http://www.asianews.it/newsen/Tortured,dissidentChristianlawyertalksabouthisordeal22641.html;
PaulMooney,SilenceoftheDissidents,SouthChinaMorningPost,July4,2011,
http://pjmooney.com/en/Most_Recent_Articles/Entries/2011/7/4_Silence_of_The_Dissidents.html.
140
WorldReport:China,ReportersWithoutBorders,http://en.rsf.org/reportchina,57.html.Unreportedcasesmayputthe
totalnumberofjailedinternetusersconsiderablyhigher.
141
ChinaInternetCafeWorkerCaoHaiboJailed,BBC,November1,2012http://www.bbc.co.uk/news/worldasiachina
20172104CaossentencewasreportedinNovemberafteraMaytrial.
CHINA

prodemocracy manifesto Charter 08.142 Though these represent a tiny percentage of the overall
user population, the harsh sentences have a chilling effect on the close-knit activist and blogging
community and encourage self-censorship in the broader public.
Members of religious and ethnic minorities face particularly harsh treatment for transmitting
information abroad and accessing or disseminating banned content.143 In the aftermath of ethnic
violence in Tibet in 2008 and Xinjiang in 2009, local courts imposed prison sentences on at least 17
individuals involved in websites that reported on Tibetan or Uighur issues, often in closed trials.144
Many details of the charges and sentences were not reported even to the defendants families, but at
least two Uighur website managers, Memetjan Abdulla and Gulmire Imin, were jailed for life.
After more unrest in Xinjiang in 2013, at least 20 individuals were sentenced because they
supposedly used the Internet, mobile phones and digital storage devices to organize, lead and
participate in terror organizations, provoke incidents, and incite separatism.145 Also in 2013, as
international concern at the rising number of self-immolations in Tibet mounted, the New York
Times reported that at least a dozen Tibetans had been detained for allegedly inciting and publicizing
the protests, including by sending photographs overseas via mobile phone.146 A Tibetan-language
notice apparently posted by public security officials in Gansu Province warned that circulating
banned content including websites, emails and audio files, and SMS texts would result in
severe beating, according to Reporters Without Borders.147
Three other extrajudicial measures used to punish internet users are detention in reeducation
through labor camps, house arrest, and covert detention.
Reeducation through labor
Public security officials can sentence suspects to up to four years in work camps without
trial, an unpopular procedure that has drawn increasing calls for reform.148 State media have
become unusually vocal regarding the systems potential for abuse.149 In November 2012,
Chongqing village official Ren Jiayu, a 25-year-old who had been sentenced to two years
reeducation through labor for pseudonymous microblog comments about Bo Xilai, was
142
SharonHom,GoogleandInternetControlinChina:ANexusbetweenHumanRightsandTrade?(testimony,U.S.
CongressionalExecutiveCommissiononChina,Washington,DC,March24,2010),http://www.gpo.gov/fdsys/pkg/CHRG
111hhrg56161/pdf/CHRG111hhrg56161.pdf.
143
FalunGongpractitionersareoftengivenharshsentencesforonlinecommunications,accordingtoPatrickPoon,Executive
SecretaryandDirectorofHongKongOfficeoftheIndependentChinesePENCentre,whocommunicatedwithFreedomHouse
byemail.
144
AttacksonthePressin2011:China,CommitteetoProtectJournalists,http://www.cpj.org/2012/02/attacksonthepress
in2011china.php
145
ChrisBuckley,ChinaConvictsandSentences20AccusedofMilitantSeparatisminRestiveRegion,NewYorkTimes,March
27,2013,http://www.nytimes.com/2013/03/28/world/asia/chinasentences20forseparatistsactsinrestiveregion.html.
146
TibetansHeldforMobilePhoneDalaiLamaImages,ChinaMediaBulletin,December6,2012,
147
ReportersWithoutBorders,AuthoritiesOpenlyThreatenThoseWhoCirculateInformationwithTorture,newsrelease,
March29,2012,http://en.rsf.org/chineauthoritiesopenlythreatenthose29032012,42216.html.
148
DuiHua,ReformofChinasReEducationThroughLaborSystemisSlowWorkinProgress,Dialogueno.36,August29,
2009,http://duihua.org/wp/?p=2756.
149
VictimsofReeducationThroughLaborSystemDeserveJustice,XinhuaNews,January28,2013,
http://www.globaltimes.cn/content/758696.shtml.
CHINA

released early after generating widespread online support; the event, and a CCTV interview
with the former inmate, attracted over 1.5 million comments on Sina Weibo.150 This minor
success may reflect nothing more than the change in Bo Xilais political fortunes. In early
2013, however, in a possible prelude to centralized reform, state media reported that
provincial authorities in Yunnan and Guangdong were preparing to abolish reeducation
through labor.151 The official Xinhua news agency later backtracked, saying the media had
read too much into these developments. The status of the reform effort remains unclear;
some experts still view a major overhaul as unlikely.
House arrest
This features invasive surveillance at the detainees home, where internet and mobile phone
connections are often severed to prevent the individual from contacting supporters and
journalists. This is apparently intended to reduce external interest in the detainees welfare,
though it can have the opposite effect. Liu Xia, who is married to Liu Xiaobo, has been
isolated at home since his incarceration, but this has generated repeated attempts to contact
her, and Associated Press journalists evaded her surveillance detail to interview her in
2012.152 While there are several cases of long-term house arrest, it can be adjusted
arbitrarily over time. In September 2012, academic and blogger Jiao Guobiao was first
banned from traveling to an overseas conference and placed under strict house arrest for
several days, then arrested and detained for two weeks after publishing an online article
about the disputed Diaoyu (Senkaku) Islands, and finally released, to continued
surveillance.153 Some groups compile tallies of dissidents known to be held under house
arrest, but there are no statistics available to show which of them may have been targeted
specifically for their online activity.154
Covert detention
State agents can abduct and hold individuals in secret locations without informing their
families or legal counsel. This long-standing practice, which initially lacked a legal
foundation, came into the spotlight in 2011 as authorities reacted to the threat of Arab
150
OiwanLam,China:CampaigntoEndtheUnconstitutionalReEducationThroughLabourSystem,GlobalVoices,October
20,2012,http://globalvoicesonline.org/2012/10/20/chinacampaigntoendtheunconstitutionalreeducationthroughlabour
system/;Abby,SpotlightonChinasReEducationThroughLabor,GlobalVoices,November28,2012,
http://globalvoicesonline.org/2012/11/28/spotlightonchinasreeducationthroughlabour/.
151
CaoYin,YunnanPutsLaojiaoApprovalsonHold,ChinaDaily,February7,2013,http://usa.chinadaily.com.cn/china/2013
02/07/content_16210279.htm;HuangJinandChenLidan,GuangdongtoStopReeducationThroughLaborSysteminChina,
XinhuaNews,January30,2013,http://english.peopledaily.com.cn/90882/8113531.html.
152
IsoldaMorilloandAlexaOlesen,ChinaNobelWifeSpeaksonDetention,AssociatedPress,December6,2012,
http://bigstory.ap.org/article/apexclusivedetainedchinanobelwifespeaksout.Internationalnewsreportsalsofollowwell
knownindividualslikeTibetanbloggerTseringWoeser,whoisperiodicallyplacedunderhousearrest,mostrecentlyinJune
2013.See,TibetanWriterWoeserAgainPlacedunderHouseArrest,RadioFreeAsia,June20,2013,
http://www.rfa.org/english/news/tibet/arrest06202013171541.html.
153
PENAmerica,WriterandICPCMemberDr.JiaoGuobiaoReleased,newsrelease,October1,2012,
http://www.pen.org/rapidaction/2012/10/01/writerandicpcmemberdrjiaoguobiaoreleased.
154
DeprivationofLibertyandTorture/OtherMistreatmentofHumanRightsDefendersinChina,ChineseHumanRights
Defenders(CHRD),June30,2013,http://chrdnet.com/wpcontent/uploads/2013/03/FORWEB_Partialdata6302013updt7
5_VC710R2.pdf.
CHINA

Springstyle protests.155 Among dozens of cases reported that year, prominent artist and
blogger Ai Weiwei was abducted and held from April to June 2011 and subsequently fined
for alleged tax evasion.156 In 2012, as noted above, the National Peoples Congress enacted
an amendment of the Criminal Procedure Law that strengthened the legal basis for
detaining suspects considered a threat to national security in undisclosed locations, among
other changes. In response to public feedback, a clause was added requiring police to inform
a suspects family of such a detention, though they need not disclose where and why the
suspect is being held. Despite this improvement, the amendment maintained vague
language that is open to abuse by police and security agents.157
Internet users have occasionally fallen victim to forced psychiatric detention, a measure used to
commit individuals to mental institutions and prevent them from seeking redress for injustice or
engaging in other unwelcome behavior. The whereabouts of at least one detainee, Li Qidong, who
officials hospitalized in Liaoning in 2009 after he criticized the government in online articles, are
not known.158
Law enforcement officials frequently summon individuals for questioning in relation to online
activity, an intimidation tactic referred to euphemistically online as being invited for tea.159
Activists have also been instructed to travel during times of political activity or heightened public
awareness of their cause. Security agents sent photojournalist Li Yuanlong on a forced vacation
from his native Guizhou Province in 2012, after he published shocking photographs of children who
had died of exposure on a popular website, prompting calls for accountability from local schools
and officials.160
Internet users sporadically report encountering violence as a result of online activity. In August
2012, masked men raided the offices of a Hong Kong citizen-journalism platform and destroyed
computers, apparently in retaliation for the sites coverage of local politics. Hu Jia, a dissident who
155
EdwardWong,HumanRightsAdvocatesVanishasChinaIntensifiesCrackdown,NewYorkTimes,March11,2011,
http://www.nytimes.com/2011/03/12/world/asia/12china.html.
156
KateTaylor,ArtsGroupCallsforWorldwideSitInforAiWeiwei,NewYorkTimes,April14,2011,
http://artsbeat.blogs.nytimes.com/2011/04/14/artsgroupcallsforworldwidesitinforaiweiwei/?scp=9&sq=&st=nyt;WuYu,
AiWeiWeiBeiZhi'SeQing',WangMin'AiLuoLuo'[AiWeiweiwascriticizedforpornography,netizensfoughtback],
DeutscheWelle,November19,2011,http://www.dwworld.de/dw/article/0,,15543929,00.html.
157
TheamendmenttookeffectonJanuary1,2013.Observerspraisedotheraspectsofthemeasure,includingtentativesteps
towardincreasingpoliceaccountabilityforsurveillanceChinasNewLawSanctionsCovertDetentions,CommitteetoProtect
Journalists,March14,2012,http://cpj.org/2012/03/chinasnewlawsanctionscovertdetentions.php..
158
ChineseHumanRightsDefenders(CHRD),TheDarkestCorners:AbusesofInvoluntaryPsychiatricCommitmentinChina
(CHRD,2012),http://chrd.equalit.ie/wpcontent/uploads/2012/08/CRPD_report_FINALedited2.pdf.
159
OiwanLam,China:BloggersForcedtoDrinkTeawithPolice,GlobalVoicesAdvocacy,February19,2013,
http://advocacy.globalvoicesonline.org/2013/02/19/chinabloggersforcedtodrinkteawithpolice/;MichaelSheridan,China
OffersItsDissidentsTeaandSubtleTyranny,SundayTimes,January13,2013,
http://www.thesundaytimes.co.uk/sto/news/world_news/Asia/article1193304.ece.
160
PhotojournalistSentonHolidayAfterCoveringDeathofFiveChildren,ReportersWithoutBorders,December5,2012,
http://en.rsf.org/chinaphotojournalistsentonholiday05122012,43764.html.
CHINA

is active online, reported that security agents beat him during an eight-hour detention in March
2013, on the day before Xi Jinping took office as president.161
Users hoping to avoid repercussions for their online activity face a rapidly dwindling space for
anonymous communication as real-name registration requirements expand online, among mobile
phone retailers, and at public internet facilities. The authorities justify real-name registration as a
means to prevent cybercrime, though experts counter that uploaded identity documents are
vulnerable to theft or misuse,162 especially since some verification is done through a little-known
government-linked contractor.163
In December 2012, the CCPs governing Standing Committee approved new rules to strengthen
the legal basis for real-name registration by websites and service providers.164 The rules threatened
violators with confiscation of illegal gains, license revocations and website closures, largely
echoing the informal arrangements already in place across the sector.165 Comment sections of major
news portals, bulletin boards, blog-hosting services, and e-mail providers already enforce some
registration.166 The MIIT also requires website owners and internet content providers to submit
photo identification when they apply for a license, whether the website is personal or corporate.167
Nevertheless, the new rules are significant in extending regulation to the e-commerce and business
sectors, which typically benefit from more freedom than their counterparts in the news media, civil
society, or academia. The rules oblige these providers to gain consent for collecting personal
electronic data, as well as outline the use, method, and scope of its collection; yet they offer no
protection against law enforcement requests for these records.168 Chinese providers are required to
retain user information for 60 days, and provide it to the authorities upon request without judicial
oversight or informing the user.169
161
IsaacStoneFish,ChineseDissidentAllegedlyBeatenasXiJinpingBecomesPresident,Passport(blog),ForeignPolicy,
March14,2013,
http://blog.foreignpolicy.com/posts/2013/03/14/chinese_dissident_allegedly_beaten_as_xi_jinping_becomes_president.
162
DannyOBrien,ChinasNameRegistrationWillOnlyAidCybercriminals,CommitteetoProtectJournalists,December28,
2012,http://www.cpj.org/internet/2012/12/chinasnameregistrationwillaidnothindercyber.php.
163
DuZiHeChaWeiBoShiMingGuoZhengTongSheLongDuan[RealNameVerificationofWeiboSuspectedMonopolized
byGuoZhengTong],HongKongCommercialDaily,December30,2011,http://www.hkcd.com.hk/content/2011
12/30/content_2875001.htm;BeijingYaoQiuWeiBoYongShiMingFaYan[BeijingUsersofWeiboRequiredforRealName
Verification],BBC,December16,2011,http://bbc.in/t2hZme.
164
NationalPeoplesCongressStandingCommitteeDecisionConcerningStrengtheningNetworkInformationProtection,
ChinaCopyrightandMedia,December28,2012,http://chinacopyrightandmedia.wordpress.com/2012/12/28/national
peoplescongressstandingcommitteedecisionconcerningstrengtheningnetworkinformationprotection/.
165
JoeMcDonald,ChinaRealNameRegistrationIsNowLawinCountry,HuffingtonPost,December28,2012,
http://www.huffingtonpost.com/2012/12/28/chinarealnameregistration_n_2373808.html.
166
WenHuaBu2009JiangDaLiZhenZhiHuLianWangDiSuZhiFeng[MinistryofCultureWillCurbTrendofInternet
Indecencyin2009],NetBarChina,January6,2009,http://www.netbarcn.net/Html/PolicyDynamic/01061954388252.html;
ChenJungWang,ShiMinZhiRangGaoXiaoBBSBianLian[RealNameSystemIntimidatesHighSchoolBBS],CNHubei,
November29,2009,http://www.cnhubei.com/200511/ca936578.htm;ZhongGuoHuLianXieHui:BoKeTuiXingShiMinZhi
YiChenDingJu[InternetSocietyofChina:RealNameSystemforBloggersisSet],XinhuaNews,October22,2006,
http://www.itlearner.com/article/3522.
167
ElinorMills,ChinaSeeksIdentityofWebSiteOperators,CNETNews,February23,2010,http://cnet.co/bXIMCp.
168
TimStratfordetal.,ChinaEnactsNewDataPrivacyLegislation,PublicationfromCovington&BurlingLLP,January11,
2013,http://bit.ly/RRiMaM.
169
China,OpenNetInitiative,August9,2012,http://opennet.net/research/profiles/chinaincludinghongkong.
CHINA

Microblog providers have struggled to enforce identity checks. Online reports of Sina Weibo users
trading defunct identification numbers to facilitate fake registration indicated that the requirements
were easy to circumvent.170 Sinas 2012 report to the U.S. Securities and Exchange Commission
anxiously noted the companys exposure to potentially severe punishment by the Chinese
government as a result of its failure to ensure user compliance.
When social-media sites offer online payment systems, many users voluntarily surrender personal
details to enable financial transactions. Mobile phone purchases have required identification since
2010, so providing a phone number is a common way of registering with other services.171 In fact,
one analyst estimated that approximately 50 percent of microblog users had unwittingly exposed
their identities to providers by 2012, simply by accessing the platform from their mobile phone.172
Implementation of the real-name policy may continue to vary, not just because it is hard to enforce,
but also because registration makes it harder for the states hired commentators to operate
undetected. One study reported that some officials openly encourage commentators to use
pseudonyms and fake ID to hide their affiliation with the propaganda department.173
Real-name registration is just one aspect of pervasive surveillance of internet and mobile phone
communications in place in China. Rapidly developing phone technology offers new opportunities
for the surveillance state. A 2011 Beijing city initiative to produce real-time traffic data by
monitoring the location of the citys 17 million China Mobile subscribers sparked concern from
privacy experts, who said it could be used to trace and punish activists.174 The timeline for the
programs implementation is not known.
The deep-packet inspection technology used to censor keywords can monitor users as they try to
access or disseminate similar information. Private instant-messaging conversations and text
messages have been cited in court documents. One academic study reported that queries for
blacklisted keywords on Baidu automatically sent the users IP address to a location in Shanghai
affiliated with the Ministry of Public Security.175 Given the secrecy surrounding such capabilities,
however, they are difficult to verify.
Police periodically try to force mandatory surveillance software on organizations and individuals,
with mixed success. Cybercafs check photo identification and record user activities, and in some
170
C.Custer,HowtoPosttoSinaWeibowithoutRegisteringYourRealName,TechinAsia,March30,2012,
http://www.techinasia.com/postsinaweiboregisteringreal/.
171
ShouJiShiMingZhiJinQiShiShi,GouKaXuChiShenFenZheng[Mobilephonerealnamesystemimplementedtoday,SIM
cardpurchasershavetopresenttheirIDdocuments],News163,October1,2010,http://bit.ly/aIyYL4.
172
SongYanwang,JingHuaWangLuoHuanJingXinGuiYinHuanAnCangWeiboShiMingZhiLingYungYingShangMianLin
DaKao[InternetCleanUpRegulationsConcealObscureIssues.WeibosNewRealNameRegistrationRulePosesChallengefor
TelecomOperator],Net.China.com.cn,March15,2012,http://net.china.com.cn/txt/201203/15/content_4875947.htm.
173
RongbinHan,,ManufacturingConsentinCensoredCyberspace.
174
BeijingNiYongShouJiXinHaoZhuiZongShiMinChuXingQingKuang[Beijingplanstotrackmobilephoneusersinreal
time],YahooNews,March3,2011,http://news.cn.yahoo.com/ypen/20110303/237829.html;CeciliaKang,ChinaPlansto
TrackCellphoneUsers,SparkingHumanRightsConcerns,WashingtonPost,March3,2011,http://wapo.st/hw6qkg.
175
BeckerPolveriniandWilliamM.Pottenger,UsingClusteringtoDetectChineseCensorware,EleventhAnnualWorkshopon
CyberSecurityandInformationIntelligenceResearch,ArticleNo.30,2011.ExtendedAbstractavailableat:
http://www.intuidex.com/whitepapers/CSIIRW_Chinese_Censorship_Paper.pdf.
CHINA

regions, surveillance cameras in cybercafs have been reported transmitting images to the local
police station.176 However, users successfully resisted attempts at mandatory installation of
antipornography software known as Green Dam Youth Escort in 2009, after experts voiced privacy
and censorship concerns. Some Beijing companies were threatened with disconnection in 2012 if
they failed to install government-designated software capable of logging web traffic, blocking sites,
and communicating with local police servers.177 A similar effort to force businesses offering
wireless internet access in Beijings Dongcheng district to purchase expensive surveillance
equipment in 2011 caused some to disconnect rather than pay.178 Others ignored the directive
without repercussions.
As with censorship, surveillance disproportionately targets individuals and groups perceived as
antigovernment. Reports citing anonymous government officials noted that a camera grid system
known as Skynet may have a camera on every road in Tibet as part of the effort to contain selfimmolations.179 A Tibetan rights group reported police inspections of mobile phones for banned
content in Lhasa in March 2013.180 A June 2013 report by Human Rights Watch put these activities
in the context of a three-year campaign by 5,000 teams of CCP personnel conducting surveillance
throughout the Tibetan Autonomous Region.181
Beyond regional flashpoints, the national Safe Cities program offers security officials an advanced
system for monitoring public spaces across China.182 The social stability maintenance budget that
supports these programs surpassed Chinas defense budget in 2012.183
Both international and local firms jockey for lucrative surveillance-related equipment contracts in
China. During 2011, two lawsuits were filed in U.S. courts against the American technology
company Cisco Systems, asserting that there was evidence the firm had customized its surveillance
equipment to assist Chinese security agencies in apprehending Falun Gong practitioners and
democracy activists. Cisco denied the allegations, and the cases were pending as of May 2013.184
176
NaomiKlein,ChinasAllSeeingEye,NaomiKlein.org,May14,2008,http://bit.ly/2nf29.
KevinVoigt,InternationalFirmsCaughtinChinasSecurityWeb,CNN,August24,2012,
http://edition.cnn.com/2012/08/24/business/chinaforeigncompaniesinternet/index.html.
178
ZhaoZhuo,BeijingBuFenKaFeiTingTingZhiTiGongWuXianWangLuo[SomecafsinBeijingsuspendWiFiservice],
BeijingYouthDaily,July27,2011,http://bjyouth.ynet.com/article.jsp?oid=79986791.
179
MalcolmMoore,ChinaUsingMassiveSurveillanceGridtoStopTibetanSelfImmolation,Telegraph,November9,2012,
http://bit.ly/TgUg0g.
180
ChinaLaunchesCrackdownonPersonalCellphonesinLhasa,TibetanCentreforHumanRightsandDemocracy,March11,
2013,http://www.tchrd.org/2013/03/chinalaunchescrackdownonpersonalcellphonesinlhasa/#more1288.RadioFreeAsia
alsoreportedpolicerequisitioningcomputersandcellphonesbelongingtoUighurstudentsforinspectionwhentheyreturned
totheregionfortheschoolholidays.ChineseControlsonUyghurStudentsAheadofRamadan,RadioFreeAsia,June13,
2013,http://www.rfa.org/english/news/china/students06132013105142.html.
181
AccordingtoHumanRightsWatch,thegoalsofthecampaignincludedcategorizingTibetansaccordingtotheirreligiousand
politicalthinking,andestablishinginstitutionstomonitortheirbehaviorandopinions.HumanRightsWatch,China:Benefit
theMassesCampaignSurveillingTibetans,newsrelease,June19,2013,http://bit.ly/11Y8EAF.
182
AndrewJacobsandPennBullock,FirmRomneyFoundedIsTiedtoChineseSurveillance,NewYorkTimes,March15,2012,
http://www.nytimes.com/2012/03/16/world/asia/baincapitaltiedtosurveillancepushinchina.html.
183
EdwardWongandJonathanAnsfield,ChinasCommunistEldersTakeBackroomIntrigueBeachside,NewYorkTimes,July
21,2012,http://www.nytimes.com/2012/07/22/world/asia/chinascommunistelderstakebackroomintriguebeachside.html.
184
SominiSengupta,GroupSaysItHasNewEvidenceofCiscosMisdeedsinChina,NewYorkTimes,September2,2011,
http://www.nytimes.com/2011/09/03/technology/groupsaysithasnewevidenceofciscosmisdeedsinchina.html;Suit
ClaimsCiscoHelpedChinaRepressReligiousGroup,ThomsonReutersNews&Insight,May20,2011,http://bit.ly/jxx6ds;Don
177
CHINA

Uniview Technologies, a Chinese firm that offers software allowing police to share images between
jurisdictions in real time, is owned by the U.S. private equity company Bain Capital.185
China is a key global source of cyberattacks, responsible for nearly a third of attack traffic observed
by the content delivery network Akamai in a 2012 worldwide survey. 186 The survey traced the
attacks to computers in China using IP addresses, meaning the machines themselves may have been
controlled from somewhere else. In January 2013, following the precedent set by Googles
revelation of hacking in 2010, the New York Times announced that Chinese hackers had infiltrated its
computer systems and obtained staff passwords in the wake of the papers censored expos on
wealth amassed by then premier Wen Jiabaos family.187 The revelation prompted similar reports of
hacking from Bloomberg, the Wall Street Journal, and the Washington Post.188
The scale and targets of illegal cyber activity lead many experts to believe that Chinese military and
intelligence agencies either sponsor or condone it, though even attacks found to have originated in
China can rarely be traced directly to the state. However, the geographically diverse array of
political, economic, and military targets that suffer attacks reveal a pattern in which the hackers
consistently align themselves with Chinese national goals. In one 2012 example, the Indian
Express reported that hackers based in China had targeted computer systems of Indias Eastern Naval
Command headquarters in Visakhapatnam.189 The most convincing documentation of a state
connection was reported by U.S.-based cybersecurity firm Mandiant in February 2013, after the
company traced sophisticated attacks on American intelligence targets to a military unit in
Shanghai.190
Hackers, known in Chinese online circles as heike (dark guests), employ various methods to
interrupt or intercept online content. Both domestic and overseas groups that report on Chinas
human rights abuses have suffered from distributed denial-of-service (DDoS) attacks, which
temporarily disable websites by bombarding host servers with an unmanageable volume of traffic.
In a development that echoes the trajectory of Chinas overall information control, hackers
increasingly intimidate service providers into cooperating with them. A massive DDoS attack on
the exile-run Chinese-language news website Boxun in 2012 threatened the entire Colorado-based
hosting company, name.com, and was accompanied by an e-mailed demand that the company
Tennant,SecondLawsuitAccusesCiscoofEnablingChinatoOppressCitizens,ITBusinessEdge,June9,2011,
http://bit.ly/jnXH84;MarkChandler,CiscoSupportsFreedomofExpression,anOpenInternetandHumanRights,The
Platform(blog),Cisco,June6,2011,http://bit.ly/l8fgeh.
185
JacobsandBullock,FirmRomneyFoundedIsTiedtoChineseSurveillance.
186
Akamai,3rdQuarter2012ExecutiveSummary.
187
NicolePerlroth,HackersinChinaAttackedtheTimesforLast4Months,NewYorkTimes,January30,2013,
http://www.nytimes.com/2013/01/31/technology/chinesehackersinfiltratenewyorktimescomputers.html.
188
SamuelWade,NewYorkTimesHackingHighlightsOtherCases,ChinaDigitalTimes,February1,2013,
http://chinadigitaltimes.net/2013/02/newyorktimeshackinghighlightsothercases/;NicolePerlroth,WashingtonPostJoins
ListofNewsMediaHackedbytheChinese,NewYorkTimes,February1,2013,http://nyti.ms/12gEGZF.
189
ManuPubby,ChinaHackersEnterNavyComputers,PlantBugtoExtractSensitiveData,IndianExpress,July1,
2012,http://www.indianexpress.com/news/chinahackersenternavycomputersplantbugtoextractsensitivedata/968897/.
190
DavidE.Sanger,DavidBarboza,andNicolePerlroth,ChineseArmyUnitIsSeenasTiedtoHackingagainstU.S.,NewYork
Times,February18,2013,http://nyti.ms/XZRMHo.
CHINA

disable Boxun for good.191 Name.com resisted and helped Boxun switch servers, but hackers with
the power to bring down whole businesses may well find other companies more compliant.
Another well-documented tactic is spear-phishing, in which targeted e-mail messages are used to
trick recipients into downloading malicious software by clicking on a link or a seemingly legitimate
attachment.192 In a 2012 analysis, the U.S.-based computer security firm Symantec linked the group
responsible for the 2010 Google breachdubbed the Elderwood gang after a signature coding
parameterto a series of watering hole attacks, in which the hackers lay in wait for a selfselecting group of visitors to specific websites. The targeted sites included defense companies as
well as human rights groups focused on China and Tibet; one of the sites was Amnesty International
Hong Kong.193 Most concerning, according to Symantec, were the gangs frequent zero day
attacks, which exploit previously unknown vulnerabilities in the source code of programs that are
widely distributed by software giants like Adobe and Microsoft. Groups that can pull off these
attacks are scarce, since uncovering security loopholes requires huge manpower and technical
capability, or internal corporate access to the source code itself. Yet the Elderwood gang
seemingly has an unlimited supply of zero-day vulnerabilities at its fingertips.
Chinese web users have also been victims of cybercrime perpetrated by hackers both inside and
outside the country. Tibetans, Uighurs and other individuals and groups subject to monitoring have
been frequently targeted with e-mailed programs that install spyware on the users device.194 Other
attacks affect the broader population. In 2012, a military source reported that 8.9 million
computers in China were infected with Trojan-horse viruses controlled from overseas IP
addresses.195 The hacker group SwaggSec announced in 2012 that it had broken into the database of
the state-owned China Telecom, and that the company neglected to make a public statement or
change its passwords. China Telecom subsequently confirmed the attack, but said any stolen data
had little value. However, a Chinese internet security expert acknowledged that Chinas internet
was vulnerable, as many business owners and government officials lack the skills and awareness
needed to defend themselves against cyberattacks.196
191
BoxunNewsSiteAttackedAmidBoXilaiCoverage,CommitteetoProtectJournalists,April25,2012,
http://www.cpj.org/2012/04/boxunnewssiteattackedamidboxilaicoverage.php.
192
DennisFisher,ApplePhishingScamsontheRise,ThreatPost,June24,2013,http://bit.ly/GDS51j.
193
KimZetter,SleuthsTraceNewZeroDayAttackstoHackersWhoHitGoogle,Wired,September7,2012,
http://www.wired.com/threatlevel/2012/09/googlehackergangreturns/;TheElderwoodProject,Symantec(blog),
September6,2012,http://www.symantec.com/connect/blogs/elderwoodproject.
194
DylanNeild,MorganMarquisBoire,andNartVilleneuve,PermissiontoSpy:AnAnalysisofAndroidMalwareTargeting
Tibetans,CitizenLab,April2013,https://citizenlab.org/wpcontent/uploads/2013/04/162013permissiontospy.pdf.
195
JiaLeiandCuiMeng,MaXiaoTianYuEWnagLuoJunBeiJingSai[MaXiaotianAppealsforSuppressingCyberArmament
Race],Takungpao,May29,2012,http://www.takungpao.com.hk/news/12/05/29/ZM1484251.htm.
196
StevenMusil,HackersClaimBreachofChinaTelecom,WarnerBros.Networks,Cnet,June3,2012,
http://news.cnet.com/83011009_35744634883/hackersclaimbreachofchinatelecomwarnerbrosnetworks/.
CHINA

CONCLUSION
Authoritarian regimes around the world look to Chinese methods of information control as a
model, but activists can do the same. Anticipating what methods of censorship and control may be
coming down the pipeline in China would be valuable for governments and internet users seeking
to safeguard online freedoms against further encroachment. It is notoriously difficult to make
accurate forecasts about China, but here are some technological developments worth watching:
Cross-platform censorship: While online content has traditionally been separated from
both telephony and radio and television broadcasting, experts say the three platforms are
increasingly being brought under the same management and regulated by the same agencies.
This could potentially streamline censorship and provide a more direct way of throttling
dissent.
Interprovincial filtering: At least one academic study has found evidence that internet
censorship technology had been installed at the provincial level. Experts wonder whether
this would enable officials to manipulate the information flowing between provincesa
more subtle and long-term alternative to total blackouts in areas of unrest.
Targeting circumventors by usage pattern: Circumvention tools like VPN
technology serve a broader commercial market in China, as well as users transmitting
apolitical content like pirated movies. Rather than blocking the tools entirely, experts
believe, censors are seeking to refine controls in order to block only circumventors with a
specific usage pattern that indicates censorship evasion.
Ironically, this last example may provide some hope for online freedoms in China. So long as
internet users defy censorship by creating content that current technology cannot trace or delete,
propaganda agents and intermediary companies can adjust their methods in response. But if censors
themselves are seeking to carve out exceptions, and grant privileges to pro-government or
commercial groups, internet users benefit from what one study termed collateral freedom, built
on technologies and platforms that the regime finds economically or politically indispensable.197
Collateral freedom is a poor substitute for full and free access to information and communication
technologies. But the existence of such a phenomenon is proof that internet control runs counter to
the public interest. By attempting to develop a partial, selective censorship apparatus, the CCP is
acknowledging that internet freedom is central to Chinas success as a modern nationand keeping
doors open that netizens will continue to exploit.
197
CollateralFreedom:ASnapshotofChineseUsersCircumventingCensorship,OpenITP,May21,2013,
http://openitp.org/pdfs/CollateralFreedom.pdfNewsEvents/collateralfreedomasnapshotofchineseuserscircumventing
censorship.html.
CHINA
CUBA
Total (0-100)
2012
2013
NOT
FREE
NOT
FREE
24
29
33
86
24
29
33
86


Cubas eagerly anticipated high speed ALBA-1 fiber optic cable, which was expected to
increase data transmission speeds on the internet 3000 fold, was connected in early
2013; however, access was limited to select government offices rather than being
extended throughout Cuba (see OBSTACLES TO ACCESS).
The government imposed tighter restrictions on e-mail in the workplace, installing a
platform that blocks chain letters critical of the government (see LIMITS ON
CONTENT).
In 2012 and 2013, the government continued its practice of employing a cyber militia
to slander dissident bloggers and to disseminate official propaganda (see LIMITS ON
CONTENT).
Arbitrary detentions and intimidation of bloggers increased in late 2012 (see
Travel restrictions were loosened in early 2013 and some high-profile bloggers, such as
Yoani Snchez, were granted permission to leave Cuba for the first time in years (see
CUBA

INTRODUCTION
Cuba, which bore witness to another crackdown on bloggers and citizen journalists in late 2012,
has long ranked as one of the worlds most repressive environments for information and
communication technologies (ICTs). High prices, exceptionally slow connectivity, and prodigious
government regulation have resulted in a pronounced lack of access to applications and services
other than e-mail. Most users can access only a government controlled intranet, rather than the
global internet. Despite a handful of changes in Cubas ICT landscape over the past yearincluding
an increase in mobile phone penetration and the activation of the highly anticipated ALBA-1 fiber
optic cable in January 2013access to the internet and other ICTs remains limited. Nevertheless, a
growing community of bloggers has consolidated their work, creatively using online and offline
means to express opinions and spread information about conditions in the country.
Although the government appeared to loosen its restrictions on online media by unblocking a
number of blogs in 2011, this period of opening was short-lived, as illustrated by a rash of arbitrary
detentions in November and December 2012. Progovernment blogs that dared to be too critical of
government policy were blocked, and phone numbers associated with the speak-to-tweet
platform, widely used by activists to publicize human rights violations, were shut down. Such
activity is not uncommon in Cuba; however, in 2013, the number of blocked websites remains
more or less the same as it was in 2012. At least a dozen bloggers have been arrested, several
nonviolent activists have been publicly beaten, and one citizen journalist was held without formal
charges for six months before his eventual release (see Violations of User Rights). Surveillance
remains extensive, extending to government-installed software designed to monitor and control
office e-mail accounts as well as many of the islands public internet access points.1
OBSTACLES TO ACCESS
Internet access in Cuba is complicated by weak infrastructure and tight government control. While
recent years have seen an expansion in the number of internet and mobile phone users, the ICT
sector remains dominated by government firms. Restrictions on private enterprise were eased
under the 2012 update of Cubas economic model. Proposed reforms did not extend to
liberalization of the communications sector, however.2
According to the National Statistics Office, there were 2.6 million internet users in Cuba in 2011,
representing 23.2 percent of the population.3 The latest data from the International
1
RadioSurco,PrestacionesEfectivasparaRedesInformticas[EffectiveFeaturesforComputerNetworks],April11,2009,
http://www.radiosurco.icrt.cu/Ciencia.php?id=415(sitediscontinued);DannyOBrien,TheMalwareLockdowninHavanaand
Hanoi,CPJBlog,June8,2010,http://cpj.org/blog/2010/06/themalwarelockdowninhavanaandhanoi.php.
2
NickMiroff,CubaisReforming,butWealthandSuccessareStillFrownedUpon,BusinessInsider,September4,2012,
http://www.businessinsider.com/cubaseconomictransition20129.
3
NationalOfficeofStatisticsandInformation(ONEI),TecnologadelaInformacinylaComunicacionesenCifras,Cuba2011
[InformationandCommunicationTechnology,Cuba2011](Havana:ONEI,June2012),http://bit.ly/15BVDBc.
CUBA

Telecommunication Union (ITU) places Cubas internet penetration at 25.64 percent as of 2012.4
The vast majority of users cannot access the internet proper, but are instead relegated to a tightly
controlled government-filtered intranet, which consists of a national e-mail system, a Cuban
encyclopedia, a pool of educational materials and open-access journals, Cuban websites, and
foreign websites that are supportive of the Cuban government.5 Experts estimate that
approximately 5 percent of Cubans periodically have access to the world wide web via government
institutions, some foreign embassies, and black market sales of minutes by those permitted to have
such accounts.6 The National Statistics Office claimed a 46 percent gain in internet users in 2011,
but only an 8 percent increase in networked computers, confirming the high percentage of people
using shared computers and the lack of development in Cubas ICT sector. Similarly, there was
only a 3 percent increase in the number of domains registered, indicating that few governmental
organizations are creating new websites.7
In 2000, the Ministry of Informatics and Communication (MIC) was created to serve as the
regulatory authority for the internet. Its Cuban Supervision and Control Agency oversees the
development of internet-related technologies.8 Despite a January 2010 government announcement
that national bandwidth had been expanded, there is still no broadband service and the limited
number of Cubans with internet access face extremely slow connections, making the use of
multimedia applications nearly impossible. 9 According to statistical findings from an April 2012
Google Analytics study, Cuba has the slowest connection speed in the Western Hemisphere and is
among the worst in the world; globally, its only peers are Liberia and Sierra Leone.10 Access over
the intranet is similarly slow due to weak domestic infrastructure.
The Cuban government continues to blame the U.S. embargo for the countrys connectivity
problems, saying it must use a slow, costly satellite connection system and may only buy limited
space. President Barack Obama eased some aspects of Washingtons prolonged trade sanctions in
2009, however, allowing U.S. telecommunications firms to enter into roaming agreements with
Cuban providers and to establish fiber-optic cable and satellite telecommunication facilities linking
the United States and Cuba.11 Official media ignored this important change in the U.S. legal
framework, however, and Cuban leaders reiterated their demand for a complete end to the
embargo.
5
ETECSA:EmpressadeTelecomunicacionesdeCubaS.A.,accessedAugust28,2010,http://www.etecsa.cu/.
6
EmergingFrontiers(blog),InCubaMysteryShroudsFateofInternetCable,May23,2012,
http://emergingfrontiersblog.com/2012/05/23/incubamysteryshroudsfateofinternetcable/.
7
LarryPress,UpdatedCubanICTstatistics,TheInternetinCuba(blog),July26,2012,
http://laredcubana.blogspot.com.es/2012/07/updatedcubanictstatistics.html(Nofigureshaveyetbeenreleasedfor2013).
8
ForthewebsiteofTheMinistryofInformaticsandCommunicationssee:http://www.mic.gov.cu/.
9
AmauryE.delValle,Cuba,LaRedSigueCreciendo[Cuba,theNetworkContinuestoGrow],JuventudRebeldeonline,January
6,2010,http://www.juventudrebelde.cu/suplementos/informatica/20100106/cubalaredsiguecreciendo/;Seealso:Larry
Press,Past,Present,andFutureoftheInternetinCuba,inPapersandProceedingsoftheTwentyfirstAnnualMeetingofthe
AssociationfortheStudyoftheCubanEconomy(ASCE)(Miami:ASCE,August2011),http://bit.ly/w4nQPU.
10
GoogleAnalytics(blog),Blogspot,lastmodifiedApril19,2012,http://bit.ly/IBvq5p.
11
FactSheet:ReachingOuttotheCubanPeople,TheWhiteHouse:OfficeofthePressSecretary,April13,2009,
http://www.whitehouse.gov/the_press_office/FactSheetReachingouttotheCubanpeople.
CUBA

The bilateral relationship was also affected by a 2009 incident that directly touched on the lack of
open internet access in Cuba. On December 4, the Cuban authorities arrested Alan Gross, an
American independent contractor who was in the country to set up individual satellite-based
internet connections as part of a U.S. governmentfunded project. In March 2011, Gross was
sentenced to 15 years in prison for committing an act against the independence or territorial
integrity of the state.12 He is currently serving his sentence in a Cuban prison.
In February 2011, Cuban officials celebrated the installation of a 1,600 km (1,000 mile) undersea
fiber-optic cable laid between Cuba and Venezuela at a cost of approximately $72 million.13 The
eagerly anticipated cable, known as ALBA-1, was expected to increase data-transmission speeds
3,000 fold, but more than two years after installation the government remains silent on its
activation.14 In the absence of official information, rumors began to spread about technical
problems and corruption scandals.15 There was also speculation that Cuban authorities had grown
wary of increasing internet access due to the role of social media in the Arab Spring protests.16 On
January 24, 2013, there was finally evidence that the cable had been connected. While the
development is significant, ETECSA has announced that the opening of the line will be gradual
(predictably limited to select government offices at first) and that infrastructure must still be
enhanced in order to facilitate widespread use of the technology.17
Prohibitively high costs also place internet access beyond the reach of most of the population. A
simple computer with a monitor averages around CUC 722 ($722) in retail outlets, or at least
CUC 550 ($550) on the black market.18 By comparison, the average monthly Cuban salary is
approximately CUC 16 ($16).19 Even an internet connection in a hotel costs between CUC 6 and
12 ($6-12) per hour.20 Computers are generally distributed by the state-run Copextel Corporation,
yet only 31 percent of Cubans report having access to a computer. Of those with access, 85 percent
noted that the computers were located at work or school.21
12
ElleryRobertsBiddle,Cuba:USContractorSentencedto15YearsinPrison,GlobalVoices,April4,2011,
http://globalvoicesonline.org/2011/04/04/cubauscontractorsentencedto15yearsinprison/.
13
MinisteriodeEducacinSuperior,CabledeFibraOpticaUneVenezuela,CubayJamaica[FiberOpticCableUnites
Venezuela,Cuba,andJamaica],accessedAugust13,2012,http://bit.ly/1bhCqDV;ElPais,LlegaaCubaelCableSubmarinede
FibraOpticaparaOfrecerInternetdeBandaAncha[UnderwaterFiberOpticCableArrivesinCubatoOfferBroadBand
Internet],February10,2011,http://internacional.elpais.com/internacional/2011/02/10/actualidad/1297292404_850215.html.
14
CurtHopkins,CubasInternetCapacitytoIncrease3,000x,ReadWriteWeb(blog),February13,2011,
http://www.readwriteweb.com/archives/cubas_internet_capacity_increased_by_3000_percent.php;International
TelecommunicationUnion(ITU)NewsRelease,ITUHailsConnectivityBoostforCuba,February11,2011,
http://www.itu.int/net/pressoffice/press_releases/2011/CM03.aspx.
15
EmergingFrontiers(blog),InCubaMysteryShroudsFateofInternetCable,May23,2012,
http://emergingfrontiersblog.com/2012/05/23/incubamysteryshroudsfateofinternetcable/.
16
NickMiroff,InCuba,DialUpInternetisaLuxury,NationalPublicRadio,December14,2011,http://n.pr/vFmLh1.
17
BBConline,CubaFirstHighSpeedInternetConnectionActivated,January24,2012,http://bbc.in/V0ggOM.
18
WillWeissert,CubansQueueforComputersasPCBanLifted,ButWebStillOutlawed,IrishExamineronline,May5,2008,
http://bit.ly/197EZdn.
19
AgenceFrancePresse,MobilePhoneUseBoomsinCubaFollowingEasingofRestrictions,April24,2008.
20
TraceyEaton,CubanDissidentBloggerYoaniSanchezTourstheUnitedStates,FloridaCenterforInvestigativeReporting,
March20,2013,http://fcir.org/2013/03/20/cubandissidentbloggeryoanisancheztourstheunitedstates/.
21
NationalStatisticsOffice(ONE),RepublicofCuba,TecnologasdelaInformacinylasComunicacionesenCifras:Cuba2009
[InformationandCommunicationTechnologiesinFigures:Cuba2009](Havana:ONE,May2010),http://bit.ly/19esVBl.
CUBA

Cubans can legally access the internet only by providing identification for on-site computer use at
government-approved institutions, such as the approximately 600 Joven Club de Computacin
(Youth Computer Clubs) and points of access run by ETECSA.22 While some ETECSA kiosks in the
main cities of Havana and Santiago advertise internet access, field research has found that the kiosks
often lack computers, instead offering public phones for local and international calls with prepaid
phone cards. In June 2009, the government adopted a new law (Resolution No. 99/2009) allowing
the Cuban Postal Service, which is under the domain of the Ministry of Computers and
Communications, to establish cybercafes at its premises and offer internet access to the public.23
Since then, a small number have been slowly established.24
There are only two ISPs in Cuba: CENIAI Internet and ENET (ETECSA). Both are owned by the
state, though Telecom Italia previously held shares of ETECSA. In February 2011, the state-owned
company Rafin S.A., a financial firm known for its connections to the military, bought Telecom
Italias 27 percent stake for $706 million.25 As a result, the telecom company is now completely
owned by six Cuban state entities. Cubacel, a subsidiary of ETECSA, is the only mobile phone
carrier in Cuba.
Although the Cuban government began to allow the limited creation of private cooperatives by
computer science graduates in 2012, tight internet restrictions, along with prohibitively high
computer and software pricing, have resulted in a nonexistent official hardware and software
market. A black market for such commodities does exist, but given the inherent challenges, Cuban
ICT liberalization is mostly rhetoric and will likely have little impact on those in the
communications sector.26
The Cuban government continues to control the legal and institutional structures that determine
who has access to the internet and how much access will be permitted.27 This regulation extends to
the sale and distribution of internet-related equipment. In early 2008, after a nearly decade-long
ban, the government began allowing Cubans to buy personal computers. Cuban officials or trusted
journalists can now legally connect to an ISP with a government permit. Approved access to the
internet, which is typically restricted to e-mail and sites related to ones occupation, is granted to
doctors, professors, and government officials, whose offices are linked by an online network called
Infomed. Home connections are not yet allowed for the vast majority of Cubans.
The government claims that all schools have computer laboratories, but in practice, internet access
is usually prohibited for students or limited to very short periods of access, certain e-mail accounts,
or supervised activities on the national intranet. Students at the Latin American School of Medicine
22
Fortheclubsystemswebsite,see:http://www.cfg.jovenclub.cu/.
ResolutionNo.99/2009waspublishedintheOfficialGazetteonJune29,2009.
24
AsofMay2013,nonewpointsofaccesshadbeenestablished.
25
JerroldColten,TelecomItaliaSellsEtecsaStaketoRafinSAFor$706Million,Bloomberg,January31,2011,
http://www.bloomberg.com/news/20110131/telecomitaliasellsetecsastaketorafinsafor706million.html.
26
VariousAuthors,SeBuscanSocios,JuventudRebeldedigitaledition,December15,2012,
http://www.juventudrebelde.cu/cuba/20121215/sebuscansocios/.
27
BenCorbett,ThisIsCuba:AnOutlawCultureSurvives(Cambridge,MA:WestviewPress,2002),145.
23
CUBA

in Havana, for example, are reportedly granted only 40 minutes a week of internet access,
rendering online research or accessing academic journals infeasible.28
Despite the many barriers, Cubans still find ways of connecting to the internet through both
authorized and unauthorized points of access. Some are able to break through infrastructural
blockages by building their own antennas, using illegal dial-up connections, or developing blogs on
foreign platforms. The underground economy of internet access also includes account sharing, in
which authorized users sell access to those without an official account for one or two convertible
pesos (CUC) per hour. Some foreign embassies allow Cubans to use their facilities, but a number of
people who have visited embassies for this purpose have reported police harassment. There is also a
thriving improvisational system of sneakernets, in which USB keys and data discs are used to
distribute material (articles, prohibited photos, satirical cartoons, video clips) that has been
downloaded from the internet or stolen from government offices.
Cuba still has the lowest mobile phone penetration rate in Latin America, but the number is rising
quickly. According to official reports, as of the end of 2012, 1.5 million Cubansabout 11 percent
of the populationhad mobile phones, a dramatic increase since 2009 when that figure was
approximately 443,000.29 Following its March 2008 easing of restrictions on mobile phone
purchases, during 2011 and 2012 the government reduced the sign-up fee by over 50 percent
although it still represents three months wages for an average worker. As the number of mobile
phone users has grown, ETECSA has begun implementing small changes to terms of service, such as
charging the caller rather than the recipient (receiving phone calls from within Cuba is now free)
and cutting the cost of text messages in half.30 In 2012, ETECSA also reduced daytime cellphone
rates from CUC 0.60 to CUC 0.35 per minute.31
28
GrahamSowa,WhyStudentsinCubaNeedInternet,HavanaTimes,May23,2011,
http://www.havanatimes.org/?p=44073.
29
MarcFrank,MoreCubansHaveLocalIntranet,MobilePhones,Reuters,June15,2012,
http://www.reuters.com/article/2012/06/15/netuscubatelecommunicationsidUSBRE85D14H20120615;Seealso:(1)
ETECSAMobilePhoneUsersCrossMillionMark,Cubastandard.com,July14,2010
http://www.cubastandard.com/2010/07/14/etecsamobilephoneuserscrossmillionmark;(2)CubanCellphonesHitOne
Million,NetAccessLags,Reuters,July7,2011,http://www.reuters.com/article/2011/07/07/uscubatelecom
idUSTRE76661920110707;(3)AmauryE.delValle,CubaAumentaCantidaddeTelfonosFijosyMviles[CubaIncreases
QuantityofFixedandMobileTelephones],JuventudRebeldeonline,December26,2011,
http://www.juventudrebelde.cu/cienciatecnica/20111226/cubaaumentacantidaddetelefonosfijosymoviles/;(4)
InternationalTelecommunicationUnion(ITU),MobileCellularTelephoneSubscriptions,2011,accessedJuly13,2012,
http://www.itu.int/ITUD/ICTEYE/Indicators/Indicators.aspx#.Foranalysis(inSpanish):EmilioMorales,Cuba:Telfonos
CelularesyLlamadasCostosas[Cuba:CellphonesandExpensiveCalls],CafFuerte,January17,2012,
http://cafefuerte.com/cuba/noticiasdecuba/economiaynegocios/1474cubatelefonoscelularesyllamadascostosas.
30
AmericasView(blog),TelecomsinCuba:Talkischeap,TheEconomistonline,January24,2012,
http://www.economist.com/blogs/americasview/2012/01/telecomscuba.
31
ForchangesimplementedbyETECSA,see:CamilaDazMolina,SeExtendernlosPlazosdeVigenciadeLneasdeCelularen
Cubacel,[EffectivePeriodofCubacelCellLinestobeExtended]Cubacelular.org,December16,2012,
http://www.cubacelular.org/2012/12/seextenderanlosplazosdevigenciade.html;andCamilaDazMolina,CubacelAnuncia
NuevaTarifaparaelServicodeTelfonoMvilenCuba,Cubacelular.org,January12,2013,
http://www.cubacelular.org/2013/01/cubacelanuncianuevatarifaparael.html.
CUBA

Cuba has roaming agreements with 342 carriers in 139 countries,32 and 2.2 million people used
these services in Cuba in 2010.33 The islands mobile network reportedly covers 78 percent of
Cuban territory, with further expansions planned.34 Most mobile phones do not include internet
connections, but it is possible to send and receive international text messages and photographs with
certain phones. Phones that utilize Global Positioning System (GPS) technology or satellite
connections, however, are explicitly prohibited by Cuban customs regulations.35 Additional
restrictions are placed on modems, wireless faxes, and satellite dishes, which require special
permits from the MIC in order to enter the country. 36
At times of heightened political sensitivity, the government has used its complete control of the cell
phone network to selectively obstruct citizens communications. During a March 2012 visit to the
island by Pope Benedict XVI, bloggers and dissidents reported that their cell phones were not
working.37 One independent journalist who investigated the situation found that calls were being
automatically redirected to a phone number belonging to the Ministry of Interior.38 All calls from
dissidents cell phones are monitored and the service is cut regularly to those working as freelance
journalists or voicing views the government does not approve via citizen journalism. In October
2012, during the criminal trial concerning the wrongful death of long time civil rights activist
Oswaldo Pay, dissident blogger Yoani Snchezs phone was reportedly disconnected and her
Twitter account was reportedly blocked.39
The Cuban government zealously pursues those who violate telecommunications access laws, and
government technicians routinely sniff neighborhoods with their handheld devices in search of
ham-radios and satellite dishes. In December 2012, the official newspaper Granma explicitly warned
against counterrevolutionary and subversive use of illegal nets.40 In an extensive report entitled:
Violations of the Cuban Telecommunications System, Granma detailed the criminal investigation
of two highly profitable cyber-networks illegally using ETECSAs fixed and mobile market
channels. The investigation is still in progress, but the information provided by the MIC and the
Attorney General alleges that the illegal networks began operating in 2009 and were responsible for
a loss of revenue for ETECSA totaling three million dollars. The defendants, who are being
prosecuted for illegal economic activity and fraud, face fines coupled with sentences of three to ten
years in prison.
32
CamilaDazMolina,RoamingInternacionalparaUsariosdeCubacel,[InternationalRoamingforUsersofCubacel]
Cubacelular.org,November10,2012,http://www.cubacelular.org/2012/11/roaminginternacionalparausuariosde.html.
33
CubaStandard,SyniverseHoldingBack$2.5minCubanRoamingCharges,Cubastandard.com,October21,2011,
http://bit.ly/1azWEaY,(Thesefiguresreflectthemostrecentdataavailable)
34
NickMiroff,GettingCellPhonesintoCubanHands,GlobalPost,May17,2010,
http://www.globalpost.com/dispatch/cuba/100514/cellphone
35
See:CubanCustomsWebsite(AduanaGeneraldelaRepublicadeCuba):http://bit.ly/1hbJFOl.
36
See:CubanCustomsWebsite(AduanaGeneraldelaRepublicadeCuba).
37
HispanicallySpeakingNews,SilencedDuringPapalVisit,CubanBloggers,DissidentsSpeakOut(VIDEO),April7,2012,
http://bit.ly/15Cqt7h.
38
JuanO.Tamayo,CubaDivertsDissidentsPhoneNumbersinPopeCrackdown,TheMiamiHeraldonline,March30,2012,
http://www.miamiherald.com/2012/03/30/2723658/cubasinteriorministryleftfingerprint.html.
39
BBConline,CubanDissidentBloggerYoaniSanchezArrested,October5,2012,http://bbc.in/WuwI9Z.
40
SheylaDelgadoGuerra,ElEnredadoyCostosoSaldodelaIlegalidad,[TheTangledandExpensiveBalanceofIllegality]
Granmaonline,December7,2012,http://www.granma.cubaweb.cu/2012/12/07/nacional/artic07.html.
CUBA

LIMITS ON CONTENT
Rather than relying on the technically sophisticated filtering and blocking used by other repressive
regimes, the Cuban government limits users access to information primarily via lack of technology
and prohibitive costs. With the exception of unauthorized points of access in old Havana, Voice
over Internet Protocol (VoIP) is blocked in Cuba, and social media applications, including
Facebook and Twitter, are largely unavailable. Late 2012 and early 2013 witnessed tighter
restrictions on e-mail in the workplace, along with an increase in the disabling of dissident websites
and blogs. The cost of access to technologies that facilitate information sharing continues to be high;
nonetheless, there is a vibrant community of bloggers in Cuba who utilize the medium to report on
conditions within the country.
The websites of foreign news outletsincluding the British Broadcasting Corporation (BBC), Le
Monde, and El Nuevo Herald (a Miami-based Spanish-language daily)are readily available; however,
extremely slow connection speeds impede access to content.41 The sites of some human rights
groups, such as Human Rights Watch and Freedom House, remain largely accessible, but Amnesty
Internationals website was recently blocked in Cuba.42 For the most part, dissident news websites
such as Payolibre, and independent journalism sites hosted on overseas servers, such as Cubanet,
fall into the category of restricted access. The Association for Freedom of the Press (SIAPA) is also
blocked, as are the websites of dissident organizations with a presence on the island (such as Damas
de Blanco, MCL and UNPACU), which remain inaccessible from government-sponsored youth
computer centers.43 Revolico, a platform for posting classified advertisements, continues to be
blocked, despite the apolitical nature of its content.44
Social-networking platforms such as Facebook and Twitter were recently blocked at some
universities and government institutions, but may be accessed with consistent monitoring but
varying reliability from some cybercafes and hotels. YouTube, by contrast, remains inaccessible
from all points of access. The government has also increased control over the use of e-mail in
official institutions, installing a new platform that restricts spam and specifically prevents the
transmission of chain letters critical of the government.45
While ETECSA does not proactively police networks and delete content, there are reportedly cases
of bloggers removing posts after being threatened by officials for publishing views criticizing
government actions.46 Cases of self-censorship and removal have increased in recent months,
41
ReportersWithoutBordersNewsRelease,FreeExpressionMustGowithBetterCommunications,SaysReportersWithout
BordersasBlogsProveHardtoAccess,March31,2008,http://bit.ly/16K5E9s.
42
AsreportedbyasourceinHavanawhowishestoremainanonymous.
43
ForBitcoraCubanasee:http://cubabit.blogspot.com/;ForthewebsiteofAsociacinproLibertaddePrensa(theAssociation
forFreedomofthePress)see:http://prolibertadprensa.blogspot.com/.
44
MarcLacey,ABlackMarketFindsaHomeintheWebsBackAlleys,NewYorkTimesonline,January3,2010,
http://www.nytimes.com/2010/01/04/world/americas/04havana.html;PeterOrsi,CubasNextSteponCapitalistRoad:
Advertising,Boston.com,June16,2012,http://bo.st/KR3Kch.
45
CafFuerte,CubaAnunciaCambiodePlatformaEstatalparaCorreosElectronicos,[CubaAnnouncesStatewideChangeto
EmailPlatform]Cafefuerte.com,August312012,http://bit.ly/RqHp8C.
46
Forexamples,see:CafFuerte,MalestarporCambiodeEdificiodelPartidoComunistaenCamagey,[UpsetoverChange
CUBA

extending to blogs that published only moderate criticism of the government but were deemed
revolutionary and subsequently blocked or disabled in late 2012. Furthermore, the wording of
certain government provisions regarding content regulation is vague and allows a wide array of
posts to be censored without oversight. Resolution 179 (2008), for example, authorizes ETECSA
to take the necessary steps to prevent access to sites whose contents are contrary to social
interests, ethics and morals, as well as the use of applications that affect the integrity or security of
the state.47
Beginning in 2007, the government systematically blocked core internet portal sites such as Yahoo,
MSN, and Hotmail. As of 2013, these sites remain blocked in some government institutions,
although they are largely accessible from hotels. Cuban authorities also restricted access to Cuban
and foreign websites that contained independent reporting or views critical of the government.
Among the continuously blocked sites were the Bitcora Cubana blog and the Voces Cubana
platform, which hosts approximately 40 blogs including Yoani Snchezs well-known Generacin Y.
While most of these sites and international portals were unblocked without explanation in February
2011, in late 2012 several other self-declared pro-revolution blogs were almost disabled.
Facilities of access were severely restricted, and as a result bloggers from the targeted sites (which
included University of Matanzas student-run La Joven Cuba, and Elaine Diaz's La Polemica Digital)
were able to publish only two or three posts.48 La Joven Cuba was blocked until April 2013 but is
now accessible. Content on La Polemica Digital remains available, however blog activity is
sporadic.49 In both cases, the associated bloggers were subject to intimidation, resulting in selfcensorship.
Unable to completely suppress dissident activity on the internet through legal and infrastructural
constraints, the authorities have taken a number of countermeasures, including dominating
conversations within the medium itself. The Cuban government maintains a major presence on
social networks via Operacin Verdad, (Operation Truth), its veritable cyber militia of
approximately 1,000 trusted students from the University of Computer Sciences (UCI) who were
recruited to promote the governments agenda and to slander dissident bloggers and independent
journalists.50 In February 2013, Yoani Sanchez interviewed blogger Elicer Avila, a former UCI
studentand leader of Operacin Verdad.51 Referring to the group as the kilobyte police,
toCommunistPartyBuildinginCamagey]Cafefuerte.com,July27,2012,http://cafefuerte.com/cuba/noticiasde
cuba/sociedad/2050malestarporcambiodeedificiodelpartidocomunistaencamagueey;andElYuma(blog),LJC,The
OrwellianMemoryHole,&GoogleCache,Blogspot,July8,2012,http://bit.ly/RPbiC0.
47
SociedadInteramericanadePrensa,Inc.,(InterAmericanPressAssociation),Cuba,inReportsandResolutions,accessed
January28,2013,http://www.sipiapa.com/v4/det_informe.php?idioma=us&asamblea=22&infoid=346.
48
ElYuma(blog),LaBlogosferaCubana:2012YearinReview,[TheCubanBlogosphere:2012YearinReview]Blogspot,
December19,2012,http://elyuma.blogspot.com.es/2012/12/lablogosferacubana2012yearinreview.html;andElaineDiaz,
LaPolemicaDigital(blog),[TheDigitalControversy]Wordpress.com,http://espaciodeelaine.wordpress.com/
49
ThesitesmostrecentactivitywasalastpostpublishedinAugust2012accompaniedbyonemoreexceptionalpostin
December2012.
50
CommitteetoProtectJournalists(CPJ),AftertheBlackSpring,CubasNewRepression(NewYork:July6,2011),
http://cpj.org/reports/CPJ.Cuba.Report.July.2011.pdf.Seealso:CambiosenCuba[ChangesinCuba](blog):
http://cambiosencuba.blogspot.com/;Yohandrysblog:http://yohandry.wordpress.com/;andtheofficialbloggersplatform
CubaS:http://www.cubasi.cu.
51
MiriamCelaya,TheInternetHasitsOwnSoul:EliecerAvilainaRevealingInterview,TranslatingCuba(blog),February21,
2013,http://translatingcuba.com/category/authors/elieceravila/.
CUBA

Sanchez stated that the interview corroborated theories that State Security had created blogs to
denigrate and discredit the citizen who criticizes the system.52
During the same month, video of a government training on social media appeared on the internet.
In the footage, which was apparently leaked, a Cuban official warns agents of the potential threat
that activist bloggers pose, alluding to the possibility that a popular blogger like Yoani Sanchez
could organize protests in Havana similar to those that occurred in Iran in 2009. 53 He concludes by
saying that the government must respond to these threats.
The government has also launched its own copycat versions of popular websites, such as Wikipedia
and Facebook, and by some accounts, is delaying full connectivity of the ALBA-1 cable until the
sites are fully operational so that content can be closely controlled.54 The online encyclopedia
Ecured, unveiled in December 2010, uses similar software and layout to its international
counterpart, Wikipedia. However, a cursory review indicates that it is updated by only a small
number of people, rather than an interactive community, and that it consists of 78,000 articles
compared to several million on Wikipedia. Attempts to create an editor profile using an .edu or
Gmail email account were reportedly rejected.55 The government is preparing a portable version of
EcuRed to be installed in cell phones in 2013.56 In December 2011, a social-networking website
called Red Social, accessible only from Cubas intranet, was launched. Its layout matched Facebook
so closely that some questioned whether it was a violation of copyright. According to one local
blogger, however, shortly after its launch it no longer appeared to be functioning, possibly a
reflection of the lack of server capacity to maintain it.57
In Cuba, the obstacles to sharing information are significantthe majority of citizen journalism is
done offline, often by hand or typewriter, and uploaded and published once or twice a week. The
financial cost of freedom of expression is also great; the tools that facilitate contribution to media
outlets, such as paid internet access cards and international phone calls, are prohibitive and present
a major obstacle.
While there is no exact count of blogs produced in Cuba, Blogs Cubanos reports that there are now
52
YoaniSanchez,OperationTruth,TranslatingCuba(blog),February11,2013,http://bit.ly/1bj2Ati.
CoralNegro,LaCiberPoliciaenCuba[TheCyberPoliceinCuba],Vimeo(Video),postedJanuary31,2011),
http://vimeo.com/19402730;Englishtranscription:http://translatingcuba.com/?p=7111;SeeAlso:AcusedeRecibo:Quines
elCiberpolica?[AcknowledgementofRecepit:WhoistheCyberPoliceman?],PenltimosDas,February5,2011,
http://www.penultimosdias.com/2011/02/05/acusederecibo18/.
54
InMay2012,Venezuelasministerofscienceandtechnologytoldmediathatthecablewasoperational,butthatitwasupto
theCubangovernmenttoemployit.SomeexpertsreportedthatinternetspeedshadimprovedintheMinistryofInterioror
othergovernmentoffices,addingtospeculationthatthegovernmentisusingthecableinparttoprovideVenezuelanofficials
withacesstoCubangovernmentdatabases,whiledeliberatelypostponingaccesstothecableforaverageusers.See:
Venezuela:FiberopticCabletoCubaisWorking,Businessweek,May24,2012,http://www.businessweek.com/ap/201205
24/venezuelafiberopticcabletocubaisworking;LarryPress,HardDataontheIdleALBA1UnderseaCable,TheInternetin
Cuba(blog),May22,2012,http://laredcubana.blogspot.com.es/2012/05/harddataonidlealba1underseacable.html.
55
LarryPress,EcuredisNotOpenlikeWikipedia,TheInternetinCuba(blog),December21,2011,
http://laredcubana.blogspot.com/2011/12/ecuredisnotopenlikewikipedia.html.
56
CubaDebateonline,EcuRedSeCuelaenlosCelulares[EcuRedAneaksintotheCell],December27,2012,
http://www.cubadebate.cu/noticias/2012/12/27/ecuredsecuelaenloscelulares.
57
ThePhilandrist(blog),TheCubanFacebookImitationSagaRedSocial(SocialNetwork),December6,2011,
http://thephilandrist.wordpress.com/2011/12/06/thecubanfacebookimitationsagaredsocial/.
53
CUBA

more that 1,600, including sites such as Retazos and Convivencia.58 Independent websites hosted
outside the country, such as La Polemica Digital, Havana Times, and Estado de Sats, provide the few
who are able to access the net with a much richer and more robust selection of news sources and
perspectives than those available from state-run media. Regional radio stations, magazines, and
official newspapers are also creating online versions, though these are state-run and do not accept
contributions from independent journalists. Some of these official sites recently installed
commentary tools that foster discussion and allow readers to provide feedback, albeit censored.
In recent years, blogger Yoani Snchez has become the most visible figure in an independent
movement that uses new media to report on conditions that violate basic freedoms. As of March
2013, Snchezs followers on Twitter totaled over 455,280, though only 26 percent were from
within Cuba.59 Snchez and other online writersincluding Claudia Cadelo, Miriam Celaya,
Orlando Luis Pardo, Reinaldo Escobar, Laritza Diversent, and Luis Felipe Rojashave come
together on the Voces Cubanas blogging platform to portray a reality that official media ignores.
Despite the governments open disapprovalin 2011, the daughter of President Ral Castros,
Mariela, publicly referred to the bloggers as despicable parasites60the movement has garnered
broad support throughout society. In order to further promote freedom of expression, Snchez has
begun hosting Twitter workshops in her home, a bold move that has resulted in a crop of over 100
new Twitter users in Cuba.
Young people are increasingly using Twitter and mobile phones to document repression and voice
their opinions. In a world where internet access is highly restricted, tweeting directly by SMS or a
Speak-to-Tweet platform offers an alternate avenue for communicating with the outside world.
The Speak-to-Tweet platform Hblalo Sin Miedo (Speak without Fear) enables Cuban residents to
call a phone number in the United States and record anonymous messages describing government
abuses or other grievances. The messages are automatically converted into posts shared via Twitter
and YouTube.61 At a cost of US $1.10 per tweet, Hblalo Sin Miedo is expensive; nonetheless, it is
proving effective in allowing activists to denounce repressive acts and human rights violations.62
Although the government has caught on to the phenomenon, establishing a Twitter presence of its
own and blocking two phone numbers that ensure the operation of the Speak-to-Tweet platform
in October and December 2012, new numbers have since been established.63
58
BlogsCubanosTopAlexiaCuba,BlogsCubanos(blog),January19,2013,
http://blogscubanos.wordpress.com/2013/01/19/blogscubanos/.
59
YoaniSanchezsTwitterpage,accessedMarch22,2013,https://twitter.com/#!/yoanisanchez/;Seealso:NelsonAcostaand
EstebanIsrael,CubaUnblocksAccesstoControversialBlog,Reuters,February8,2011,
http://ca.reuters.com/article/topNews/idCATRE7175YG20110208;MonicaMedel,BloggersCelebrateasCubaUnblocksTheir
Sites,JournalismintheAmericas(blog),http://knightcenter.utexas.edu/blog/bloggerscelebratecubaunblockstheirsites.
60
JeffFranks,CastroDaughter,DissidentBloggerClashonTwitter,Reuters,November8,2011,
http://www.reuters.com/article/2011/11/09/uscubatwittercastroidUSTRE7A806Y20111109.
61
HblaloSinMiedo,Acercade[Aboutus],accessedAugust,13,2012,http://www.hablalosinmiedo.com/p/como
funciona.html.
62
Tracey Eaton, Cuban Dissident Blogger Yoani Sanchez Tours the United States, Florida Center for Investigative Reporting,
March20,2013,http://fcir.org/2013/03/20/cubandissidentbloggeryoanisancheztourstheunitedstates/.
63
JuanO.Tamayo,RegimenCubanoBloqueaLlamadasdeDenuncia,ElNuevoHeraldonline,December7,2012,
http://www.elnuevoherald.com/2012/12/07/1359290/regimencubanobloqueallamadas.html.
CUBA

Cuban legal structure is not favorable to internet freedom. Surveillance is widespread and dissident
bloggers are subject to punishments ranging from fines and searches to confiscation of equipment
and detentions. The constitution explicitly subordinates freedom of speech to the objectives of a
socialist society, and freedom of cultural expression is guaranteed only if such expression is not
contrary to the Revolution.64
The penal code and Law 88, known as the Clamp Law, set penalties ranging from a few months
to 20 years in prison for any activity considered a potential risk, disturbing the peace, a
precriminal danger to society, counterrevolutionary, or against the national independence or
economy.65 In 1996, the government passed Decree-Law 209, which states that the internet
cannot be used in violation of Cuban societys moral principles or the countrys laws, and that email messages must not jeopardize national security.66 In 2007, a network security measure,
Resolution 127, banned the use of public data-transmission networks for the spreading of
information that is against the social interest, norms of good behavior, the integrity of people, or
national security. The decree requires access providers to install controls that enable them to detect
and prevent the proscribed activities, and to report them to the relevant authorities. Furthermore,
access to internet in Cuba generally requires identification with photo ID, rendering anonymity
nearly impossible.
Resolution 56/1999 provides that all materials intended for publication or dissemination on the
internet must first be approved by the National Registry of Serial Publications. Resolution 92/2003
prohibits e-mail and other ICT service providers from granting access to individuals who are not
approved by the government, and requires that they enable only domestic chat services, not
international ones. Entities that violate these regulations can be penalized with suspension or
revocation of their authorization to provide access.
Despite constitutional provisions that protect various forms of communication and portions of the
penal code that establish penalties for the violation of the secrecy of communications, the privacy of
users is frequently violated. Tools of content surveillance are likewise pervasive. Under Resolution
17/2008, ISPs are required to register and retain the addresses of all traffic for at least one year.67
The government routes most connections through proxy servers and is able to obtain all user names
and passwords through special monitoring software Avila Link, which is installed at most ETECSA
and public access points. In addition, delivery of e-mail messages is consistently delayed, and it is
not unusual for a message to arrive without its attachments.
64
Article53,availableathttp://www.cubanet.org/ref/dis/const_92_e.htm,accessedJuly23,2010;Seealso:Article39,d),
availableathttp://www.cubanet.org/ref/dis/const_92_e.htm,accessedJuly23,2010.
65
CommitteetoProtectJournalists,InternationalGuaranteesandCubanLaw,March1,2008,http://bit.ly/1hbJO4p.
66
ReportersWithoutBorders,GoingOnlineinCuba:InternetunderSurveillance,
http://www.rsf.org/IMG/pdf/rapport_gb_md_1.pdf.
67
InternetenCuba:ReglamentoparaLosProveedoresdeServicosdeAccesoaInternet[InternetinCuba:Regulationsfor
InternetServiceProviders],CubanosUsa.com,December18,2008,http://bit.ly/19NNMfx.
CUBA

Under Ral Castro, the Cuban government appears to have shifted its repressive tactics from longterm imprisonment of bloggers to extralegal detentions, intimidation, and harassment.68 In 2005
and 2007, two correspondents for Cubanet were charged with precriminal social danger and
subversive propaganda, and were sentenced to prison terms ranging from four to seven years.
Both were released as part of a broader pardon of prisoners in December 2011. Bloggers are still
routinely summoned for questioning, reprimanded, and detained, however, and late 2012 ushered
in a resurgence of detentions.69
On November 7, authorities arrested numerous civil rights activists, including Yoani Snchez and at
least 12 others. Among those detained were Laritza Diversent, an attorney who runs the blog
Jurisconsulto de Cuba, and Antonio Rodiles, curator of Estado de Sats. Diversent and many others were
released shortly after detention, but Rodiles was held in police custody for over three weeks.
Authorities gave no statement concerning the reason for his release, but Twitter users speculate
that it may have been related to the hunger strike he began shortly after his arrest.70 As it is very
difficult to distinguish between independent blogging and political activism in Cuba, it is impossible
to accurately pinpoint which offence triggered the detentions.
Examples of arrests and intimidation of independent journalists and bloggers in Cuba are not hard
to find. Calixto Martnez, a prisoner of conscience and journalist for online news site Hablemos Press,
was arrested for allegedly disrespecting the Castro administration. In accordance with Cuban law,
which permits detainments of up to six months without charge, no formal charges were filed
against Martnez, who was held in solitary confinement in response to a hunger strike he began after
his September 2012 imprisonment.71 He has since been released. Independent journalist Hctor
Julio Cedeo Negrin, detained while photographing police harassment of taxi drivers, was
imprisoned for 12 days before being placed under house arrest.72
In March 2012, during the Popes visit to Cuba, dozens of bloggers were placed under house arrest
or detained and held throughout the Popes three-day stay, after which they were released.73 On
December 9, 2012, on the eve of International Human Rights Day, some 44 members of the
nonviolent opposition group Ladies in White were publicly beaten and arrested, reportedly without
68
CommitteetoProtectJournalists(CPJ),AftertheBlackSpring,CubasNewRepression,July6,2011,
http://www.cpj.org/reports/2011/07/aftertheblackspringcubasnewrepression.php.
69
DaisyValera,ThisCubanWomanandHerOnlineIndiscipline,HavanaTimesonline,March11,2012,
http://www.havanatimes.org/?p=64077;StevenL.Taylor,Cubavs.theBloggers,PoliBlog,December6,2008,
http://www.poliblogger.com/index.php?s=cuba+bloggers;MarcCooper,CubasBloggerCrackdown,MotherJones,
December8,2008,http://www.motherjones.com/politics/2008/12/cubasbloggercrackdown.
70
Biddle,ElleryRobertsCuba:DemocracyAdvocateRodilesReleased;BloggerDiversentRemainsDetained,5December
2012,http://bit.ly/11Qsook.
71
AmnestyInternationalPressRelease,CubanJournalistNamedPrisonerofConscience,Amnesty.org,January30,2013,
http://www.amnesty.org/en/formedia/pressreleases/cubanjournalistnamedprisonerconscience20130130;Amnesty
InternationalPressRelease,PrisonerofConscienceonHungerStrike,Amnesty.org,March14,2013,
http://www.amnesty.org/en/library/asset/AMR25/002/2013/en/f2ef351c54ab43cba99e
0c39b3e9adab/amr250022013en.html
72
CubaDemocraciayVida,CubanIndependentJournlaistHectorCedenoNegrinArrestedforDoingHisJob,February8,
2013,http://www.cubademocraciayvida.org/web/article.asp?artID=20125
73
HispanicallySpeakingNewsonline,SilencedDuringPapalVisit,CubanBloggers,DissidentsSpeakOut(VIDEO),
http://bit.ly/18zX2H0.
CUBA

any sort of provocation.74 Although these beatings were related to activism rather than online
content, such abuse stands as a warning to the wider community of oppositionists.
In late 2012 and early 2013, online activity continued to be cause for repression. In December
2012, blogger and writer ngel Santiesteban Prats received a five-year jail sentence on trumped-up
charges of home violation and injuries at the end of a summary trial.75 The winner of major
literary prizes, Santiesteban was arrested in connection with his political views several times prior
to the trial. Such harassment increased after Santiestebans creation of the blog The children no
one wanted, in which he criticized the government. In January 2013, 25 year old blogger Daisy
Valera was fired from her post as a nuclear chemist after searching the internet for information on
Cuba and posting comments critical of the government on the Havana Times platform.76
Despite the abuses suffered by dissidents, 2013 brought a notable loosening of travel restrictions.
As part of immigration reform, bloggers previously denied exit visas, including Yoani Snchez,
Orlando Luis Pardo, and Eliecer vila, were allowed to travel abroad. In early 2013, Snchez, who
was finally permitted to leave Cuba after having been denied an exit visa 21 times in the past five
years, began an 80-city, 12-country tour, with the aim of brining awareness to Cubas active civil
society and blogosphere.77 Her speeches have since received international attention.
74
JohnSuarez,DozensofLadiesinWhiteandOtherActivistsBeatenandArrestedLeavingSantaRitaChurchToday,Cuban
ExileQuarter(blog),Blogspot,December9,2012,http://cubanexilequarter.blogspot.com/2012/12/dozensofladiesinwhite
andother.html
75
MaryJoPorterandHeffnerChun,sitemanagers,AngelSantiesteban,TranslatingCuba:EnglishTranslationofCuban
Bloggers,April23,2013,http://translatingcuba.com/category/authors/angelsantiesteban;Seealso:AngelSantiesteban,Prison
DiaryVI:InsideViewoftheTrial,TranslatingCuba:EnglishTranslationofCubanBloggers,March28,2013,
http://translatingcuba.com/prisondiaryvitheinsideviewofthetrialangelsantiesteban/.
76
DaisyValera,Unemployedat25inCuba,HavanaTimes,January6,2013,http://www.havanatimes.org/?p=85460
77
MonikaFabian,CubanDissidentYoaniSanchezonthePoweroftheHashtag,ABCNews/UnivisionOnline,March18,2013,
http://abcnews.go.com/ABC_Univision/News/cubandissidentyoanisanchezembarksworldtour/story?id=18749528
CUBA
ECUADOR
2012
2013
PARTLY
N/A
FREE

n/a
n/a
n/a
n/a
Total (0-100)
10
11
16
37


The Organic Law on Communicationsproposed during the coverage period and later
approvedtasks website owners with ultimate responsibility for all content. This
law, combined with government pressure, resulted in the removal of the reader
comments sections from two prominent news sites (see LIMITS ON CONTENT).
A new telecommunications act issued in July 2012 established the right to privacy and
security for ICT users, while also authorizing the National Telecommunications
Council to track IP addresses without judicial order (see VIOLATIONS OF USER
RIGHTS).
Reports of advanced surveillance technology in Ecuador were confirmed by Speech
Technology Center, a Russian tech company, in December 2012. The company
revealed that it had completed the installation of a biometric identification system
capable of generating and storing both voiceprints and facial recognition data in
Ecuador (see VIOLATIONS OF USER RIGHTS).
In August 2012, Ecuador extended diplomatic asylum to WikiLeaks founder Julian
Assange, a decision that attracted worldwide attention in part because it appeared to
contradict the administrations attitude toward free speech and media freedom (see
ECUADOR

EDITORS NOTE ON RECENT DEVELOPMENTS
In June 2013, Ecuadors Organic Law on Communications was passed. The law, which human rights
organizations fear will stifle critical voices in the media, utilizes vague wording, arbitrary sanctions,
and the threat of civil and criminal penalties in an effort to halt the spread of information that
discredits public officials, even when such information is supported with evidence.1 The law also
provides for the creation of a new media regulator led by a presidential appointee to prohibit the
dissemination of unbalanced information and bans non-degreed journalists from publishing,
effectively outlawing investigative reporting and citizen journalism.
INTRODUCTION
Ecuador, which has historically lagged behind other Latin American nations in terms of
technological growth, has witnessed substantial improvement in internet penetration over the past
two years. Despite recent progress, however, Ecuador still faces challenges related to information
and communication technology (ICT) development. These include: market penetration, especially
in rural areas; high consumer costs; poor quality of ISP service; and high taxes on mobile phones,
particularly those with internet access. While the government has begun a campaign to increase
internet access across the country, opening a number of public internet access centers known as
Infocentros in remote regions, to date there have been no measures predicated on improving
quality of service or lowering access rates.
Although Ecuadors ICT landscape is in need of further expansion and upgrade, its current capacity
facilitates use of social media platforms such as Facebook and Twitter, and also supports a lively
blogging community. Social media are used for conversations on a wide variety of topics, including
daily news, sports, entertainment, personal interest, and politics. During the February 2013
elections for president and National Assembly, the internet provided a real-time forum for
candidates to launch proposals, solicit votes, discuss issues, and increase the scope of their publicity
campaigns.
While President Correas re-election has facilitated continued economic stability via social welfare
programs and other initiatives, media freedom advocates are fearful that the proposed Organic Law
on Communications will exacerbate the restrictions he has already placed on the press. Over the
past few years, newspapers and other traditional media have had serious confrontations with the
government often resulting in lawsuits filed against major media outlets at the behest of the
president. Critics have expressed concern that President Correas new term will result in an
GinaYauri,EcuadorPassesControversialCommunicationsLaw,GlobalVoicesOnline,June19,2013,
http://globalvoicesonline.org/2013/06/19/ecuadorpassescontroversialcommunicationslaw/.
ECUADOR

expanded executive, a less independent judiciary, and continued attacks on the media and political
opposition at the hands of the government.2
In August 2012, Ecuador extended diplomatic asylum to WikiLeaks founder Julian Assange, who
had been staying at the Ecuadorian Embassy in London since June and, as of May 2013, had not yet
left the building for fear of arrest and extradition. Correas offer of asylum allows the Ecuadorian
president to temper his administrations history of media violations by portraying his government as
a defender of free speech.3
OBSTACLES TO ACCESS
By the end of 2012, internet penetration in Ecuador had reached an all-time high of 35 percent,4
although some sources within the country cite penetration rates as high as 55 percent.5 This surge
was largely the result of government efforts to increase connectivity nationwide in keeping with the
November 2011 Digital Strategy 2.0 Ecuador plan, which set goals for increased internet access
and enhanced technology that included the extension of internet connectivity to 50 percent of
households by 2015.6 Developments have largely been on track with projected deadlines, with
Infocentroscommunity centers that offer free internet access and technological trainingamong
the most successful initiatives.7 Internet cafes are also becoming increasingly common, providing an
alternative means of access for Ecuadorians, most of who use the internet for educational purposes,
communication, and obtaining information.8
Three groups of fiber-optic cable run through Ecuador, offering connectivity to 23 of the countrys
24 provinces: (1) from the north through Colombia towards the Andean region, (2) from the coast
in the province of Guayas, and (3) from the south through the province of El Oro.9 Ecuador is
home to 22 internet service providers (ISPs), most of which offer internet service via these points
of connection without activation fees. Of Ecuadors ISPs, ETAPA and GroupTvCable hold the
2
WilliamNeuman,PresidentCorreaHandilyWinsReElectioninEcuador,TheNewYorkTimes,February17,2013,
http://www.nytimes.com/2013/02/18/world/americas/rafaelcorreawinsreelectioninecuador.html?_r=0.
3
IreneCassell,JulianAssangewillbeGrantedAsylum,SaysOfficial,TheGuardian,August14,2012,
http://www.theguardian.com/world/2012/aug/14/julianassangeasylumecuadorwikileaks.
4
5
DiarioHoy,ElAccesoaInternetenelPasSobrepasoel54%delaPoblacindurante2012,[AccesstoInternetintheCountry
Exceeded54PercentofthePopulationduring2012],DiarioHoy,January1,2013,http://www.hoy.com.ec/noticiasecuador/el
accesoainternetenelpaissobrepasoel54delapoblaciondurante2012570287.html.
6
RobertaPrescott,InNewDigitalPlan,EcuadorAimsforInternetAccesstoHalfofallHouseholdsby2015,RCRWireless,
November16,2011,http://www.rcrwireless.com/americas/20111116/networks/innewdigitalplanecuadoraimsfor
internetaccesstohalfofallhouseholdsby2015/.
7
MINTEL,Infocentros,MINTEL,RepublicadelEcuador,coveragethrough2012,
http://www.infocentros.gob.ec/infocentros/index.php?option=com_content&view=category&layout=blog&id=38&Itemid=56.
8
EcuadorTravelGuide,Communications,accessedAugust8,2013,http://www.ecuadortravel
guide.org/services/Communications.htm.
9
RobertaPrescott,EcuadorAnnouncesUS$8.2MInvestmentinFiberOptics,RCRWireless,August2,2011,
http://www.rcrwireless.com/americas/20110802/networks/ecuadorannouncesus82minvestmentinfiberoptics/;Specific
informationregardingcablesprovidedbyinterviewwithCarlosCorreaLoyola,March2013.
ECUADOR

greatest percentage of market share.10 Under a provision prioritizing essential technology,
computers, which range from approximately $800 to$1000, are tax-free when imported from
other countries. As compared to an average wage of $318 per month, however, computers are not
easily affordable.11 For those fortunate enough to own computers, there are multiple subscription
options, ranging from dial-up pay-per-minute plans to cable and radio modems and satellite
connections.12 Broadband (commonly used in urban zones) and satellite connections (often used in
rural areas) have become increasingly popular in recent years, eclipsing dial-up plans.
According to industry estimates, between 33 and 66 percent of internet users have broadband
speeds between 2 to 3Mbps, at a cost of $20 to $25 per month.13 In May 2012, Superintendent of
Telecommunications Fabian Brito indicated that the overall average speed of an internet connection
in Ecuador is 128Kbps, although speeds are lower in rural areas. While the price of access is
consistent in both rural and urban settings, representatives from the governments office of
telecommunications predict a significant decrease in subscription prices across the board along with
an attendant increase in connection speed in coming years.14
In 2011, mobile penetration in Ecuador was measured at 47 percent, a significant increase from
2010 figures, which came in at 24 percent. Regional variations still persist, however, with the
lowest number of subscribers, 30 percent, found in the Andean highlands of Bolivar, and the
greatest number, 55 percent, found in the province of Pichincha, which counts Ecuadors capital,
Quito, among its cities. Mobile phone subscriptions vary greatly among income level, with 54
percent of those above the poverty line enjoying active subscriptions as compared to 28 percent of
those below the poverty line. Of those with mobile phones, only 8 percent have smartphones, 36
percent of which are concentrated in the provinces of Guayas, El Oro, and Azuay. Those with postgraduate degrees are most likely to own smartphones.15
Ecuador is home to three mobile service providers: one state-run operator, CNT, and two private
providers, Claro (CONECEL) and Movistar (OTECEL). The total number of active cellular
accounts exceeds 14 million, distributed as follows: Claro leads the pack with 69 percent of
subscribers, followed by Movistar with 29 percent, and finally, state-run CNT, with almost 2
10
ElTiempo,InternetAumentaraVelocidad[InternetSpeedwillIncrease],May17,2012,
http://www.eltiempo.com.ec/noticiascuenca/96903internetaumentaravelocidad/.
11
ElDiario,CorreaAnunciaqueelSueldoBsicoAumentaa$318[CorreaAnnouncesthattheBaseSalaryisIncreasingto
$318],December22,2012,http://www.eldiario.ec/noticiasmanabiecuador/250696correaanunciaqueelsueldobasico
aumentaa318/.
12
TempestTelecom,CoverageGuide:EcuadorDialupInternetAccess,accessedAugust8,2013,
http://www.tempestcom.com/guide/guide.aspx?Id=60&view=1.
13
CNT,NationalCorporationofTelecommunications,ProductsandServices,CNT,2012,
http://www.cnt.gob.ec/cntwebregistro/04_cntglobal/productos_detalle.php?txtCodiSegm=1&txtCodiLine=4&txtCodiProd=34&
txtCodiTipoMovi=0#valDes.
14
ElTiempo,InternetAumentaraVelocidad[InternetSpeedwillIncrease],May17,2012,
http://www.eltiempo.com.ec/noticiascuenca/96903internetaumentaravelocidad/.
15
INEC,NationalCenterforStatisticsandCensuses,ReporteAnualdeEstadisticassobreTecnologiasdelaInformationy
Comunicaciones(TICs)2011[AnnualReportofStatisticsaboutInformationandCommunicationsTechnologies(ICTs)2011],
http://www.inec.gob.ec/sitio_tics/presentacion.pdf.
ECUADOR

percent of subscribers.16 While some data packages include internet access, Movistars full
navigation package imposes certain limitations on the applications subscribers may use.17 Movistar
states that it retains the right to restrict access to certain sites without prior warning, should the
sites generate content that could affect the proper functioning of its system. Such vague language
leaves the rationale behind the restriction of certain websites rather opaque, although it appears to
be a policy related to security concerns rather than one driven by censorship.18
Despite their popularity, the Ecuadorian government classifies mobile phones as luxury items. In
addition to being excluded from the tax exemption extended to computers, a June 2012 ruling
(No. 67) issued by the Committee on Foreign Trade (COMEX)19 also imposes quotas on the
importation of mobile telephones.20 According to the edict, the limitation is predicated on
preventing further environmental degradation resulting from residual cell phone waste.
Social networks are not widely used in Ecuador. A national survey revealed that as of 2011, only 3
percent of Ecuadorians utilized such platforms, most of whom were concentrated in coastal, urban
areas and held university degrees.21 The Ecuadorian blogosphere has largely followed in the
footsteps of conventional media, witnessing a slight decrease in the quantity of voices represented
in recent years while still supporting discussion on a wide array of issues, including politics, sports,
and daily news. Isolated communities in rural areas have less of a presence online due to
connectivity issues, and therefore less representation in terms of advocating for matters such as
water rights and indigenous land issues, leading to potential marginalization in online communities.
In recent years, the Ministry of Telecommunications (MINTEL) has initiated a handful of projects
predicated on increasing digital literacy and general internet access. To that end, Infocentros have
been installed in 377 (48 percent) of Ecuadors 810 rural parishes, with a projection of 100 percent
by 2014. 22 As mentioned above, Infocentros provide free access to computers, telephones, and the
16
SUPERTEL,OperadorasReportaron17.133.539LneasActivasdeTelefonaMvilPrestadasaTravsdeTerminalesde
Usuario[OperatorsReport17,133,539ActiveMobileTelephoneLinesProvidedtoUsers],Superintendenciade
Telecomunicaciones,February20,2013,
http://www.supertel.gob.ec/index.php?option=com_content&view=article&id=1182%3Aoperadorasreportaron17133539
lineasactivasdetelefoniamovilprestadasatravesdeterminalesdeusuario&catid=44%3Aprincipales&Itemid=344.
17
Movistar,AplicacionesRestringidasPlanFullNavegacin[RestrictedApplicationsFullNavigationPlan],Movistar
MobilePhoneCompany,http://movistar.com.ec/pdf/Aplicaciones_restringidas_IM_Full_Navegacion.pdf.
18
Movistar,AplicacionesRestringidasPlanFullNavegacion[RestrictedApplicationsinFullNavigationPlan],Movistar,accessed
August1,2013,http://movistar.com.ec/pdf/Aplicaciones_restringidas_IM_Full_Navegacion.pdf.
19
COMEX,ResolucinN67delComitdeComercioExterior[LegalRuling#67oftheCommitteeforExternalBusiness
Relations],June11,2012,http://www.produccion.gob.ec/wpcontent/uploads/downloads/2012/09/RESOLUCION67.pdf
20
LaHoraNacional,RestriccionesdeComercioLimitarnAccesoaInternet[TradeRestrictionswillLimitAccesstothe
Internet],June26,2012,http://www.lahora.com.ec/index.php/noticias/show/1101351932#.UTONqahgbME.
21
CarlosCorreaLoyola,AprobaciondelaLeydeComunicacinenEcuadorysuimpactoenInternet[Approvalofthe
CommunicationsLawinEcuadoranditsImpactontheInternet],BitacoradeCalu(blog),June17,2013,
http://calu.me/bitacora/2013/06/17/aprobaciondelaleydecomunicacionenecuadorysuimpactoeninternet.html;See
also:INEC,NationalCenterforStatisticsandCensuses,ReporteAnualdeEstadisticassobreTecnologiasdelaInformationy
Comunicaciones(TICs)2011[AnnualReportofStatisticsaboutInformationandCommunicationsTechnologies(ICTs)2011],
http://www.inec.gob.ec/sitio_tics/presentacion.pdf.
22
MINTEL,InfocentrosSobre,MINTEL,RepublicadelEcuador,coverageextendedthrough2012,
ECUADOR

internet, and also offer ICT training.23 During 2012, teams from the National Plan of Digital
Recruitment (PLANADI) utilized Infocentros to train a reported 34,500 people to be technical
managers.24 To date, 445,000 visitors have accessed the internet from such centers in rural
districts. The project appears to be meeting its goals of expanding demand for the internet to rural
areas, as well as increasing the percentage of the population that enjoys digital literacy.
In rural areas, cybercafes, which generally provide internet access at a rate of $1 per hour, are often
relied upon. Such establishments face the same requirements as other businesses, including
registering with the government. In order to utilize the services provided by cybercafes, the
national secretary of telecommunications, SENATEL, requires that users register with the
following: full name, phone number, passport number, voting certificate number, email address,
and home address. Users must also agree to terms that stipulate that all information entered into
the database during use falls under the jurisdiction of SENATEL and the superintendent of
telecommunications, SUPERTEL. If a user infringes on the terms and criminal charges are
applicable to the transgression, the user will be prosecuted under Ecuadors penal code.25
Ecuadors backbone is not highly centralized. There have been no reported incidents of the
government placing restrictions on applications from new companies in the ICT sector, however
high registration costs and administrative hurdles can make it difficult to begin operating a new
telecommunications business. New ISPs and mobile companies often face fees as high as $100,000
as well as legal obstacles, each of which can complicate their attempts to enter the market.26 Private
ISPs sometimes engage in bandwidth throttling (the intentional slowing down of internet service)
to specific sites when excessive amounts of bandwidth are being consumed. It appears as though
Ecuadorian ISPs utilize this strategy for traffic management rather than for censorship, however
they are not transparent about such restrictions and there are likewise no laws to protect against
preferential treatment of certain sites in times of high traffic.
Ecuadors state regulatory agency is called the National Telecommunications Council
(CONATEL).27 It is part of the Telecommunications Ministry, the head of which is nominated by
the president and also serves as the head of CONATEL, a process which demonstrates close
alignment with the executive body.28 In July 2012, CONATEL issued the Telecommunication
Service Subscribers and Added Value Regulation Act.29 Internet subscribers have taken issue with
23
MINTEL,InfocentrosSobre,MINTEL,RepublicadelEcuador,coverageextendedthrough2012,
24
AlvaroLayedra,MINTEL,reportedviaTwitteraccount@alayedra,Twitter,January2013,https://twitter.com/alayedra.
25
SENATEL,RegistrodeCibercafesOnLine[RegistrationofCybercafesOnline],RepublicadelEcuador,accessedAugust6,2013,
http://www.regulaciontelecomunicaciones.gob.ec/registrodecibercafes/.
26
AEPROVI,generalinformationavailableat:http://www.aeprovi.org.ec.
27
ElUniverso,PresidentedelCNE:Hayqueregularalasredessocialesyaesovamos[PresidentofCNE:WehaveRegular
SocialNetworks],ElUniverso,October18,2012,http://www.eluniverso.com/2012/10/18/1/1355/presidentecnehayregular
redessocialesesovamos.html
28
SENATEL,CONATELConsejoNacionaldeTelecominicaciones[CONATELNationalTelecommunicationsCouncil],accessed
August5,2013http://www.regulaciontelecomunicaciones.gob.ec/conatel/.
29
CarlosCorreaLoyola,CartaImpresaaDomingoParedes,PresidentedelCNE,sobreIntencindeRegularlasRedesSociales
[PrintedLettertoDomingoParedes,PresidentofCNE,abouttheIntentiontoRegulateSocialNetworks],BitcoradeCal
(blog),October18,2012,http://calu.me/bitacora/2012/10/18/cartaimpresaadomingoparedespresidentedelcnesobre
intencionderegularlasredessociales.html.
ECUADOR

some of the acts main provisions, namely: discretionary exemption relating to use of infrastructure
against state security (Article 24.9) and the granting of authority to CONATEL to request users IP
addresses without court order (Article 29.9).30
LIMITS ON CONTENT
There have been no widespread instances of blocking or filtering of websites or blogs in Ecuador,
but there has often been restraint of political and government-related content both in print and,
increasingly, online. Attempts to censor statements made in times of heightened political sensitivity
have been witnessed, as have alleged instances of censorship via the overly broad application of
copyright protection principles to content critical of the government. The population is able to
access diverse sources of national and international information, however, anti-government
commentary has been subject to governmental repercussions in recent years.
While access to blogs and social media platforms such as Facebook, Twitter, and YouTube is
generally free and open in Ecuador, during the February 2013 presidential elections, the National
Electoral Council (CNE) announced that it would begin making efforts to police social networks,
though the mechanism by which such censorship would occur are unclear. This attempt led to
online mobilization and protests by web users, which resulted in a guarantee from CNE not to
regulate citizens personal expression or opinions on social networks.31
Another contentious case involves the trial of the Luluconto 10, a group of young social protestors
suspected of planting pamphleteering bombsmini explosions designed to distribute political
pamphlets in crowded areas. Among the 10 activists who were arrested are a lawyer, a dentist, an
engineer, a young mother, and a law studentall of whom were imprisoned on the day of their
arrest and held without charges for four months. After they were finally brought to trial on
terrorism charges, the groups defense lawyers were banned from reporting on the case through
social networks.32 The order came on the heels of growing social mobilization advocating for a free
and fair trial, much of which was carried out online, illustrating the impact of social media
networks even in a country in which only a small minority of citizens have such accounts.33
The Ecuadorian government has periodically sought to block critical content on grounds of
copyright infringement. A controversial 2012 documentary about President Correa was subject to
such treatment when clips of the film were posted on YouTube and Vimeo. The videos were
removed after Spanish anti-piracy firm Ares Rights filed a copyright infringement lawsuit on behalf
of Ecuadors state-run TV channel, claiming that the documentary included unauthorized images of
30
ElComercio,JuecesOrdenanqueJuiciodelCasoLuluncotonoseTransmitaporRedesSociales[JudgesOrderedthatCase
ofLuluncotoisnottobeTransmittedbySocialNetworks],January23,2013,http://www.elcomercio.com/seguridad/Jueces
ordenanLuluncototransmitasociales_0_852514906.html.
31
WebsiteofCONATEL(NationalTelecommunicationsCouncil),http://www.conatel.gob.ec/.
32
CONATEL,ResolucinTEL47716CONATEL2012,[ResolutionTEL47716CONATEL2012],July11,2012,availablehere:
http://www.regulaciontelecomunicaciones.gob.ec/.
33
ManuelaPicq,CriminalizingSocialProtests,AlJazeera,February14,2013,
http://www.aljazeera.com/indepth/opinion/2013/02/20132128651511241.html.
ECUADOR

the president.34 Distribution of the documentary has been riddled with problems both within
Ecuador and abroad ever since. After interviewing the filmmaker, Santiago Villa, on an Ecuadorian
radio show, host Andres Carrion was forced to shut down his radio program.35 When Villa
attempted to broadcast the documentary on American TV channel American TeVe, he was asked to
make changes to the films content, allegedly due to fears of legal reprisal. The documentary is now
available only on the Russian website smotri.36
The Ecuadorian government has occasionally been accused of manipulating digital media via the use
of progovernment commentators employed to counter opposition voices. In February 2012,
Fernando Balda, a former member of President Correas socialist Alianza PAIS political party,
blogged about government troll centers dedicated to defending the president and slandering the
opposition on social media. Balda describes a digital army tasked with such work, which, he says,
is comprised of workers with pseudonymous Facebook and Twitter accounts. Although
Communications Secretary Fernando Alvarado refuted Baldas claims,37 reporters at El Comercio
echoed such accusations in March 2012. Citing Baldas statements as well as complaints made to the
NGO Fundamedios, El Comercio claims that an investigation into tax records revealed that a number
of accounts associated with inflammatory comments about journalists were in fact not registered to
real people but appear to exist solely to slander journalists on social media platforms.38 Over the
years, reports have also surfaced of intense government pressure on media outlets to silence critical
opinions during elections and at other times of heightened political interest.39
Although formal rules governing online activity have only been discussed in recent years, selfcensorship has long been encouraged by the ramifications associated with the publication of critical
comments. In January 2013, for example, President Correa (@MashiRafael) called for the National
Secretary of Intelligence (SENAIN) to investigate two Twitter users who had published disparaging
comments about him, an announcement which sent a warning to others not to post comments
critical of the president.40 In recent years, the Ecuadorian state has issued complaints and filed court
34
MikeMasnick,SpanishAntiPiracyFirmAresRightsHistoryofCensorshipbyCopyrightforEcuadorandArgentina,
Techdirt.com,June28,2013,http://www.techdirt.com/articles/20130628/17335823665/spanishantipiracyfirmaresrights
appearstospecializecensorshipcopyrightlatinamericancountrieslikeecuador.shtml.
35
HumanRightsEcuador,JournalistAndresCarrionForcedtoLeaveRadioAfterInterviewwithAuthorofCorrea
Documentary,HumanRightsEcuador,December6,2012,http://www.humanrightsecuador.org/2012/12/06/journalist
andrescarrionforcedtoleavetheradioafterinterviewtoauthorofcorreadocumentary/.
36
SilviaHiguera,YouTube,VimeoRemoveDocumentaryonRafaelCorreaforAllegedCopyrightInfringement,KnightCenter
forJournalismintheAmericas,December19,2012,https://knightcenter.utexas.edu/blog/0012416youtubevimeoremove
documentaryrafaelcorreaallegedcopyrightinfringement.
37
ElUniverso,DirigentedeSPRevelaSupuestoEjercitodeCuentasFalsaenEcuador[SPRevealsAllegedArmyofFake
AccountsinEcuador],February28,2012,http://www.eluniverso.com/2012/02/28/1/1355/dirigentesprevelasupuesto
ejercitocuentasfalsasecuador.html;MacaLaraDillon,Inedito:GobiernodeEcuadorHabriaMontadounTrollCenter
[Unpublished:GovernmentofEcuadorhasSetUpaTrollCenter],PulsoSocial,March1,2012,
http://pulsosocial.com/2012/03/01/ineditogobiernodeecuadorhabriamontadountrollcenter/.
38
ElComercio,ElSupuestoTrollCenterTuvoensuMoraaElComercio[TheAllegedTrollCenterSeenatElComercio],El
Comercio,January3,2012,http://www.elcomercio.com/politica/supuestotrollcentermiraCOMERCIO_0_655734472.html.
39
MiltonRamirez,Ecuador:TheDepartureofaTelevisionAnchor,GlobalVoicesOnline,April25,2009,
http://globalvoicesonline.org/2009/04/25/ecuadorthedepartureofatelevisionanchor/;Seealso:EcuadorSinCensura,
http://ecuadorsincensura.blogspot.com/2009/04/ceroindependencia.html.
40
EcuadorTimes,RafaelCorreaAskedtheSENAINtoInvestigateTwitterAccounts,EcuadorTimes,January25,2013,
http://www.ecuadortimes.net/2013/01/25/rafaelcorreaaskedthesenaintoinvestigatetwitteraccounts/.
ECUADOR

proceedings against certain mainstream media outlets that maintain a digital presence via websites
or social networks, including El Comercio and La Hora. Critics allege that reporters and journalists
associated with the digital branches of these publications have exemplified a marked shift in tone,
resorting to pro-government expression following state seizures of printing press equipment and
supplies, as well as threats of legal action for online posts.41
After receiving criticism from the government, news site La Hora indefinitely suspended the reader
comments section on its website. Such action was taken in order to avoid publishing offensive
comments that might violate a clause in Ecuadors proposed communications law (since approved)
that imposes ultimate responsibility on publishers for any content that threatens the honor or
name of a good persona clause which extends to the reader commentary section of a
newspapers website.42 Despite La Horas efforts, one month later, the newspaper found itself at
the center of a governmental dispute over content. The newspaper was forced by court order to
publish an apology to the government, both on its website and in print, for having published a story
based on data from an independent monitoring center that claimed the government had spent $71
million on propaganda.43
Print and digital news outlet El Comercio faced similar pressure related to its readers comments;
like La Hora, the comments section was ultimately disabled, although in this instance the catalyst
was a letter from President Correa. In July 2012, the president accused El Comercio of censoring
progovernment commentary and allowing only inflammatory, anti-Correa rhetoric from
commentators to be posted on its website. The newspaper subsequently apologized to Correa,
stating that it was an error [on the part of the newspaper] not to have filtered the offensive
comments to the president.44 At the presidents request, the comments section has since been shut
down completely.
In Ecuador, social networks have been utilized to coordinate meetings held in real life to organize,
protest, or propose actions. To date, there have been no official governmental constraints on
internet-mediated mobilization; however, the impact of such movements has been limited.
Warnings from the president stating that the act of protesting will be interpreted as an attempt to
destabilize the government have undoubtedly discouraged some from participating in protest
movements.45
41
TheTelegraph,EcuadorPresidentWinsLibelCaseAgainstNewspaper,July21,2011,TheTelegraph,
http://www.telegraph.co.uk/news/worldnews/southamerica/ecuador/8651676/Ecuadorpresidentwinslibelcaseagainst
newspaper.html.
42
SilviaHiguera,GovernmentofEcuadorasksPapertoFilterReaderComments,KnightCenterforJournalisminthe
Americas,January30,2013,https://knightcenter.utexas.edu/blog/0012744governmentecuadoraskspaperfilterreader
comments.
43
ElDiario,DiarioLaHoraPublicaSusDisculpasparaelGobierno,ElDiario,November14,2012,
http://www.eldiario.ec/noticiasmanabiecuador/247818diariolahorapublicasusdisculpasparaelgobierno/;Seealso:Silvia
Higuera,EcuadorianNewspaperComplieswithCourtOrder,ApologizestoGovernment,KnightCenterforJournalisminthe
Americas,November16,2012,https://knightcenter.utexas.edu/blog/0012104ecuadoriannewspapercompliescourtorder
apologizesgovernment.
44
ElComercio,CorreaDaSuVersiondelDesfileOlimpico[CorreaGivesHisVersionoftheOlympicParade],July28,2012,
http://www.elcomercio.ec/politica/RafaelCorreadaversiondesfileOlimpicojuegosolimpicos_0_745125557.html.
45
CarlosAndresVera,ProtestaTuitera:#El8ALasCalles[TwitterProtest:#El8ALasCalles],Polificcion(blog),March6,2012,
http://polificcion.wordpress.com/2012/03/06/protestatuiterael8alascalles/.
ECUADOR

Ecuadors media freedom standards continue to be contradictory, balancing positive provisions
such as universal access to ICTs with concerning developments relating to user privacy and
manipulation of the press. While President Correa has had a hand in influencing some of the media
via a direct line to reporters, he has also made a show of purportedly supporting free speech
without condition, going so far as to grant diplomatic asylum to WikiLeaks founder Julian Assange
much to the chagrin of some members of the international community.46 The incongruity of the
presidents strategy points to a dual desire to limit domestic media while simultaneously asserting a
world image as a supporter of free speech. Ecuadors new communications law, however, is poised
to overshadow the nations foreign policy.
While the Organic Law on Communication does contain some positive provisions, such as
recognizing the right to communication, it also contains numerous articles of concern for advocates
of online expression. One rule greatly compromises user anonymity by forcing media companies to
collect and store user information.47 Another vaguely worded article prohibits media lynching,
which appears to extend to any accusation of corruption or investigation of a public officialeven
those that are supported with evidence. Websites are also subject to ultimate responsibility,
which makes them liable for all hosted content. A new body with oversight authority, to be
appointed by the executive, has also been described in vague language, which may leave the door
open to arbitrary actions against bloggers, journalists, and users of social media.48
Article 16.2 of Ecuadors constitution guarantees universal access to information technologies and
communication.49 Article 384 similarly confers the ability to exercise ones right to
communication, information, and freedom of expression. However, a discretionary loophole in
Resolution TEL-477-16-CONATEL-2012 grants ISPs a wide margin for the implementation of
actions they deem necessary to the proper administration of the service network, and by
extension, threatens net neutrality. 50
In July 2012, Ecuadors Ministry of Telecommunications issued a resolution (The
Telecommunication Service Subscribers and Added Value Regulation Act) establishing a framework
for ICT user rights and ISPs. Among its provisions are articles stating that telecommunications is
considered a strategic sector by the Ecuadorian government, and that the state is tasked with the
46
ElTelgrafo,EcuadorConcedeAsiloDiplomticoaJulianAssange[EcuadorGrantsDiplomaticAsylumtoJulianAssange],
August16,2012,http://www.telegrafo.com.ec/actualidad/item/ecuadorconcedeasilodiplomaticoajulianassange.html.
47
AnaliaLevin,MechanismsofCensorshipinEcuadorsCommunicationLaw,GlobalVoicesOnline,July22,2013,
http://advocacy.globalvoicesonline.org/2013/07/22/mechanismsofcensorshipinecuadorscommunicationslaw/.
48
AlejandroMartinez,EcuadorsControversialCommunicationsLawin8Points,KnightCenterforJournalismintheAmericas,
June20,2013,https://knightcenter.utexas.edu/blog/00140718highlightsunderstandecuadorscontroversial
communicationslaw.
49
MINTEL,AutoridadesdelMINTELsereunieronconusuariosdigitales[MINTELAuthoritiesMetwithDigitalUsers],
MinisteriodeTelecomunicacionesySociedaddelaInformacin,August13,2012,
http://www.telecomunicaciones.gob.ec/autoridadesdelmintelsereunieronconusuariosdigitales2/.
50
SeeArticle15.6ofCONATELsTelecommunicationServiceSubscribersandAddedValueRegulationAct:
http://www.elcomercio.com/seguridad/JuecesordenanLuluncototransmitasociales_0_852514906.html.
ECUADOR

administration, regulation, control and management of such technologies, while also being
responsible for ensuring that the public has access to ICTs. Article 14 further establishes a state
guarantee of privacy and security for users, prohibiting third party interception of
communications.51 Despite such positive provisions, however, Article 29.9 of the same act
authorizes CONATEL to track IP addresses from ISP customers without judicial order.52
There are no specific laws criminalizing online content, however, standard defamation laws apply
to content posted online, and are sometimes invoked by the government.53 While lawsuits have
been filed against digital news sites for comments critical of the current administration, detentions
of regular ICT users are not as common. Calls for investigations into Twitter users who post
content critical of the government, have, however, been levied by governmental authorities,
including President Correa, a form of legal intimidation that stands to result in greater selfcensorship online.54 The only recent arrest related to internet activity concerned an activist who
created a fake identity on the government site Dato Seguro and posed as the president, allegedly
with the aim of revealing to the public that state information and systems are not sufficiently
secure. Paul Moreno, the man responsible for illustrating the ease of breaching state digital
security, was arrested in Riobamba in November 2012 under accusations of identity theft.55 No
details are available regarding the investigation of Moreno, however, his supporters were very
active on social networks after he was detained (see, for example, tweets under the hashtag
#LiberenAPaulCoyote), a factor that appears to have influenced the judiciary. Moreno was released
four days after his arrest following his publication of a public letter of apology. 56 Although he was
never brought to trial Moreno commented that during his detention, there were no acts of
intimidation and due legal process was followed.57
Anonymous communication is not prohibited in Ecuador, nor are there restrictions against citizens
who choose to maintain encrypted communications or use security tools. While the state
guarantees privacy of communications, identification and registration are required to purchase a
new cell phone, a regulation which has come into the spotlight following allegations of widespread
secret state surveillance.
51
SeeArticle14ofCONATELsTelecommunicationServiceSubscribersandAddedValueRegulationAct:
http://www.elcomercio.com/seguridad/JuecesordenanLuluncototransmitasociales_0_852514906.html.
52
CarlosCorreaLoyola,CartaImpresaaDomingoParedes,PresidentedelCNE,sobreIntencindeRegularlasRedesSociales
[PrintedLettertoDomingoParedes,PresidentofCNE,abouttheIntentiontoRegulateSocialNetworks],BitcoradeCal
(blog),October18,2012,http://bit.ly/18l0dBH.
53
AsambleaNacionaldeEcuador,ConstitucindelEcuador[ConstitutionofEcuador],AsambleaNacionaldeEcuador,
October20,2008,http://www.asambleanacional.gob.ec/documentos/constitucion_de_bolsillo.pdf.
54
EcuadorTimes,RafaelCorreaAskedtheSENAINtoInvestigateTwitterAccounts,EcuadorTimes,January25,2013,
http://www.ecuadortimes.net/2013/01/25/rafaelcorreaaskedthesenaintoinvestigatetwitteraccounts/.
55
PaulMoreno,Viajes[Travel](Blog),http://paulcoyote.tumblr.com/;PaulMoreno,Twitterpage,@paulcoyote;Seealso:Paul
Moreno,www.DatoSeguro.gob.ecNoesSeguro[www.DatoSeguro.gob.ecisNotSafe],Ecualug,November26,2012,
http://www.ecualug.org/?q=20121126/blog/paulcoyote/wwwdatosegurogobec_no_es_seguro.
56
DINARDAP,BoletndePrensadeDINARDAP[DINDARPPressBulletin],ElComercio,November30,2012,
http://www.elcomercio.com/%20politica/BoletinprensaDINARDAP_ECMFIL20121130_0003.pdf;ElUniverso,Bloguero
DetenidoporUsarDatosdelPresidenteCorreaenSistemaDatoSeguro[BloggerDetainedforUsingDataofPresideninSystem
DataInsurance],ElUniverso,November30,2012,http://m.eluniverso.com/2012/11/30/1/1355/detienetuiteroadvirtio
posiblesfallassistemadatoseguro.html.
57
PaulMoreno,LetterDetailingArrestandDetention,Calu(blog),December1,2012,http://calu.me/sandbox/cartapaul.jpg.
ECUADOR

In December 2012, Russian tech company Speech Technology Center revealed that it had been
contracted to provide Ecuador with a nationwide biometric identification platform capable of
facial and voice recognition. The controversial database of voiceprints and facial features created
by the country allegedly stores information only on known or suspected criminals or persons of
interest.58 Although the government claims not to listen to phone calls for political purposes,
human rights advocates have cautioned that the technology holds the potential for abuse and could
be used to track down political dissidents, advocates, or investigative journalists. 59
Instances of verbal and physical harassment against journalists appear to be on the raise. In fact,
verbal threats often come from the president, who uses his weekly sabatina (report) to insult
journalists and others who have displeased him. The president, who has referred to journalists as
assassins with ink60 has also filedand woncourt proceedings against print journalists who have
made critical comments about him or about presidential orders that resulted in the harming of
civilians. In one landmark case from 2011, newspaper El Universal was charged $40 million in
damages for publishing a critical article. Emilio Palacio, author of the column, and the directors of
the newspaper were all sentenced to three years in prison. Palacios sentence was overturned in
August 2012, but he and his family were already in the process of applying for political asylum in
the United States which was granted the following month.61
Recent years have also been witness to two murdersone of a photojournalist, and one of an
online reporter. In August 2012, Orlando Gomez Leon, a Quito based journalist from Colombia
who writes for a Colombian weekly newspaper and also serves as an internal editor at print and
digital newspaper La Hora, was the target of intimidation and violence. After contributing to an
article discussing Ecuadors free speech issues and its contradictory extension of asylum to
WikiLeaks creator Julian Assange, Gomez began receiving threats. Later in the day, he was attacked
by two assailants with a steel bar but managed to drive away unharmed. Given the nature of the
threats he received, which included a warning to stop saying bad things about Ecuador, the attack
appears to be connected directly to Gomezs journalism.62
In April 2013, Fausto Valdivieso, a public relations consultant and journalist of nearly 30 years who
wrote widely on social networks and reported for a small online TV station, was murdered after
numerous threats and a previous attempt on his life a day earlier. Although a link to his journalistic
work has not been proven, his murder occurred while he was investigating issues related to the
58
RyanGallagher,EcuadorImplementsWorldsFirstCountrywideFacialandVoiceRecognitionSystem,Slate,December
12,2012,http://slate.me/T9E6WV.
59
RosieGrayandAdrianCarrasquillo,EcuadorDefendsDomesticSurveillance,Buzzfeed,June27,2013,
http://www.buzzfeed.com/rosiegray/ecuadordefendsdomesticsurveillance.
60
SummerHarlow,EcuadorPresidentBlastsNewMediaduringSpeechatColumbaUniversityinNewYork,KnightCenterfor
JournalismintheAmericas,Septemeber28,2011,https://knightcenter.utexas.edu/blog/ecuadorpresidentblastsnewsmedia
duringspeechcolumbiauniversitynewyork.
61
HumanRightsEcuador,CasoElUniversal,accessedAugust7,2013,http://www.humanrightsecuador.org/casos
destacados/casoeluniverso/?lang=esSeealso:EmilioPalacio,MiVidaen830Palabras,EmilioPalacioenInternet(blog),
September2011August2012,https://sites.google.com/site/emiliopalacioeninternet2/home/trayectoriadeEmilioPalacio.
62
ReportersWithoutBorders,ColombianJournalistThreatened,AttackedwithSteelBar,ReportersWithoutBorders,August
22,2012,http://en.rsf.org/ecuadorcolombianjournalistthreatened22082012,43257.html.
ECUADOR

government. Accordingly, his work has been suspected as one possible motive in the killing.63 The
suspects, currently in custody, are reputed to be members of a criminal drug-trafficking ring.64
Cyberattacks in Ecuador are generally sporadic rather than systematic, although they appear to be
on the rise. These assaults include modifications to webpages (defacements), phishing, the spread of
malware, and DDoS attacks. The websites of independent human rights organizations have
occasionally been subject to disabling attacks and unexplained disruptions, and although their
administrators suspect government involvement, no party has yet taken responsibility. In February
2013, the Twitter accounts of human rights organization Fundamedios (Andean Foundation for
Media Observation and Study) and the online activism site Polificcion were suspended without
explanation.65 Following a press conference held by Fundamedios which detailed the dangers of
arbitrary suspension, the organizations Twitter account was reinstated in March, 2013.66
In January 2013, immediately following the publication of an article alleging that President Correa
had two offshore bank accounts in Switzerland, website BananaLeaks.co was the target of disabling
cyberattacks. Although administrators were able to get the site back up and running one day later,
BananaLeaks says its site was immediately sabotaged by the Ecuadorian government with DDoS
attacks.67 Independent media outlets have not been the only targets of such attacks, however. In
August 2012, hacktivist group Anonymous hacked into 45 websites belonging to the Ecuadorian
government in protest of Article 29 of CONATELs July 2012 resolution allowing government
agencies to request users IP addresses.68 Operation #OpInternetSurkishka wreaked utter and
widespread havoc on governmental websites for two days. 69
63
FormoreonValdiviesoswritings,see:YouTube,Patuchobalcon,lastupdatedAugust2011,
http://www.youtube.com/user/patuchobalcon.
64
DiarioExtra,FaustoValdiviezoConociaaSusPresuntosAsesinos[FaustoValdiviezoKnewhisAllegedMurderers],Diario
Extra,June3,2013,http://www.diarioextra.com/ediciones/2013/06/03/cronica/faustovaldiviezoconociaasuspresuntos
asesinos/;Seealso:ReportersWithoutBorders,JournalistSlaininGuayaquil,aDayafterEscapingEarlierMurderAttempt,
ReportersWithoutBorders,April12,2013,http://en.rsf.org/ecuadorjournalistslaininguayaquila12042013,44372.html.
65
LaRepblica,CorreaPideaInteligenciaqueInvestigueaDosTuiteros[CorreaCallsonIntelligencetoInvestigateTwo
Tweeters],LaRepblica,January24,2012,www.larepublica.ec/blog/politica/2013/01/24/correapidealasenainque
investigueadostuiteros/;Seealso:CarlosAndresVera,SobrelaSuspensindemiCuentaTwitter,[AbouttheSuspensionof
myTwitterAccount],PoliFiccion(blog),March4,2013,http://polificcion.wordpress.com/2013/03/04/sobrelasuspensionde
micuentatwitter/.
66
Fundamedios,TwitterSuspendeCuentadeOrganizacinEcuatoriana[TwitterSuspendsAccountofEcuadorian
Organization],IFEX,February26,2012,http://www.ifex.org/ecuador/2013/02/26/fundamedios_cuenta_twitter/es/.
67
Fundamedios,WebsiteHackedbyEcuadorianGovernmentAfterStoryonPresident,Fundamedios/IFEX,February14,2013,
http://www.ifex.org/ecuador/2013/02/14/bananaleaks_sabotage/.
68
EuropaPress,AnonymousHackea45WebsdeGobiernoEcuatoriano[AnonymousHack45WebsoftheEcuadorian
Government]EuropaPress,August11,2012,http://www.europapress.es/latam/ecuador/noticiaecuadoranonymoushackea
45websgobiernoecuatoriano20120811063017.html.
69
Storify,#OpInternetSurkishkaenEcuador[#OpInternetSurkishkainEcuador],DigitalUsersofStorifyEC,August2012,
http://storify.com/ecuadorinternet/opinternetsurkishka.
ECUADOR
EGYPT
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
14
12
33
59
15
12
33
60


Authorities repeatedly throttled mobile internet service in the areas around political
protests, preventing activists from communicating through social networks and VoIP
services (see OBSTACLES TO ACCESS).
Courts ordered the temporary blocking of YouTube and permanent blocking of
pornography sites, though the decisions have not been implemented (see LIMITS ON
CONTENT).
An unprecedented number of liberal bloggers and online activists have been prosecuted
by special courts for insulting the president. Several users were also charged for
insulting religion over social networks (see VIOLATIONS OF USER RIGHTS).
Administrators of antigovernment and anti-Muslim Brotherhood Facebook groups
were targeted in cases of extralegal abductions and killings (see VIOLATIONS OF USER
RIGHTS).
Senior Muslim Brotherhood officials working in the office of President Morsi
reportedly met with an Iranian spy chief in December 2012 to seek assistance in the
development of new surveillance capabilities outside of the traditional militarycontrolled structure (see VIOLATIONS OF USER RIGHTS).
EGYPT

This report covers events between May 1, 2012 and April 30, 2013. On July 3, 2013, President
Mohamed Morsi was removed from power by General Abdul Fatah al-Sisi, the Defense Minister and
head of the armed forces. Millions of Egyptians had taken to the streets since June 30 in a protest
coordinated by a grassroots campaign known as Tamarod, the Arabic word for rebel. Tamarod, which
is supported by the Egyptian Movement for Change, threatened widespread civil disobedience if Morsi
did not resign by July 2. More significantly, the army issued a 48-hour ultimatum to the countrys
political groups to meet the demands of the people and threatened to intervene if the political crisis
was not solved. When Morsi refused to back down, the army took him under detention and appointed
the head of Egypts highest court, Adly Mansour, as interim president. Together with religious and
secular opposition leaders, General al-Sisi set out a roadmap for the drafting of a new constitution as
well as the holding of parliamentary and presidential elections. Supporters of Morsi remained camped
out in two large protest sites until August 14, when security forces raided the camps, killing hundreds
in the process. Senior Muslim Brotherhood figures were taken under arrest and a temporary state of
emergency was declared.
INTRODUCTION
Since the internet was introduced in the country in 1993, the Egyptian government has invested in
information and communications technology (ICT) infrastructure as part of its strategy to boost the
economy and create jobs. Until 2008, authorities showed a relaxed attitude toward internet use
and did not censor websites or use high-end technologies to monitor discussions. However, with
the rise of online campaigns to expose government fraud, document acts of police brutality, and
call for large-scale protests, the government began to change its stance. Between 2008 and 2011,
state police admitted to engaging in surveillance, online censorship, and cyberattacks especially
against sites related to the Muslim Brotherhood and other opposition movements.1
The significant role of ICTs in the 2011 protests that toppled the 30-year regime of President Hosni
Mubarak led some to label the event as the Facebook2 or Twitter revolution.3 After the Supreme
Council of Armed Forces (SCAF) took control of the government, the military administration
maintained many of its predecessors tactics by keeping mobile phones, social media, and
opposition activists under vigorous surveillance. Even as several activists and bloggers were
intimidated, beaten, or tried in military courts for insulting the military power or disturbing
social peace, social networks continued to grow as a democratizing tool. Online, Egyptians
launched debates about the fate of their emerging democracy and exerted pressure on SCAF to end
GalalAmin,WhateverhappenedtotheEgyptianRevolution,Cairo:AlShorook,2013.
AbigailHauslohner,IsEgyptAbouttoHaveaFacebookRevolution,Time,January24,2011,
http://www.nbcnews.com/technology/jonstewartquestionsegyptstwitterrevolution125446.
3
HelenA.S.Popkin,JonStewartquestionsEgyptsTwitterrevolution,NBCNews,January28,2011,
http://www.nbcnews.com/technology/jonstewartquestionsegyptstwitterrevolution125446.
2
EGYPT

decades under emergency rule. On May 31, 2012, the state of emergency was finally lifted4 and
one month later, power was officially handed over to a civilian government in a controversial
election that pitted a former Mubarak official with an Islamist candidate.5
After the election of President Mohammed Morsi, a candidate from the Muslim Brotherhoods
Freedom and Justice Party, Egypt has failed to make any gains in internet freedom. The passage of a
new constitution did not allay concerns over threats to free speech and a record number of citizens
were prosecuted for insulting the president. The rise of Islamist forces has also contributed to an
increase in online blasphemy cases being tried in Egyptian courts, resulting in several users
receiving jail sentences. Countless other web activists and social media users have been harassed and
detained. Police authorities and Muslim Brotherhood thugs engaged in extralegal violence against
liberal activists and revolutionary youths who voice dissent online. Finally, distrust between the
military and the Muslim Brotherhood led the latter to seek Iranian assistance in the development of
parallel security and intelligence arms outside of the existing military-controlled structure. Despite
these obstacles, online journalists and commentators have continued their dynamic role, pushing
the boundaries of free speech and protesting against the undemocratic actions of the civilian
president.
OBSTACLES TO ACCESS
The development of Egypts ICT sector has been a strategic priority since 1999, when former
president Mubarak created the Ministry of Communications and Information Technology (MCIT)
to lead Egypts transition into the information age.6 Since then, ICT use has increased rapidly, with
internet penetration growing from 16 percent in 2007 to 44.1 percent in 2012.7 Mobile internet,
either using smartphones or USB modems, accounts for roughly 44 percent of all internet use, with
ADSL use at around 38 percent. Egypts mobile phone penetration rate was 113.2 percent in the
first quarter of 2013, amounting to over 94 million mobile subscriptions.8
Although these figures are promising, there are a number of obstacles hindering access to ICTs,
including an adult literacy rate of only 72 percent,9 poor telecommunications infrastructure in rural
areas and urban slums, and flagging economic conditions. Moreover, ICTs and online culture are
often viewed with suspicion and womens access to technology has become a growing concern after
4
Egyptstateofemergencyliftedafter31years,BBCNews,May312012,http://www.bbc.co.uk/news/worldmiddleeast
18283635.
5
OsmanElSharnoubi,EgyptsPresidentMorsiinpower:Atimeline(PartI),AhramOnline,June282013,
http://english.ahram.org.eg/News/74427.aspx.
6
HistoricalPerspective,MinistryofInformationandCommunicationTechnologies,AccessedApril16,2013,
http://www.mcit.gov.eg/TeleCommunications/Historical_Prespective.
7
PercentageofIndividualsUsingtheInternetandMobilecellularsubscriptions,InternationalTelecommunicationsUnion,
accessedJuly232013,http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.
8
MinistryofInformationandCommunicationTechnologies,InformationandCommunicationsTechnologyIndicatorsMarch
2013,availableathttp://mcit.gov.eg/Indicators/indicators.aspx,accessedJuly232013.
9
UnitedNationsDevelopmentProgram,Egypt,CountryProfile:HumanDevelopmentIndicators,accessedJuly23,2013,
http://hdrstats.undp.org/en/countries/profiles/EGY.html.
EGYPT

the revolution. 10 In some cases, marginal religious figures have issued fatwas against women using
the internet without the presence of a male chaperone.11
Broadband prices in Egypt are relatively cheap if compared to neighboring Arab Countries.
However, with more than 25 percent of the Egyptian population living under the national poverty
line, internet access is not universally affordable.12 As an indication of what prices are like, a 2
Mbps connection costs $11 per month for a download limit of 4 GB, whereas an unlimited plan
costs $30 per month.13 In an index that compares ICT prices to gross national income (GNI) per
capita, Egypt ranks 77th out of 161 countries.14
Recent investment in telecommunications infrastructure has been limited since the revolution. The
countrys economic crisis halted plans for a fourth mobile operator license and many foreign
investment projects have ceased due to the increase in violence and political instability. Moreover,
several training programs and collaborations with international and private entities were halted.15
Many cybercafs and ISPs have closed down upon increased threats to their operations and
continued pressure from the government and non-state actors.16 Frequent electricity blackouts also
disrupted internet access in major cities.
Documents recovered from the Ministry of Interior after the fall of the Mubarak regime revealed
how the Egyptian government centralized internet infrastructure and fiber-optic cables into highlycontrollable chokepoints.17 In addition, virtually all of Egypts telecommunications infrastructure
is owned by Telecom Egypt, a state-owned company. Egypts five main ISPs lease lines from
Telecom Egypt and resell bandwidth to over 200 smaller ISPs. The arrangement makes it easy to
suspend internet access or decrease speeds, as was the case during the 2011 revolution. From
January 27 to February 2, 2011,18 authorities disabled the countrys Border Gateway Protocol
Routes, shutting down all internet traffic in less than one hour.19 Telecommunications companies
were then ordered to cut mobile internet and text-messaging service under the terms of strict
agreements they had signed with regulators. At the time, state intelligence agencies claimed that
10
AhmedElGody,2008,NewMediaNewAudienceNewTopicsandNewformsofCensorshipintheMiddleEastinPhilipSeib
NewMediaNewMiddleEastNewYork:Palgrave
11
SanaaAlTawila,2013,ThemostvocalWomenFatwashttp://bit.ly/19MveMJ,accessedJune11,2013
12
WorldBank,DataIndicators:PovertyHeadcountRatioat$2aDay,http://data.worldbank.org/country/egyptarab
republic?display=default,accessedJune13,2013
13
HomeADSLPriceList,TEData,accessedJuly24,2013,http://www.tedata.net/eg/en/HomeADSL/HomeADSLPricesList.
14
MeasuringtheInformationSociety,InternationalTelecommunicationUnion,2012,http://www.itu.int/en/ITU
15
B.O.AdegbemiOnakoya,A.SheriffdeenTellaandM.AdenikeOsobaInvestmentinTelecommunications
InfrastructureandEconomicGrowthBritishJournalofEconomics,Management&Trade2(4):309326,2012
www.sciencedomain.org/download.php?f=1354167302.pdf.
16
AsmaAlsharifandDavidStamp,Egyptianreassurancemayfailtowooinvestmentdollars,CNBC,March21,2013,
http://www.cnbc.com/id/100578204.
17
JamesGlanzandJohnMarkoff,EgyptLeadersFoundOffSwitchforInternet,TheNewYorkTimes,February15,2011,
http://www.nytimes.com/2011/02/16/technology/16internet.html?_r=2&pagewanted=all&.
18
EricaChenoweth,BackfireintheArabSpring,MiddleEastInstitute,September1,2011,
http://www.mei.edu/content/backfirearabspring.
19
IljitschvanBeijnum,HowEgyptdid(andyourgovernmentcould)shutdowntheinternet,ArsTechnica,January30,2011,
http://arstechnica.com/techpolicy/2011/01/howegyptorhowyourgovernmentcouldshutdowntheinternet/.
EGYPT

foreign intelligence [was] using communication technologies to plan terrorist actions.20 Steps to
limit bandwidth and temporarily cut off service in targeted areas were also taken by the interim
SCAF administration and, more recently, under President Morsi.
Mobile users and activists have complained of throttled internet speeds in areas of protests, most
likely due to government efforts to limit their ability to organize and document police brutality.21
In November and December 2012, during demonstrations outside the presidents office and clashes
on Mohamed Mahmoud Street, users reported the temporary cutting off of Voice over Internet
Protocol (VoIP) applications and mobile internet access more generally. A more widespread
disruption to connectivity occurred in March 2013 during heightened protests against President
Morsi and the Muslim Brotherhood. However, Egypts National Telecommunications Regulatory
Authority clarified that the disruption was due to a cut in an undersea cable that also affected
internet speeds across the region.22 The poor legal and regulatory environment has led to several
campaigns calling for a boycott of government-linked ISPs23 and for the establishment of an
independent entity to monitor the ICT sector.24
Mobile service providers and ISPs are regulated by the National Telecommunication Regulatory
Authority (NTRA) and governed by the 2003 Telecommunication Regulation Law. The NTRAs
board is chaired by the ICT minister and includes representatives from the defense, finance, and
interior ministries; the state security council; the presidency; workers unions; as well as public
figures, experts, and other military figures.25 Officially, the NTRA is responsible for regulating the
telecommunications industry26 and furthering ICT development through projects like the eMisr
National Broadband Plan outlined in late 2011.27 The NTRA also conducts analysis of the
telecommunication market and publishes research to encourage investment. However, there have
been some reports revealing the NTRAs ties to online control and surveillance activities. Through
its control of the mobile subscriber database, it has been accused of monitoring mobile and social
media applications, such as WhatsApp.28
20
AmeeraFouad,Sayingnotomobilephones,AlAhramWeeklyOnline,IssueNo.1083,February28,2012,
http://weekly.ahram.org.eg/2012/1083/eg402.htm.
21
AlWafd,CairoPoliceChief:NopowercutoffinTahrirSquare24November2012http://www.alwafd.org/
/10 /311559 .
22
AhmedElBermawyUrgent:InternetCablemajorcutoffAlTahrirnewspaper22March2013
http://tahrirnews.com/news/view.aspx?cdate=22032013&id=d0e2c3c4cdf44d9ba444d438f00dcac8
23
CampaignforFairInternetUsehttp://www.almstba.com/vb/t12717.html.
24
ThePeopledemandFairInternethttps://www.facebook.com/KefayaSer2a.
25
AboutUs:NTRABoard:BoardMembers,NationalTelecommunicationRegulatoryAuthority,accessedApril16,2013,
http://www.tra.gov.eg/english/DPages_DPagesDetails.asp?ID=175&Menu=5.
26
AboutUs:NTRABoard:NTRAFunction&Role,NationalTelecommunicationRegulatoryAuthority,accessedApril16,2013,
http://www.tra.gov.eg/english/DPages_DPagesDetails.asp?ID=176&Menu=5.
27
eMisrNationalBroadbandPlan,NationalTelecommunicationRegulatoryAuthority,
http://www.tra.gov.eg/emisr/Presentations/Plan_En.pdf.
28
AhmedElBermawyNTRAdenymonitoringsocialmediaandsmsMasress,January20,2013,
http://masress.com/dostor/65762.
EGYPT

LIMITS ON CONTENT
While the Egyptian government does not block unfavorable or controversial websites, it does
manage to place significant limits on online content through more nuanced means. There have also
been contentious court decisions to block YouTube and pornography, though so far the MCIT has
refused to implement these on the grounds that they are unfeasible. In the countrys highlypolarized environment, Egypts political parties and social movements vie for online supremacy.
The heads of state media companies were replaced with sympathizers of the Muslim Brotherhood,
who have also built their own formidable online media apparatuses to spread propaganda and rally
supporters. Nonetheless, citizen journalism and social media activism have retained their
importance in the country, where official statements by the presidency, the opposition, and the
military are often made on Facebook before they are presented on traditional sources.
Web 2.0 tools such as YouTube, Facebook, Twitter and international blog-hosting services are
freely available. VoIP services are largely available, even if it is technically illegal to make
international calls from mobile networks under Article 72 of the Telecommunications Law, which
forbids the by-passing [of] international telephone calls by any means whatsoever.29 Thus, VoIP
calls through services such as Skype and Viber can only officially be placed over fixed-line or Wi-Fi
networks, not through 3G.30 However, as mentioned above, VoIP tools are often temporarily
blocked or rendered inaccessible through the throttling of bandwidth.
Egypts courts have made a number of high-profile rulings to block online content. In late 2012,
Egypts prosecutor-general ordered government ministries to implement a 2009 ban on
pornographic websites. While no action has yet been taken, its feasibility was reportedly debated at
the MCIT. The cost of implementing such a ban is estimated at around EGP 25 million ($4
million), a hefty figure when considering the countrys economic woes.31 Several civil society
organizations have criticized the court decision, stating that the banning of content for cultural or
religious grounds could eventually lead to increased censorship. Nevertheless, several ISPs have
already implemented the court decision on a voluntarily basis, offering a safe internet service to
subscribers.
Another controversial court decision involved the banning of YouTube for a month in retaliation to
the site hosting the offensive Innocence of Muslims video clip.32 The February 9, 2013 order was
not implemented by the MCIT, which claimed the block would be too expensive and did not fall
under the ministrys legal authority. Appeals were filed by both the ministry and the Association for
Freedom of Thought and Expression in Egypt, a local rights group.33
29
TelecommunicationRegulationLaw,LawNo.10of2003,February2003,ArabRepublicofEgypt.
EgyptbanksVoIPservicesfromoperatorssuchasSkype,BBCNews,March24,2010,
http://news.bbc.co.uk/2/hi/technology/8585998.stm.
31
IngyHassieb,Egyptmovestoblockaccesstopornography,LATimes,April4,2013,
http://www.latimes.com/news/world/worldnow/lafgwnegyptaccesspornography20130404,0,1516553.story.
32
AlBaladBanningYOUTUBEfor30dayshttp://albaladoman.com/?p=8446.
33
EgypttelecomsauthoritysayscantblockYouTube,TheDailyStar(Lebanon),February16,2013,http://bit.ly/1bXbFaA.
30
EGYPT

While the courts have yet to force the blocking or deletion of these sites, users have taken up more
informal tactics to force the deletion of social media accounts or groups that express views to which
they are opposed. Facebook groups like Ana Asf ya Rayes have had their accounts suspended by
Facebook users sympathetic to the Muslim Brotherhood, citing fabricated copyright or terms of use
violations.34 The group had also received threats after calling for protests against the Brotherhoods
acquisition of power.35
In a separate tactic, online posts and comments are also censored by webmasters and page
moderators. The editors of state media websites deliberately delete posts that are critical toward
the government and actively drum up support for state policies. This echoes the degree of selfcensorship exercised in traditional media, where journalists employ a sense of caution when
tackling subjects such as the presidency, the military, and Muslim-Christian relations. Nonetheless,
the generation of online activists and bloggers that has grown from the January 25 revolution has
become increasingly vociferous in their coverage of sensitive subjects.
As social media has exploded, so too have attempts by political parties, the military, and the
government to communicate and often spread propaganda on their official Facebook and Twitter
accounts. All emerging political parties, social movements, government offices, and military bodies
have started to actively participate in online discussions on the state of the country.36 The
popularity of social media has also galvanized the spread of gossip and rumors, further polarizing
the countrys politics.
More unofficially, armies of micro-bloggers writing in English and Arabic have steered online
discussions in favor of the Morsi government, 37 reportedly with control and even payment from
the Muslim Brotherhood.38 Several pro-Muslim Brotherhood figures have been installed into
leadership positions within the media and telecommunication industries, including Salah Abdel
Maksoud, the former director of Morsis presidential campaign who was later appointed
Information Minister. Online media outlets have hinted at the mounting pressure they receive from
the government,39 the Muslim Brotherhood, Salafists, and their sympathetic groups to regulate
content.40 In addition, Islamists have created a Committee for the Promotion of Virtue and
Prevention of Vice, modeled after their counterparts in Saudi Arabia, to monitor access to ICTs
and ensure moral use of the internet, particularly at cybercafs.41 A Facebook page linked to the
34
ElFagrThesuspensionofAnaAsfyaRaysandtheBrotherhood
http://new.elfagr.org/Detail.aspx?nwsId=301412&secid=1&vid=2.
35
MohamedashourOurpageisclosed,wegotthreatsofbeatanddragginginthestreetsfromtheBrotherhood14March
2013AlWatannewshttp://www.elwatannews.com/news/details/146611.
36
InternetinEypt:fromanOppositionavenuetoapoliticalplayground,DW.de,March21,2012,http://dw.de/p/14N4s.
37
Seeforexample:TwitterDiscussions&Trends,IsqatAlNizam,lastmodifiedMarch5,2012,accessedJune30,2012,
http://wiki.aucegypt.edu/isqatalnizam/index.php/Twitter_Discussion_%26_Trends.
38
NadyAtefYouthofEgyptcreatetheirownwebsitetoDefendthebrotherhood,ElGomaa,December12,2012,
http://www.elgomaa.com/article.php?id=82640,andSsharKhamisetal.BeyondEgyptsFacebookRevolutionandSyrias
YouTubeUprising:ComparingPoliticalContexts,ActorsandCommunicationStrategies,ArabMediaandSociety
http://www.arabmediasociety.com/articles/downloads/20120407120519_khamis_gold_vaughn.pdf,accessed12June2013.
39
RevolutionYouthItisnotsafetoworkasajournalistinEgyptunderBrtherhoodrulehttp://bit.ly/GzrozK.
40
DiaaRashwanJournalismisinrealthreathttp://www.coptsunited.com/article.php?I=410&A=88186,andNational
Movementwarnsfromjournalismsiege,Masrawy,http://bit.ly/1fDhUmA.
41
KaterinaNikolas,EgyptunleashesIslamicmoralitypoliceforce,DigitalJournal,March3,2013,http://bit.ly/1fX6NCu.
EGYPT

committee was closed in July 2012 after its members claimed responsibility for the killing of a
student in Suez.42
The Muslim Brotherhoods online strength was clear during the May-June 2012 presidential
election. Users linked to the Brotherhoods Rassd News Network (RNN) provided live updates and
published a Google spreadsheet of the election results before all ballots were counted.43 Several
entities accused the Muslim Brotherhood and Freedom and Justice Party (FJP) micro-bloggers of
manipulating the election by pushing voters towards an acceptance of Morsi as the new president.44
After the elections, the FJP continued to invest in digital strategies to manipulate popular opinion.45
RNN has grown from a Facebook page46 to become one of the main online news portals in postMubarak Egypt.47 In addition, a leaked document from the office of the president revealed a policy
in which news was first circulated to media outlets sympathetic to the Brotherhood.48 Similar
techniques were used by Morsis predecessors.
Online news websites have begun to replace traditional news sources due to their immediate and
interactive nature, and because they allow for audience participation and cover topics not tackled
by the traditional media. Regionally, Egyptian online news outlets are some of the most visited
websites in the Middle East, representing 45 percent of online news content from the Arab
world.49 Through state media and independent news outlets, Egyptians can access a variety of
viewpoints from the different political and social groups of society.
Content from citizen journalism and blogs have even become the raw material for private and
independent media. Egyptian bloggers collect and disseminate information about the arrests of
activists and acts of torture by the government or non-state actors.50 Bloggers such as Alaa Abdel
Fattah, Wael Abbas, Ahmed Doma, and Asmaa Mahfouz have become media celebrities in
recognition of their work. Numerous well-known figures who write under their real names
continue to push the limits of freedom of expression online, even at great risk to their personal
safety.51
42
FacebookgroupshutdownaftermembersclaimresponsibilityforSuezdeath,EgyptIndependent,July5,2012,
http://www.egyptindependent.com/news/facebookgroupshutdownaftermembersclaimresponsibilitysuezdeath.
43
AnadolEgyptcancelsallGoogleserviceswithindayshttp://www.aa.com.tr/ar/rss/132539
44
OmarAyshaHowEgyptisDiscussingthePresidentialElectionsonFacebookandTwitter,Wamda,June17,2012,
http://www.wamda.com/2012/06/howegyptisdiscussingthepresidentialelectionsonfacebookandtwitter.
45
SeevideoAmrAdibbexposesthenetworkofelectronicmonitoringandcommitiesoftheBrotherhood,uploadedbyuser
benettonzamalek,July12,2012,YouTube,http://www.youtube.com/watch?v=yjmxPNeV6xU.
46
TheEnglishlanguagepageforRNNcanbefoundathttps://www.facebook.com/RNN.World.
47
Seehttp://www.rassd.com.
48
AlWatanMistakenmessagerevealsthatthepresidentprefersYoum7andAlShurookovertherestofthenewspapers
http://www.elwatannews.com/news/details/148174.
49
AhmedElGody,JournalisminaNetwork:TheRoleofICTsinEgyptianNewsrooms(rebro:rebroUniversityPress,2012).
50
OsamaDiab,NewEgypt,newmedia,TheGuardian,March10,2011,
http://www.guardian.co.uk/commentisfree/2011/mar/10/egyptmedianewspapersmubarakpropaganda.
51
Khan,A.A(2012)."TheRoleSocialofMediaandModernTechnologyinArabsSpring".FarEastJournalOfPsychology&
Businesshttp://econpapers.repec.org/article/fejarticl/v_3a7a_3ay_3a2012_3ai_3a4_3ap_3a5663.htm.
EGYPT

Egyptian human rights groups and civil society organizations make extensive use of social media and
blogs in order to document human rights violations and expose government hypocrisy. With over
11 million accounts,52 Egyptians represent a quarter of all Facebook users in the Arab world.53
Furthermore, groups like The Egyptian Movement for Change (Kefaya), the 6th of April
Movement, and Shayfenkom (We Can See You) have been successful in rallying for political causes
through the use of social-networking sites.54 The No Military Trials for Civilians campaign has
been successful in garnering support, using Google Spreadsheets to chronicle hundreds of instances
of arbitrary detention in military courts since the revolution.55 Finally, the Morsi Meter website
gained notoriety as it evaluated the first 100 days of Presidents Morsis term of office and his lack
of success in meeting a number of promises he made upon being elected.56

Violations against users continued to grow between May 2012 and April 2013, with several
bloggers and activists threatened, beaten, harassed, and killed. The government prosecutes and
intimidates users through the continued use of Mubarak-era laws to silence dissent.57 The number
of lawsuits related to insulting the office of the president skyrocketed in the first six months of
President Morsis term, eclipsing the total number of citizens that were convicted during former
president Mubaraks entire 30 years in office.58 In another trend, blasphemy charges continue to
pose a threat in the post-Mubarak period, with several users arrested and charged for insulting
religion. Most worryingly, the period from May 2012 through April 2013 has seen an increase in
extralegal abductions and targeted killings, with several administrators of Facebook groups
reportedly singled out and shot by snipers during protests. These actions are reflective overall of
the deteriorating environment in Egypt, in which documented attacks on journalists have gone up
tremendously since the January 2011 revolution, including three deaths and 42 cases of temporary
detentions.59 In line with some observers perceptions that the Muslim Brotherhood sought to
transform existing state structures in an attempt to remain in power, senior officials in the office of
President Morsi staged a high-profile meeting with Irans spy chief, in which they reportedly sought
Iranian assistance in developing new security and intelligence arms. The move was interpreted by
some as an attempt to build surveillance capabilities directly under control of the president, thereby
reducing institutional reliance on the military.
52
Study:Egyptranks19thinFacebookusers,July31,2012,http://www.egyptindependent.com/news/studyegyptranks
19thfacebookusers.
53
Egypt,theBiggestFacebookUserPopulationintheRegion,MCIT,November28,2012,
http://www.mcit.gov.eg/Media_Center/Latest_News/News/2491.
54
NaayemSaadZaghloul,ElectronicMassCommunicationinEgypt:RealityandChallenges(Cairo:EgyptianCabinet,
InformationandDecisionSupportCenter,February2010),38.
55
SeeNotoMilitaryTrialsforCivilians,http://en.nomiltrials.com/p/detaineeslist.html.
56
MorsiMeter!http://www.morsimeter.com/en.
57
HannahGrigg,2013,"FreedomtoCriticizeUnderAttackintheMiddleEastandNorthAfrica"AtlanticCouncil
http://www.acus.org/viewpoint/freedomcriticizeunderattackmiddleeastandnorthafrica.
58
NickGjorvad,Theinsultofpoliticalcriticism,DailyNewsEgypt,February20,2013,
http://www.dailynewsegypt.com/2013/02/20/theinsultofpoliticalcriticism/.
59
HundredsofjournalistsattackedinEgyptsincerevolution,studyfinds,FoxNews.com,May30,2013,
http://www.foxnews.com/world/2013/05/30/hundredsjournalistsattackedinegyptsincerevolutionstudyfinds/.
EGYPT

Although President Morsi and the Muslim Brotherhood-led government pay tribute to concepts
such as free speech and freedom of the press in their rhetoric, the reality has proven otherwise.
While freedom of expression and religion are guaranteed by the Egyptian constitution, it is
forbidden to insult religion or religious prophets. Similarly, media freedom is guaranteed, though
the press must respect individuals privacy, the essential elements of state and society, and the
requirements of national security. Censorship is officially forbidden except for times of war or
public mobilization. The constitution also grants the right to privacy and states that no
telecommunications activity can be intercepted or inspected without a court order.60
Local civil rights advocates have argued that any new constitutional rights are inexistent in practice,
due to the continued presence of restrictive laws such as the Press Law, the Law on the Protection
of the Nation and Citizens, the Law on Security of National Unity, the Publications Laws, the
Telecommunications Law, and the Emergency Law. While the emergency law was not renewed on
May 31, 2012, the president retains broad powers to confiscate, suspend or shutdown all means of
communication during emergencies.
A series of actions by President Morsi have weakened the independence of the judiciary, leading to
the harsh application of existing laws against political opponents of Morsi.61 In November 2012,
President Morsi established a special court and prosecution office for crimes such as insulting state
authorities, destroying public property, blocking transportation flows, as well as press crimes,
intimidation and terrorizing.62 At the same time, Morsi published a constitutional declaration
which prohibited the judiciary from challenging his authority or appealing his decrees. Morsi also
contravened existing laws by dismissing the public prosecutor before his term had ended.63
The new prosecutor has been blasted by local civil society organizations for consistently and
disproportionately targeting liberal activists, members of Egypts independent media, and online
users who criticize the president.64 A case was launched against video blogger Ahmed Anwar in
March 2013 over a satirical video he uploaded one year previously, in which he made fun of the
police.65 He was charged with insulting the Ministry of Interior, abuse of the internet, and
provocation, liable to a fine ranging from 20,000 to 100,000 Egyptian pounds ($2,900 to $14,000)
60
The2012ConstitutionofEgypt,TranslatedbyNivienSaleh,withIndex,NivienSaleh,AccessedApril17,2013,
http://niviensaleh.info/constitutionegypt2012translation/.
61
DavidD.Kirkpatrick,BlocktoTransitionasCourtDissolvesEgyptsParliament,NewYorkTimes,June14,2012,availableat
http://www.nytimes.com/2012/06/15/world/middleeast/newpoliticalshowdowninegyptascourtinvalidates
parliament.html?pagewanted=all.
62
Egypt:MorsyDecreeUnderminesRulesofLaw,HumanRightsWatch,November26,2012,
http://www.hrw.org/news/2012/11/26/egyptmorsydecreeunderminesrulelaw.
63
EgyptsjudgescallfornationalstrikeoverMursidecree,BBCNews,November24,2012,
http://www.bbc.co.uk/news/worldmiddleeast20476693.
64
Egyptstopjudicialbodyurgesprosecutortoquit,Reuters,April7,2013,http://www.reuters.com/article/2013/04/07/us
egyptprosecutoridUSBRE93605S20130407.
65
BrianDooley,DancingCopsVideoBloggerSaysFreedomofExpressionUnderAttackinEgypt,HuffingtonPost,May15,
2013,http://www.huffingtonpost.com/briandooley/dancingcopsvideoblogge_b_3280569.html.
EGYPT

and possible imprisonment.66 Local rights groups highlighted the case as yet another example of the
governments attempts to silence its critics.67
In total, 24 cases and complaints of insulting the president have been filed in the first 6 months of
Morsis time in office, compared to only 4 cases during former president Mubaraks 30 years in
power. Three of these cases were filed directly by the office of the Egyptian president. Bloggers,
human rights defenders, members of civil society organizations, and journalists have been
summoned by the public prosecutor and investigated under special courts of the state security
apparatus, rather than the normal judiciary,68 in contravention of Article 198 of the new
constitution.69
As mentioned previously, several of Egypts high-profile political activists also maintain a social
media presence to interact with followers, document human rights violations, and mobilize
protests. In many cases, their online activities have been key in building a local following and,
conversely, in bringing unwanted attention from the police and security forces. Among many
examples, veteran blogger and human rights activist Alaa Abd al-Fattah was arrested in March 2013
on charges of provoking violence, related to clashes between government protestors and Muslim
Brotherhood supporters outside the organizations headquarters in Moqattam.70 It was reported by
several outlets that Abd El Fattah was detained over a Twitter post by a user under the name
Princess Joumana in which he was mentioned, sparking concerns from the government that the
blogger was collaborating with Gulf Arab monarchs against the Brotherhood.71 In July 2013, he was
acquitted of all charges.72
On April 30, 2013, state prosecutors in the northern city of Tanta detained popular blogger and
activist Ahmed Douma on charges of insulting the president and disseminating false news.73 One
month later, he was sentenced to six months in prison for calling President Morsi a murderer and a
criminal.74 He was eventually released on July 6, though he remains on trial for inciting violence
during the March 2013 protests outside of the Muslim Brotherhoods headquarters.75
66
AhmedAboulEnein,Bloggerfacestrialformockinginteriorministry,DailyNewsEgypt,April7,2013,
http://www.dailynewsegypt.com/2013/04/07/bloggerfacestrialformockinginteriorministry/.
67
JointStatementBloggerAhmedAnwartobetriedforinsultingMinisterofInteriorNewevidenceofgovernmentshostility
towardsfreedomofexpression,TheArabicNetworkforHumanRightsInformation,April7,2013,
http://www.anhri.net/en/?p=12131.
68
Increasingcrackdownonfundamentalfreedoms,InternationalFederationforHumanRights(FIDH),April3,2013,
http://www.fidh.org/Increasingcrackdownonfundamentalfreedoms13119.
69
The2012ConstitutionofEgypt,TranslatedbyNivienSaleh,withIndex,NivienSaleh,AccessedApril17,2013,
http://niviensaleh.info/constitutionegypt2012translation/#art198.
70
AswatMasryaUpdate:Egyptprosecutorordersactivistsarrested,AswatMasriya,25March2013
http://en.aswatmasriya.com/news/view.aspx?id=b6f070873b9f4e8b8fe820e5378e329d.
71
JillianC.York,EgyptsKeyBloggersFaceAbsurdLegalCharges,Harassment,ElectronicFrontierFoundation,April2,2013,
https://www.eff.org/deeplinks/2013/04/egyptbloggercrackdown.
72
Courtacquits12activistsinmarchviolenceatBrotherhoodHQ,EgyptIndependent,July7,2013,
http://www.egyptindependent.com/news/breakingprosecutorordersreleaseactivistalaaabdelfattah.
73
EgyptianactivistAhmedDoumadetainedforinsultingpresident,AhramOnline,April30,2013,http://bit.ly/11BZEOU.
74
ActivistDoumagets6monthsinprisonforinsultingpresident,AhramOneline,June3,2013,http://bit.ly/18MCzjM.
75
ProminentEgyptianbloggerreleasedfromjail,remainsontrial,Reuters,July6,2013,
http://www.reuters.com/article/2013/07/06/usegyptbloggeridUSBRE96506A20130706.
EGYPT

The fall of the Mubarak regime has also resulted in a greater openness to prosecute citizens for
religious-based offenses, particularly as Islamist parties have gained in popularity and prominence
amid the state apparatus. In July 2012, Beshoy Kamel was sentenced to six years in jail for allegedly
insulting religion, President Morsi, and a Salafist mans family over Facebook.76 Kamel, a Christian
teacher in the central Egyptian city of Sohag, had previously posted a warning on his Facebook page
that his account had been hacked. Nonetheless, Mostafa Safwat, a local Salafist, filed a complaint
after receiving a private message from Kamels account in which his family was allegedly insulted.
Kamels conviction was upheld in September 2012.77
Ahmed Saber, a computer science graduate and online activist, was sentenced to three years
imprisonment for defamation of religion on December 12, 2012.78 Saber was arrested on
September 13 after an angry mob had showed up at his house and accused him of posting the
Innocence of Muslims video which mocks the Prophet Mohammed. After Saber alerted the police
to protect him, he was instead detained and had his personal belongings confiscated without a
warrant.79 While investigators found no evidence that he had posted the video, he was prosecuted
for a video found at his home in which he is seen questioning the value of organized religion.80
Prosecutors also charged Saber, an atheist who comes from a Christian family, with fomenting
religious discord through the publication of writings, images, and videos to social networks, such as
his Facebook page Egyptian Atheists.81
In a largely symbolic gesture, seven Egyptian citizens of the Coptic faith were sentenced to death in
absentia for their role in the making of the Innocence of Muslims video. The sentence was passed
on November 28, 2012, two months after massive protests outside of the American Embassy.
Thousands of Egyptians had marched on the embassy in Cairo in anger over the short, offensive
video, climbing the walls and replacing the American flag with a black flag containing the words,
There is only one God but God and Mohammed is His messenger.82 All seven of those convicted
were living outside of the country.83
In addition, Gamal Abdou Massoud remains in jail after being sentenced in April 2012 to three
years in jail for posting cartoons to his Facebook page that allegedly insulted Islam and the Prophet
Mohammed. Massoud, a Coptic Christian from the central city of Assiut, was 17 years old at the
76
BenHubbardandMayyElSheikh,IslamistsPressBlasphemyCasesinaNewEgypt,TheNewYorkTimes,June18,2013,
http://www.nytimes.com/2013/06/19/world/middleeast/islamistspressblasphemycasesinanew
egypt.html?pagewanted=all.
77
KristenChick,EgyptpursuesblasphemycasesasMorsidefendsbanatUN,TheChristianScienceMonitor,September27,
2012,http://bit.ly/TIvcU5.
78
Egypt:Outragesguiltyverdictinblasphemycaseanassaultonfreeexpression,AmnestyInternational,December12,
2012,http://www.amnesty.org/en/news/egyptoutrageousguiltyverdictblasphemycaseassaultfreeexpression20121212.
79
KristenChick,Insultingreligion:BlasphemysentenceinEgyptsendsachill,TheChristianScienceMonitor,December12,
2012,http://www.csmonitor.com/World/MiddleEast/2012/1212/InsultingreligionBlasphemysentenceinEgyptsendsachill.
80
KristenChick,EgyptpursuesblasphemycasesasMorsidefendsbanatUN,TheChristianScienceMonitor.
81
Bloggerputontrialforinsultingreligion,EgyptIndependent,September24,2012,
http://www.egyptindependent.com/news/bloggerputtrialinsultingreligion.
82
USenvoydiesinBenghaziconsulateattack,AlJazeeraEnglish,September12,2012,
http://www.aljazeera.com/news/middleeast/2012/09/20129112108737726.html.
83
JackeyFortin,EgyptSentencesChristianstoDeathforInsultingIslam,ChargesUSPastorTerryJones,InternationalBusiness
Times,November28,2012,http://bit.ly/V1cS5b.
EGYPT

time. The posting of the cartoons led to attacks by groups of Muslims against Christians, who also
saw their homes torched.84
There were also numerous cases in which prominent activists, well-known for their online
activities, were detained for suspicious or weak charges related to their offline activities. Human
rights defender Hassan Mustafa was sentenced to two years imprisonment in March 2013 on
charges of allegedly assaulting a member of the Alexandria Prosecution Office.85 Mustafa is an
activist and campaigner who was heavily involved in the rights movement Hashd and the online
campaign We Are All Khaled Said. Later in March, Mahinour al-Masry and 12 other activists
were arrested on charges related to the storming of the Raml Police Station in Alexandria.
Mahinour al-Masry is a well-known human rights defender and a contributor to the news website
Ahram Online. Clashes had broken out earlier between activists from the Freedom and Justice
Party (FJP) and the al-Dostour (Constitutional) party, after an FJP member objected to being filmed
by activists from the latter party. That same day, photographer Sameh Mashali, a youth activist
known for documenting protests, was arrested. Protestors at the scene claimed that Brotherhood
members had captured Mashali and beaten him before handing him over to the police.86
Extralegal violence by police authorities in Egypt has become commonplace, with reports of
officers using excessive force against demonstrators and seeking vigilante justice for attacks on their
colleagues with no respect for the rule of law.87 In the first six months of President Morsis term,
there have been 11 documented cases of targeted abductions and instances of torture reported by
the Al-Nadeem Center for Rehabilitation of Victims and Violence.88 Rights groups have complained
that public prosecutors refuse to investigate these abductions and arbitrary detentions.89 Countless
activists have also been targeted and tortured by thugs affiliated to the Muslim Brotherhood or its
political arm, the Freedom and Justice Party (FJP).90 Reports indicate the Brotherhood has created
its own parallel security apparatuses to monitor online dissidents, target specific activists at
protests, and attempt to force confessions from individuals held captive in their hidden torture
chambers.91 Several key figures in the FJP stated that they hold recordings of opposition figures
and have records of online dissidents.
84
AhmedTolbaandMohamedAbdellah,EgyptjailsChristianstudenttothreeyearsinjailforinsultingIslam,Reuters,April4,
2012,http://blogs.reuters.com/faithworld/2012/04/04/egyptjailschristianstudenttothreeyearsinjailforinsultingislam/.
85
ElNadeem,2013,Egypt:HumanrightsdefenderMrHassanMustafasentencedtotwoyearsimprisonmentMarch14,2013
https://www.facebook.com/notes/elnadeem/egypthumanrightsdefendermrhassanmustafasentencedtotwoyears
imprisonmen/10151564974389365.
86
SaraAbouBakr,TargetingActivistsintheIkhawnistate,DailyNewsEgypt,March30,2013,
http://www.dailynewsegypt.com/2013/03/30/targetingactivistsintheikhawnistate/.
87
Statecrimesremainedunpunished:theInteriorMinistryisabovethelawandtheProsecutionismissinginaction,Egyptian
InitiativeforPersonalRights,January22,2013,http://eipr.org/en/report/2013/01/22/1602.
88
MaiShamsElDin,Violenceagainstactivistsbecomesmoresystematic,observerssay,EgyptIndependent,March11,2013,
http://www.egyptindependent.com/news/violenceagainstactivistsbecomesmoresystematicobserverssay.
89
MaiShamsElDin,NotoMilitaryTrialsslamsstatethuggery,August7,2012,http://www.egyptindependent.com/news/no
militarytrialsslamsstatethuggery.
90
MohamedElGarhi,AlMasryAlYoumgoesinsidetheBrotherhoodtorturechambers,December7,2012,
http://www.egyptindependent.com/news/almasryalyoumgoesinsidebrotherhoodstorturechambers.
91
YasserAbdelAzizMuslimBrotherhoodseekstoControlEgyptianMediahttp://www.al
monitor.com/pulse/iw/contents/articles/politics/2012/11/muslimbrotherhooddreamtv.html.
EGYPT

Gaber Salah, known as Jika, was shot dead by police during demonstrations on Mohamed
Mahmoud Street in November 2012.92 Salah, a 17-year-old online activist and member of the 6th of
April Movement,93 was the administrator of a Facebook group called, Together Against the
Brotherhood. Similarly, Mohamed Hussein Korani (Christie), the administrator of the Ikhwan
are liars page on Facebook, was assassinated in demonstrations in front of the Presidential palace in
February 2013.94 Several activists claimed that Christie was targeted by pro-government militias
who posted on their Facebook status that they will take revenge against liberals calling for a change
in the new government. Mohamed al-Gendy, an activist from the Popular Current movement that
also administered an anti-Brotherhood Facebook group, was killed on February 4th, 2013. It is
widely rumored that al-Gendy died in prison after being tortured by state authorities.95
In Mahalla, a city in the northern Gharbiya Governorate, Mohamed al-Masry reported that he was
kidnapped, beaten, and stabbed by six perpetrators in early March 2013 during an ordeal that lasted
one day. Al-Masry is the administrator of the Facebook page Generation of Change. Mohamed
Hassanein, the administrator of The official page of the union of revolutionary groups on
Facebook, was abducted and beaten by unidentified assailants that month as well. The body of
activist Sherif El Serafy was found dead on the Cairo Ismailia highway after being kidnapped on his
way to Tahrir square.96 El Serafy belonged to a youth group calling itself Black Bloc Egypt, which
was highly active online in criticizing the Muslim Brotherhood and staging protests.97 Eight
members were detained for 45 days in April 2013 for spreading terrorism and banned ideas
online, possessing firearms, using violence against public servants, and burning down Muslim
Brotherhood buildings.98 Human rights lawyers and researchers have claimed that these lowprofile activists were targeted by police as part of a wider campaign to intimidate youth activists
while avoiding high-profile news coverage.99
Numerous other activists and citizen journalists have been beaten or killed while participating in or
filming demonstrations. Photographer Mohamed Nabil suffered a broken leg for documenting a
protest outside the Muslim Brotherhood headquarters.100 A video of a veiled woman being slapped
to the ground during the protest went viral on YouTube and led to widespread news coverage.101
92
MiddleEastNewsAgencyMoreprotestorsinGikasfuneralhttp://www.almasryalyoum.com/node/1268581.
SaraAbouBakr,Jikapronounceddead,DailyNewsEgypt,November26,2012,
http://www.dailynewsegypt.com/2012/11/26/jikapronounceddead/.
94
HebaAbdelSattarTheassassinationofKristiisintentionalandauthoritiesarecoveringthereasons7February2013
http://gate.ahram.org.eg/News/305728.aspx.
95
PopularCurrentmemberdiesinhospitalafterbeingtortured,EgyptIndependent,February4,2013,
http://www.egyptindependent.com/news/popularcurrentmemberdieshospitalafterbeingtortured.
96
HYallaShareActivistSherifElSerafybodywasfounddeadYallaSharehttp://www.yallashare.com/politicals/20111130
120333/12091qq.html.
97
JaredMalsin,EgyptsBlackBlocanexclusiveinterview,Vice,February2013,http://www.vice.com/read/wemetsome
membersofegyptsblackbloc.
98
ZeinabElGuindy,MeettheBlackBloc:Egyptsmosttalkedaboutradicaloppositiongroup,AhramOnline,June13,2013,
http://english.ahram.org.eg/NewsContent/1/151/73889/Egypt/Features/MeettheBlackBlocEgyptsmosttalkedabout
radic.aspx.
99
MaiShamsElDin,Violenceagainstactivistsbecomesmoresystematic,observerssay,EgyptIndependent,March11,2013,
http://www.egyptindependent.com/news/violenceagainstactivistsbecomesmoresystematicobserverssay.
100
MohamadAdam,Brotherhoodheadquartersprovestobedangerousterritoryforprotestors,EgyptIndependent,March
21,2013,http://www.egyptindependent.com/news/brotherhoodheadquartersprovesbedangerousterritoryprotesters.
101
Aversionofthevideocanbefoundathttp://www.youtube.com/watch?v=xSRrPx5LA.
93
EGYPT

The woman, Mervat Moussa, is a member of former presidential candidate Hamdeen Sabbahis
Popular Current movement.102
Restrictions on anonymity and the use of encryption devices make it easier for these activists to be
monitored and singled out by the authorities. Under Article 64 of the 2003 Telecommunications
Law, the use of encryption devices is prohibited without the written consent of the NTRA, the
military, and national security authorities.103 In addition, cybercaf customers must provide their
names, e-mail addresses, and mobile numbers to receive a personal identification number (PIN) to
access the internet. Further, the Telecommunications Law allows the offices of the Presidency,
Security, Intelligence, and the Administrative Control Authority to obtain citizens online
information without prior consent for cases that concern national security. In 2013, disputes
between the military and the presidency, controlled by the Muslim Brotherhood, led to a
politicization of intelligence sharing.
In December 2013, high-level intelligence officials from Egypt and Iran reportedly met in Cairo to
discuss the development of new Egyptian surveillance and security capabilities similar to Irans
Islamic Revolutionary Guard Corps (IRGC).104 The meeting took place between Essam al-Haddad,
an advisor to President Morsi, and Qassem Soleimani, Commander of the IRGC Quds Force
responsible for external clandestine operations. Observers noted that Egypts Muslim Brotherhood
may have been looking to the IRGC as an example to follow; the IRGC was created in the wake of
the 1979 Islamic Revolution as a counterweight to the power of Irans traditional military, which
the late Supreme Leader Ruhollah Khomenei saw as a threat to his power.105 Similarly, the creation
of separate security and intelligence structures, independent from the Egyptian military and under
the direct control of the president, would be an important victory in the ongoing power struggle
between the military Egypts strongest institution and the Muslim Brotherhood.
Regarding cooperation between state security structures and the private sector, ISPs and mobile
operators are obliged to maintain a database of their customers and to allow the government to
access their databases. After the ending of a grace period issued by the MCIT, customers who do
not have their National ID numbers registered with their phone companies will have their phone
lines cut. The NTRA suggested that it would suspend additional phone numbers for mobile
operators who fail to abide by the new rules.106 In the past, details emerged that mobile operators
Vodafone, Mobinil, and Etisalat had to sign terms of agreement that bound them to cooperate with
government officials when requested to tap any conversation or monitor any discussion. In an
102
ActivistslappedoutsideBrotherhoodofficespeaksout,EgyptIndependent,March18,2013,
http://www.egyptindependent.com/news/activistslappedoutsidebrotherhoodofficespeaksout.
103
TelecommunicationRegulationLaw,LawNo.10of2003,February2003,ArabRepublicofEgypt.
104
HughTomlinson,IranianspychiefsvisittoCairowasmeanttosendamessagetoAmerica,TheTimes,January8,2013,
http://www.thetimes.co.uk/tto/news/world/middleeast/article3650461.ece.
105
GregBruno,JayshreeBajoria,JonathanMasters,IransRevolutionaryGuards,CouncilofForeignRelations,June14,2013,
http://www.cfr.org/iran/iransrevolutionaryguards/p14324.
106
Mobileoperatorsforcedtoregistercustomerdata,EgyptIndependentApril1,2010,
http://www.egyptindependent.com/news/mobileoperatorsforcedregistercustomerdata.
EGYPT

interview, Mobinil founder Naguib Sawiris stated that under the companys terms of agreement,
the government had the right to cancel any or all mobile services in the absence of cooperation.107
Documents also revealed that the Egyptian government signed agreements with Canadian, German,
British, and American software companies that allow close monitoring and hacking into activists
online information. For example, GAMMA and the Boeing/Narus Company supplied the Egyptian
government with software equipment to hack dissidents computers, e-mail, and social media
accounts.108 Egyptian security reportedly used software programs like FinFisher to hack computer
systems and perform real-time decryption of social media activities and VoIP communications.109
As an indication of the governments capabilities, news reports speculated that the authorities only
decided to unblock internet access during the revolution in order to make it easy to monitor
dissidents discussions and plans of action online.
Cyberattacks are a widespread concern in Egypt. Several independent outlets, including Youm7
and El Badil, as well as social media pages have accused the authorities of hacking into their sites
during times of political unrest, especially during the May-June 2012 presidential election and the
March 2013 demonstrations against President Morsi.110 Furthermore, in March 2013, a report
came out indicating that a Pakistani hacker attacked over 200 Egyptian websites, including the site
of a government agency and a university.111 The international hacktivist group Anonymous also
launched distributed denial-of-service (DDoS) attacks against 30 high-profile Egyptian government
websites in December 2012 in protest of the policies of President Morsi.112
107
StephanieBakerandMahmoodKassem,BillionaireFacingDeathThreatsSaysEgyptRisksBecomingIran,Bloomberg,
October26,2011,http://bloom.bg/rXPGQE.
108
EvgenyMorozov,PoliticalRepression2.0,September1,2011,http://www.nytimes.com/2011/09/02/opinion/political
repression20.html.
109
ParkerHiggins,ElusiveFinFisherSpywareIdentifiedandAnalyzed,ElectronicFrontierFoundation,July25,2012,
https://www.eff.org/deeplinks/2012/07/elusivefinfisherspywareidentifiedandanalyzed.
110
AhmedElGodyOnlineJournalism,CitizenParticipationandEngagementinOnlineJournalisminAfrica:Trends,Practicesand
EmergingCultures(RoutledgeAdvancesinInternationalizingMediaStudies).Eds.Mabweazara,Hayes,OkothMawindi,Jason
WhittakerLondon:Routledge
111
SabariSelvan,EgyptGovernment,Universityand180+othersiteshackedbyP@KhTuN,EHackingNews,March10,2013,
http://www.ehackingnews.com/2013/03/egyptgovernmentuniversitysiteshacked.html.
112
MohitKumar,AnonymoushitEgyptianGovernmentWebsitesas#OpEgypt,TheHackersNews,December9,2012,
http://www.ehackingnews.com/2013/03/egyptgovernmentuniversitysiteshacked.html.
EGYPT
ESTONIA
2012 2013

Total (0-100)
FREE FREE
2
3
5
10
1
3
5
9


Estonia continues to be one of the most wired countries in the world, with increasing
internet access and online participation among citizens (see OBSTACLES TO ACCESS).
The appeal of a 2008 court case involving content host liability for comments posted
online is still pending at the European Court of Human Rights (see LIMITS ON
CONTENT).
In 2012, the Ministry of Justice initiated the process of amending Estonias penal code
to comply with an EU directive related to the criminalization of hate speech, which
became the topic of significant public debate within Estonia (see VIOLATIONS OF USER
RIGHTS).
ESTONIA

INTRODUCTION
Estonia ranks among the most wired and technologically advanced countries in the world. With a
high internet penetration rate, widespread e-commerce, and e-government services embedded into
the daily lives of individuals and organizations, Estonia has become a model for free internet access
as a development engine for society. When the country regained independence in 1991 after nearly
50 years of Soviet rule, its infrastructure was in a disastrous condition. The countrys new
leadership, however, perceived the expansion of information and communication technologies
(ICTs) as a key to sustained economic growth and invested heavily in their development.
The first internet connections in the country were introduced in 1992 at academic facilities in
Tallinn and Tartu. The national telecommunication monopoly was privatized with the inclusion of
Finnish and Swedish telecommunication companies, and a fiber-optic backbone was built with
modern fixed and mobile communications services. The government subsequently worked with
private and academic entities to initiate a program in 1996 called Tiger Leap, which aimed to
establish computers and internet connections in all Estonian schools by 2000. This program helped
to build a general level of technological competence and awareness of ICTs among Estonians.
Today, with a high level of computer literacy and connectivity already established, the programs
focus has shifted from basic concerns such as access, quality, and cost of internet services to
discussions about security, anonymity, the protection of private information, and citizens rights on
the internet. Childrens safety on the internet is a high priority, and the special program Targalt
Internetis (Wiser Internet) is dedicated to country-wide training and awareness-building activities
on internet safety issues for parents and children. In addition, a majority of users conduct business
and e-government transactions over the internet: in 2013, 99.6 percent of banking transactions
were done with e-banking services and 95 percent of people declared their income electronically.1
Over the past two years, the issue of copyright protection on the internet became a widely debated
topic in Estonia, and various organizations that represent the interests of authors and other
copyright holders have come forward in an effort to remove copyright-protected content from
popular services such as YouTube. Moreover, the issue of legal liability of online forums for the
comments posted by anonymous users continues to be watched by free expression advocates, with
an important ruling by the European Court of Human Rights expected during 2013.
OBSTACLES TO ACCESS
The number of internet and mobile telephone users in Estonia has grown rapidly in the past 20
years. According to statistics from the International Telecommunication Union (ITU), internet
EstonianInformationSystemsAuthority,FactsabouteEstonia,accessedJune15,2013,https://www.ria.ee/factsaboute
estonia/.
ESTONIA

penetration in Estonia reached 79 percent in 2012 (approximately 994,000 people).2 There were
also over 2 million mobile phone subscriptions, translating into a mobile phone penetration rate of
155 percent.3 This figure is commonly attributed to the widespread use of mobile internet access
devices, the growing popularity of machine-to-machine (M2M) services, and the use of more than
one mobile phone by individual Estonians.
The first public Wi-Fi area was launched in 2001, and since then the country has developed a
system of mobile data networks that enable widespread wireless broadband access. In 2011, the
country had over 2,440 free, certified Wi-Fi areas meant for public use, including at cafes, hotels,
hospitals, schools, and gas stations, and the government has continued to invest in public Wi-Fi.4 In
addition, a countrywide wireless internet service based on CDMA technology has been deployed
and is priced to compete with fixed broadband access. Three mobile operators cover the country
with mobile 3G and 3.5G services, and as of May 2013, 4G services covered over 95 percent of
Estonian territory. Municipalities in rural areas have been subsidizing local wireless internet
deployment efforts, and the countrys regulatory framework presents low barriers to market entry,
enabling local startups to proliferate.
Estonians use a large variety of internet applications, including search engines (85 percent of users),
e-mail (83 percent of users), local online media, news portals, social-networking sites, instant
messaging, and Voice over Internet Protocol (VoIP) services.5 Estonian Public Broadcasting
delivers all radio channels and its own TV production services, including news in real time over the
internet; it also offers archives of its radio and television programs at no charge to users.
The Estonian Electronic Communications Act was passed in late 2004 and a number of
amendments have been added to help develop and promote a free market and fair competition in
electronic communications services.6 Today, there are over 200 operators offering such services,
including six mobile phone companies and numerous internet service providers (ISPs). ISPs and
other communications companies are required to register with the Estonian Technical Surveillance
Authority (ETSA), a branch of the Ministry of Economic Affairs and Communications, though there
is no registration fee.7
In 2009, the Estonian Internet Foundation was established to manage Estonias top level domain,
.ee.8 With its multi-stakeholder foundation, the organization represents the Estonian internet
2
subscriptions,fixed(wired)broadbandsubscriptions,2012,accessedJuly1,2013,http://www.itu.int/ITU
3
InternationalTelecommunicationUnion(ITU),Mobilecellularsubscriptions,2012,accessedJuly11,2013,
4
PublicWiFiHotspotdatabaseinEstonia,accessedJuly30,2013,http://kaardistajad.wifi.ee/avalik.php.
5
PillePruulmannVengerfeldt,MargitKeller,andKristinaReinsalu,1.1.4QualityofLifeandCivicInvolvementinInformation
Society,InformationSocietyYearbook2009(Tallinn:MinistryofEconomicAffairsandCommunications,2010),
http://www.riso.ee/en/pub/2009it/#p=114.
6
ElectronicCommunicationsAct,MinistryofEconomicAffairsandCommunications,accessedMarch26,2009,
http://www.mkm.ee/index.php?id=9576.
7
EstonianTechnicalSurveillanceAuthority(ETSA),CommencementofProvisionofCommunicationsService,accessed
February21,2013,http://www.tja.ee/index.php?id=11703.
8
EstonianInternetFoundation,accessedJuly30,2013,http://www.internet.ee/en/.
ESTONIA

community internationally and has succeeded in overseeing various internet governance issues such
as the domain name registration process. After initial concerns over the foundations domain
registration pricing policy9 and management capabilities,10 the foundations substantive work has
been stabilized in 2012-2013. In February 2012, the Estonian Internet Foundation was admitted to
the Council of European National Top Level Domain Registries (CENTR).
LIMITS ON CONTENT
Restrictions on internet content and communications in Estonia are among the lightest in the
world. YouTube, Facebook, Twitter, LinkedIn and many other international video-sharing and
social-networking sites are widely available and popular. Moreover, 32 percent of Estonians use the
internet for uploading and sharing original content such as photographs, music, and textthe
highest level of shared public communication in Europe.11 Nevertheless, due in part to Estonias
strong privacy laws, there are some instances of content removal. Most of these cases involve civil
court orders to remove inappropriate or off-topic reader comments from online news sites.
Comments are similarly removed from online discussion forums and other sites. Generally, users
are informed about a given websites privacy policy and rules for commenting, which they are
expected to follow. Most of the popular online services have established policies that outline a code
of conduct for the responsible and ethical use of their services and have enforcement policies in
place.
In 2008, a debate over self-censorship and pre-publication censorship took center stage when the
victim of unflattering and largely anonymous comments on a news story filed suit, claiming that
web portals must be held responsible for reader comments and screen them before they become
public.12 Website owners argued that they did not have the capacity to monitor and edit all
comments made on their sites. Nonetheless, the Estonian courts ruled in favor of the plaintiff,
making web portals responsible for all comments posted. The ruling is currently under appeal at
the European Court of Human Rights and a decision is expected later in 2013.
In January 2010, a new law on online gambling came into force, requiring all domestic and foreign
gambling sites to obtain a special license or face access restrictions. As of June 2012, the Estonian
Tax and Customs Board had placed 771 websites on its list of illegal online gambling sites, requiring
Estonian ISPs to block them.13 The list of blocked sites is transparent and is available to the public.
9
TheactivitiesoftheEstonianInternetFoundationarenotsubsidizedfromthestatebudget;theregistrationfeecovers
infrastructureinvestments,operatingcosts,andreservefunds.
10
MarekAndresKautsresignsasboardmember,EestiInternet,May23,2012,
http://www.internet.ee/news/?year=2012&month=5.
11
IndividualsUsingtheInternetforUploadingSelfCreatedContenttoAnyWebsitetoBeShared,Eurostat,accessedJune11,
2013,http://appsso.eurostat.ec.europa.eu.
12
KajaKoovit,BigBusinessmanGoestoWarAgainstWebPortals,BalticBusinessNews,March18,2008,
http://www.balticbusinessnews.com/?PublicationId=4869407850cc4fe1b3e46e10bc6a5ec1.
13
ThelistofrestrictedwebsitescanbefoundontheEstonianTaxandCustomsBoardwebsite:Ebaseadusliku
kaughasartmnguserveritedomeeninimed[Illegalgamingservers,domainnames],TaxandCustomsBoard,accessedJune10,
2013,http://www.emta.ee/public/Kontroll/Must_nimekiri_17.04.2013.pdf.
ESTONIA

In 2012, the removal of online content related to possible copyright infringement on YouTube and
other streaming services increased, resulting in the removal of over 80,000 videos. This process
was greatly facilitated by requests of copyright enforcement organizations representing Estonian
authors.14 Hundreds of videos have been removed from YouTube for copyright violations even
though some of the videos were posted by the authors themselves who were apparently not aware
of the activities of copyright enforcement organizations representing their rights.15 All of these
requests came from individuals or companies; the Estonian government has not issued any requests
for removal of content on any of Googles platforms, including YouTube, since at least 2010.16
There are over 70,000 active Estonian-language blogs on the internet, including an increasing
number of group, project, and corporate blogs. The vibrancy and activities of the blogosphere are
frequently covered by traditional media, particularly when blog discussions center on civic issues.
The fact that so many Estonians are both computer literate and connected to the internet has
created unique opportunities for the Estonian government. In addition to hosting virtual trade fairs
and an online embassy, the Estonian presidents office has its own Twitter and Facebook accounts,
and releases messages on its YouTube channel.17
Estonia has the largest functioning public-key infrastructure18 in Europe, based on the use of
electronic certificates maintained on the national identification (ID) card.19 More than 1.2 million
active ID cards are in use, which enable both electronic authentication and digital signing, and over
40 percent of active ID cards have been used for authentication and digital signature purposes.20
The Digital Signature Act, adopted in 2000,21 gives an individuals digital signature the same weight
as a handwritten one and requires public authorities to accept digitally-signed documents. Estonian
ID cards were used to facilitate electronic voting during the parliamentary elections in 2007 and
were used again in the 2009 municipal and European Parliament elections. During the 2011
national parliamentary elections, 140,846 votes were cast over the internet, representing over 20
percent of all votes. In 2013, 95 percent of citizens filed their taxes online, making the web services
offered by the tax department the most popular public e-service. Over 63 percent of internet users
regularly use e-government services, and 77 percent have indicated their satisfaction with such
services.22
14
Preliminaryreport,Project451,InstituteofDigitalRights,accessedJune17,2013,http://451.ee/en/preliminaryreport/.
AutoritehinglasebYouYubeistvideoedeemaldada,ERRNews,February2,2011,
http://uudised.err.ee/index.php?06223519.
16
GoogleTransparencyReport,EstoniaRemovalRequests,accessedJuly11,2013,
http://www.google.com/transparencyreport/removals/government/EE/
17
EstoniaLaunchesEmbassyinVirtualWorldSecondLife,SydneyMorningHerald,December5,2007,
http://www.smh.com.au/news/Technology/EstonialaunchesembassyinvirtualworldSecond
Life/2007/12/05/1196530704693.html;EstonianPresidentLaunchesYouTubeVideoBlog,TopNews.in,December9,2008,
http://www.topnews.in/estonianpresidentlaunchesyoutubevideoblog297028.
18
Apublickeyinfrastructure(PKI)isasystemforthecreation,storage,anddistributionofdigitalcertificates,whichareusedto
verifythataparticularpublickeybelongstoacertainentity.ThePKIcreatesdigitalcertificatesthatmappublickeystoentities,
securelystoresthesecertificatesinacentralrepository,andrevokesthemifneeded.
19
SeethewebportalfortheIDcardsystem,http://id.ee/?lang=en.
20
Ibid.,accessedJuly15,2013.
21
Digitaalallkirjaseadus[DigitalSignatureAct],RiigiTeataja,accessedMay21,2013,https://www.riigiteataja.ee/akt/694375.
22
KristinaRandver,Kodanikerahuloluriigipooltpakutavateavalikeeteenustega,Jaanuar2010[CitizensSatisfactionwiththe
ProvisionofPublicEServices,January2010](Tallinn:TNSEmor,2010),
http://www.riso.ee/et/files/kodanike_rahulolu_avalike_eteenustega_2010.pdf.
15
ESTONIA

Freedom of speech and freedom of expression are protected by Estonias constitution and by the
countrys obligations as an EU member state. Anonymity is unrestricted, and there have been
extensive public discussions on anonymity and the respectful use of the internet. Internet access at
public access points can be obtained without prior registration.
The Personal Data Protection Act (PDPA), first passed in 1996, restricts the collection and public
dissemination of an individuals personal data. No personal information that is considered
sensitivesuch as political opinions, religious or philosophical beliefs, ethnic or racial origin,
sexual behavior, health, or criminal convictionscan be processed without the consent of the
individual. The Data Protection Inspectorate (DPI) is the supervisory authority for the PDPA,
tasked with state supervision of the processing of personal data, management of databases and
access to public information.23 The current version of the PDPA came into force in 2008.24 In
2012, the Estonian DPI initiated 595 investigations on both public and private sector practices in
implementing PDPA, an increase of 24 percent from the previous year.25
Estonia is currently in the process of amending the Penal Code to comply with the European
Council Framework Decision 2008/913/JHA26 of 28 November 2008 on combating certain forms
and expressions of racism and xenophobia by means of criminal law in order to establish a
framework on hate speech criminalization in the country. In July 2012, the Ministry of Justice
initiated proceedings to amend sections 151 and 152 of the penal code, which would lead to a new
situation regarding hate speech-related legislation in Estonia.27 This process is still ongoing and has
become the topic of significant public debate within the country.
Estonia launched the Electronic Communications Act on January 1, 2005, aligning itself with EU
legislation and replacing the Telecommunications Act. Since January 2008, electronic
communications companies have been required to preserve traffic and location data for one year, as
defined by the EU Data Retention Directive (2006/24/EC). Companies have been required to
retain data on internet access, telephony, and e-mail since March 2009, and must only retain such
data that becomes known to them in the course of providing communications services. They must
also provide the surveillance agency or security authority with the information at their disposal only
when presented with a court order.28 According to the report of the Estonian Parliament Security
Authorities Surveillance Select Committee that oversees the practices of surveillance agencies and
23
ElectronicPrivacyInformationCenter(EPIC)andPrivacyInternational,RepublicofEstonia,inPrivacyandHumanRights
2006:AnInternationalSurveyofPrivacyLawsandDevelopments(Washington:EPIC,2007),
http://www.worldlii.org/int/journals/EPICPrivHR/2006/PHR2006Republic8.html.
24
EstonianDataProtectionInspectorate,Inspectorate,March14,2013,http://www.aki.ee/en/inspectorate.
25
DPIAnnualReportstoEstonianParliament,accessedJune15,2013,http://www.aki.ee/et/inspektsioon/aastaettekanded.
26
http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008F0913:en:NOT,accessedMay5,2013
27
OfficeoftheHighCommissionerforHumanRights,TenthandEleventhPeriodicReportontheimplementationofthe
InternationalConventionontheEliminationofallformsofRacialDiscriminationinEstonia,January2013,
http://www2.ohchr.org/English/bodies/cerd/docs/CERD.C.EST.1011.docx.
28
ElectronicCommunicationsAct,translationtoEnglish,http://www.legaltext.ee/text/en/X90001K2.htm.
ESTONIA

security agencies, there were over 7,400 cases of requests for information based on court orders in
2012, an increase of 9 percent from the previous year.29 The select committee has been established
to exercise supervision over the legality of surveillance and the activities of the Security Police.30
The committee monitors the conformity of the activities of the Security Police Board with the
constitution, the Surveillance Act, and other regulations on security agencies.
There have been no physical attacks against bloggers or online journalists in Estonia, though online
discussions are sometimes inflammatory. Following instances of online bullying, sexual harassment,
and the misuse of social media in 2009-2010, discussions and public awareness campaigns were
launched to involved parents in increasing the protection of children on the internet.31
Awareness of the importance of ICT security in both private and business use has increased
significantly since the cyberattacks that occurred in the spring of 2007. To protect the country from
future attacks, the government adopted a five-year Cyber Security Strategy in 2008 that focuses on
the development and implementation of new security measures, increasing competence in cyber
security, improving the legal framework, bolstering international cooperation, and raising public
awareness.32 Estonias cybersecurity strategy is built on strong private-public collaboration33 and a
unique voluntary structure through the National Cyber Defense League.34 With more than 150
experts participating, the league has simulated different security threat scenarios over the past few
years as defense exercises that have served to improve the technical resilience of Estonias
telecommunication networks and other critical infrastructure.
Also in 2008, the North Atlantic Treaty Organization (NATO) established a joint cyberdefense
center in Estonia to improve cyberdefense interoperability and provide security support for all
NATO members. Since its founding, the center has supported awareness campaigns and academic
research on the topic and hosted several high-profile conferences, among other activities.35 From
2009, the NATO Cooperative Cyber Defense Centre of Excellence has organized an annual
International Conference on Cyber Conflict, or CyCon, targeting international experts from
governments, the private sector, and academia. CyCon has focused on international cooperation
and the legal, regulatory, military, and paramilitary aspects of cybersecurity, with the goal of
ensuring the development of a free and secure internet.
29
OverviewofParliamentSelectCommitteactivities,
http://www.riigikogu.ee/public/Riigikogu/Dokumendid/julgeolekuasutuste_jarelevalve_erikomisjon_2012_.pdf.
30
SecurityAuthoritiesSurveillanceSelectCommittee,Riigikogu:TheParliamentofEstonia,April4,2011,
http://www.riigikogu.ee/index.php?id=42701&parent_id=34615.
31
Targaltinternetis[awarenessportal],accessedJune12,2013,http://www.targaltinternetis.ee.
32
CyberSecurityStrategyCommittee,CyberSecurityStrategy(Tallinn:MinistryofDefence,2008),
http://www.mod.gov.ee/files/kmin/img/files/Kuberjulgeoleku_strateegia_20082013_ENG.pdf.
33
Ibid.
34
EstonianDefenceLeaguesCyberUnit,Kaitseliit[DefenceLeague],http://www.kaitseliit.ee/en/cyberunit.
35
ConferenceonCyberConflict,CooperativeCyberDefenseCentreofExcellence(CCDCOE),accessedJuly15,2013,
http://www.ccdcoe.org/conference2010/.
ESTONIA
ETHIOPIA
2012
2013
NOT NOT
FREE FREE
22
22
27
28
29
Total (0-100)
75
79

Prior to the announcement of Prime Minister Meles Zenawis death in August 2012,
speculation over the state of his health led to an intensified crackdown against the
media and freedom of expression online (see INTRODUCTION).
The Ethiopian government increased its technological capacity to filter, block, and
monitor internet and mobile phone communications, with assistance from the Chinese
authorities (see LIMITS ON CONTENT).
The Telecom Fraud Offences Law, enacted in July 2012, toughened restrictions on
ICTs and extended the anti-terrorism law and criminal code to electronic
communications (see VIOLATIONS OF USER RIGHTS).
Two individuals were prosecuted for their ICT activities, while harsh sentences were
upheld for two imprisoned opposition journalists (see VIOLATIONS OF USER RIGHTS).
The commercial spyware toolkit FinFisher was discovered in Ethiopia in August 2012
(see VIOLATIONS OF USER RIGHTS).
ETHIOPIA

INTRODUCTION
Ethiopia has one of the lowest rates of internet and mobile telephone penetration in the world, as
meager infrastructure, a government monopoly over the telecom sector, and obstructive telecom
policies have notably hindered the growth of information and communication technologies (ICTs)
in the country. Despite low access, the government maintains a strict system of controls over
digital media, making Ethiopia the only country in Sub-Saharan Africa to implement nationwide
internet filtering. Such a system is made possible by the states monopoly over the countrys only
telecom company, Ethio Telecom, which returned to government control after a two-year
management contract with France Telecom expired in December 2012. In addition, the
governments implementation of deep-packet inspection technology for censorship was indicated
when the Tor network, which helps people communicate anonymously online, was blocked in mid2012.
Prime Minister Meles Zenawi, who ruled Ethiopia for over 20 years, died in August 2012 while
seeking treatment for an undisclosed illness. Before his death was officially confirmed on August
20th, widespread media speculation about Zenawis whereabouts and the state of his health
prompted the authorities to intensify its censorship of online content. A series of Muslim protests
against religious discrimination in July 2012 also sparked increased efforts to control ICTs, with
social media pages and news websites disseminating information about the demonstrations targeted
for blocking. Moreover, internet and text messaging speeds were reported to be extremely slow,
leading to unconfirmed suspicions that the authorities had deliberately obstructed telecom services
as part of a wider crackdown on the Ethiopian Muslim press for its coverage of the demonstrations.
In 2012, legal restrictions on the use and provision of ICTs increased with the enactment of the
Telecom Fraud Offences law in September,1 which toughened a ban on certain advanced internet
applications and worryingly extended the 2009 Anti-Terrorism Proclamation and 2004 Criminal
Code to electronic communications.2 Furthermore, the governments ability to monitor online
activity and intercept digital communications became more sophisticated with assistance from the
Chinese government, while the commercial spyware toolkit FinFisher was discovered in Ethiopia in
August 2012.
Repression against bloggers, internet users and mobile phone users continued during the coverage
period of this report, with at least two prosecutions reported. After a long trial and months of
international advocacy on behalf of the prominent dissident blogger, Eskinder Nega, who was
charged with supporting a terrorist group, Nega was found guilty in July 2012 and sentenced to 18
years in prison.3
1
AProclamationonTelecomFraudOffence,FederalNegaritGazetaNo.61,September4,2012,
http://www.abyssinialaw.com/uploads/761.pdf.
2
Article19,Ethiopia:ProclamationonTelecomFraudOffences,legalanalysis,August6,2012,
http://www.article19.org/resources.php/resource/3401/en/ethiopia:proclamationontelecomfraudoffences.
3
WilliamEasterlyetal.,TheCaseofEskinderNega,NewYorkReviewofBooks,January12,2012,
http://www.nybooks.com/articles/archives/2012/jan/12/caseeskindernega/?pagination=false;CommitteetoProtect
ETHIOPIA

OBSTACLES TO ACCESS
In 2012, access to ICTs in Ethiopia remained extremely limited and hampered by slow speeds and
the states tight grip on the telecom sector. Government investments in expanding access to remote
areas of the country were found to be associated with political motives.
Internet and mobile phone services were introduced in Ethiopia in 1997 and 1999, respectively.4 In
recent years, the government attempted to increase access through investments in fiber-optic
cables, satellite links, and mobile broadband services, investing approximately 10 percent of the
countrys gross domestic product in the telecom sector over the past decade.5
Nevertheless, Ethiopias telecommunications infrastructure is among the least developed in Africa
and is almost entirely absent from rural areas, where about 85 percent of the population resides. As
of the end of 2012, internet penetration stood at just 1.5 percent, up slightly from 1.1 percent in
2011, according to the International Telecommunications Union (ITU).6 Nevertheless, the number
of fixed broadband subscriptions increased dramatically from 4,600 subscriptions in 2011 to nearly
38,000 subscriptions in 2012, as reported by the Ministry of Communications and Information
Technology, though such subscriptions still only represent a penetration rate of just 0.4 percent.7
Mobile phone penetration in 2012 was higher at roughly 24 percent with a little over 20.5 million
subscriptions, up from a 17 percent penetration rate in 2011.8 Meanwhile, the use of internetenabled mobile devices is increasing, particularly in semi-urban areas.9 While all of the above
reflect very slight improvements over 2011, such penetration rates represent extremely limited
access to ICTs by global standards, and an ICT sector that remains far behind the rest of the
world.10 Furthermore, an adult literacy rate of 30 percent means that the majority of Ethiopians
would be unable to take full advantage of online resources even if they had access to the
Journalists,EthiopiaSentencesEskinder,5OthersonTerrorCharges,July13,2012,http://cpj.org/2012/07/ethiopia
sentenceseskindersixothersonterrorc.php.
4
Thefirstuseofinternetlikeelectroniccommunicationwasin1993,whentheUnitedNationsEconomicCommissionforAfrica
launchedthePanAfricanDocumentationandInformationServiceNetwork(PADISNET)project,establishingelectronic
communicationnodesinseveralcountries,includingEthiopia.PADISNETprovidedthefirststoreandforwardemailand
electronicbulletinboardservicesinEthiopia.Itwasusedbyafewhundredpeople,primarilyacademics,andstaffof
internationalagenciesornongovernmentalorganizations.
5
WorldBank,Chapter8:CorruptionintheTelecommunicationsSectorinEthiopia:APreliminaryOverview,inJanelle
Plummer(ed.),DiagnosingCorruptioninEthiopia,WorldBankPublications,2012,
http://issuu.com/world.bank.publications/docs/9780821395318.
6
7
8
9
MarkosLemma,DisconnectedEthiopianNetizens,DigitalDevelopmentDebates(blog),http://www.digitaldevelopment
debates.org/issues/09prejudice/africaninnovation/disconnectedethiopiannetizens/.
10
LishanAdam,EthiopiaICTSectorPerformanceReview2009/2010,ResearchICTAfrica,2010,
http://www.researchictafrica.net/publications/Policy_Paper_Series_Towards_Evidencebased_ICT_Policy_and_Regulation_
_Volume_2/Vol%202%20Paper%209%20%20Ethiopia%20ICT%20Sector%20Performance%20Review%202010.pdf.
ETHIOPIA

technology.11 Radio remains the principal mass medium through which most Ethiopians stay
informed.
The combined cost of purchasing a computer, initiating an internet connection, and usage charges
makes internet access beyond the reach of most Ethiopians. According to a study by the ITU,
Ethiopias broadband internet connections are among the most expensive in the world when
compared with monthly income, second only to the Central African Republic.12 Prices are set by
the state-controlled Ethio Telecom and kept artificially high, though the telecom introduced a new
tariff effective on January 1, 2013 that offers a discount for mobile- and fixed-line international
calls in a move to generate more revenue.13 Other price packages dating from 2011 are still
current.14 These reduced subscription charges from $80 to $13 and monthly fees from over $200
for unlimited usage to $17-41 for 1-4 GB of use. For comparison, the annual gross national income
per capita at purchasing power parity was $92.50 per month as of the data available during the
coverage period.15 While these tariffs have rendered the service slightly more affordablethough
still relatively expensivefor individual users, cybercafe owners have complained that the lack of
an unlimited usage option could hurt the financial viability of their business.16
The majority of internet users rely on cybercafes to access the web, and the number of cybercafes
has grown in recent years, especially in large cities, after a brief period in 200102 during which
the government declared them illegal and forced some to shut down. Since July 2002, new
cybercafes have been required to register for licenses through the Ethiopian Telecommunications
Agency (ETA). Nevertheless, connections are often slow and unreliable. A 2010 study
commissioned by Manchester Universitys School of Education found that accessing an online email account and opening one message took six minutes in a typical cybercaf in the capital, Addis
Ababa, with a broadband connection, and as of 2013, such slow speeds are still standard.17
Independent sources have noted that uploading an attachment to an e-mail can take more than 10
minutes. Meanwhile, internet access via mobile phones is also beset by slow connection speeds.
According to a 2012 report by the Internet Society, telecom policy issues and poor connectivity are
largely to blame for the countrys low internet speeds.18
11
UNICEF,Ethiopia:Statistics,accessedJuly16,2012,http://www.unicef.org/infobycountry/ethiopia_statistics.html#67.
JonathanFildes,UNRevealsGlobalDisparityinBroadbandAccess,BBCNews,September2,2010,
http://www.bbc.co.uk/news/technology11162656.
13
EthioTelecomReducesTariffforInternationalCalls,AddisFortuneviaAllAfrica,January7,2013,
http://allafrica.com/stories/201301081250.html.
14
ResidentialTariff,EthioTelecom,accessedJuly16,2012,http://www.ethiotelecom.et/products/residentialtariff.php.
15
WorldBank,GrossNationalIncomePerCapital2011,AtlasmethodandPPP,WorldBankDatabank,2011,accessedJuly18,
2012,http://data.worldbank.org/datacatalog/GNIpercapitaAtlasandPPPtable.
16
EliasGebreselassie,EthioTelecomLimitsEVDOInternetAccess,AddisFortune,April3,2011,
http://addisfortune.com/Vol_10_No_570_Archive/EthioTelecom%20Limits%20EVDO%20Internet%20Access.htm;Ethio
TelecomUnveilsWiderangingTariffChangesAcrossAllServices,TeleGeography,April5,2011,http://bit.ly/16PXRqz.
17
AndinetTeshome,InternetAccessintheCapitalofAfrica(SchoolofEducation,UniversityofManchester,2009);EthioTube
video,postedbyKebena,accessedAugust06,2010,http://www.ethiotube.net/video/9655/InternetAccessintheCapitalof
AfricaAddisAbaba.
18
DessalegnMequanint,UnderstandingtheFactorsthatForceDownEthiopiasRankingsintheDigitalEconomyandtheir
ImplicationsintheICTPolicyandStrategy,InternetSociety,2012,
http://www.internetsociety.org/sites/default/files/Final%20Report_UnderstandingTheFactorsEthiopiaDigitalRankings.pdf.
12
ETHIOPIA

While internet access is mostly concentrated in urban areas, the government has sought to increase
access for government offices and schools in rural areas via satellite links. WoredaNet (network of
district administrations), for instance, connects over 500 woredas (local districts) to regional and
central government offices, providing services such as video conferencing and internet access.
Similarly, SchoolNet connects over 500 high schools around the country to a gateway that provides
video- and audio-streamed educational programming.19 Internet speeds within these networks,
however, remain prohibitively slow and outages are common. Moreover, the two projects have
increased the ubiquity of the state as both a service provider and political entity across the country.
A 2012 study by the Open Society Foundation noted that the projects have been used to broadcast
political messages from the central government in Addis Ababa to teachers, students, and district
administrators in the remote parts of the country.20
Ethiopia is connected to the international internet via satellite, a fiber-optic cable that passes
through Sudan and connects to its international gateway, and another cable that connects through
Djibouti to an international undersea cable.21 In an effort to expand connectivity, the government
has reportedly installed several thousand kilometers of fiber-optic cable throughout the country in
recent years.22 There are also plans in place to connect Ethiopia to a global undersea cable network
through the East African Submarine Cable System (EASSy) project, which was completed and
launched in July 2010, but its effects on Ethiopia have yet to be seen as of mid-2013.23 Connection
to the international internet is centralized via Ethio Telecom, from which cybercafes must purchase
their bandwidth.
Ethiopias centralized backbone makes internet access highly vulnerable to widespread service
disruptions at the hands of the authorities. In July 2012, internet and mobile phone text messaging
speeds were reported to be extremely slow amid a series of weekly uprisings by Ethiopian Muslims
in protest against religious discrimination by the government.24 During this time, some individuals
complained that text messages took days, even weeks, to reach their recipients.25 Given the role
that social media tools and text messaging services played in organizing the demonstrations,26 many
blamed Ethio Telecom for deliberately obstructing service and considered the effort as part of a
wider crackdown on the Ethiopian Muslim press for its coverage of the demonstrations.27
19
SamuelKinde,InternetinEthiopia:IsEthiopiaOffLineorWiredtotheRim?MediaETHIOPIA,November2007,
http://www.mediaethiopia.com/Engineering/Internet_in_Ethiopia_November2007.htm.
20
IginioGagliardoneandNicoleStremlau,MappingDigitalMedia:DigitalMedia,ConflictandDiasporasintheHornofAfrica,
OpenSocietyFoundations,December2011,http://bit.ly/19iyGxZ.
21
HailuTeklehaimanot,UnravelingZTEsNetwork,AddisFortune,August22,2010,http://www.addisfortune.com/Interview
Unraveling%20ZTEs%20Network.htm.
22
Kinde,InternetinEthiopia.
23
BrianAdero,WIOCCEASSyCableReadyforBusiness,ITNewsAfrica,July23,2010,http://www.itnewsafrica.com/?p=8419.
24
EthiopiasMuslimsProtestAgainstBeingTreatedLikeTerrorists,France24,July25,2012,
http://observers.france24.com/content/20120725ethiopiamuslimsprotestlabeledterroristsaddisababamuslimcouncil
awoliyamosquealahbashanawar.
25
ETCsucks,Facebookgroup,accessedJune17,2013,https://www.facebook.com/groups/112900380991/.
26
Endalk,MuslimsTakeCampaignOnlineforReligiousIndependence,GlobalVoices,May12,2012,
http://globalvoicesonline.org/2012/05/12/ethiopiamuslimstakecampaignonlineforreligiousindependence/.
27
EthiopianAuthoritiesCrackDownonMuslimPress,CommitteetoProtectJournalists,August9,2012,
http://www.cpj.org/2012/08/ethiopianauthoritiescrackdownonmuslimpress.php.
ETHIOPIA

The internet was last cut-off in May 2011 in the lead up to planned demonstrations inspired by the
early-2011 anti-government protests in the Middle East,28 though it remains unclear whether the
cause was a deliberate government attempt to restrict communication at a sensitive time, a
technical problem, or sabotage of a fiber-optic cable. Separately, when high-profile international
events, such as African Union meetings, take place in Addis Ababa or other major cities, the
government has been known to redirect much of the countrys bandwidth to the host venues,
leaving ordinary users with even slower connections than usual.
The Ethiopian Telecommunications Agency (ETA) is the primary regulatory body overseeing the
telecommunications sector. Although it was established as an autonomous federal agency, in
practice, the ETA is tightly controlled by the government. In addition, the space for independent
initiatives, entrepreneurial or otherwise, is extremely limited.29 In 2011, the government began
granting permission to private companies that run internet-dependent operations to acquire and use
VSAT links,30 connections previously reserved for governmental and international organizations per
special authorization.31 Under the new directive, private companies are supposedly permitted to
use the technology for their own operations, but bureaucratic redtape significantly hinders the
service.32 Moreover, the directive does not allow companies to provide services to third parties,
enabling Ethio Telecom to maintain its monopoly on public internet access.
Despite repeated international pressure to liberalize telecommunications in Ethiopia, the
government has been reluctant to ease its grip on the sector.33 In early 2013, management of the
state-owned Ethio Telecom fell back into government hands after a two-year management
agreement with France Telecom expired in December 2012.34 In addition to this state monopoly,
increasing corruption in the telecommunications sector has been highlighted as a major reason for
poor and unrealizable telecom services in Ethiopia.35 According to a 2012 World Bank report, the
telecommunications sector in Ethiopia has the highest risk of corruption compared to other sectors
assessed, such as land, education, and construction, among others.36
28
SeeFreedomontheNet2012.Also,InternetisDownThroughoutEthiopiaUpdate,EthiopianReview,May26,2011,
http://www.ethiopianreview.com/content/33165.
29
AlShiferaw,ConnectingTelecentres:AnEthiopianPerspective,TelecentreMagazine,September2008,
http://bit.ly/16DdF6Z.
30
PrivateVSATPermitDirectiveNumber2/2003asnotedin:EthiopiatoLiberaliseVSATMarket,ScreenAfrica,November
16,2011,http://www.screenafrica.com/page/news/industry/1097820EthiopiatoliberaliseVSATmarket.
31
YelibenworkAyele,CompaniesinEthiopiaPermittedtoUseVSAT,2Merkato,October3,2011,
http://www.2merkato.com/20111003380/companiesinethiopiapermittedtousevsat.
32
JonEvans,TheUnconqueredNation,CrippledByBureaucrats,TechCrunch,May30,2011,
http://techcrunch.com/2011/05/30/unconquerednationcrippledethiopiainternet/.
33
USurgeEthiopiatoLiberaliseTelecomSector,AfricaNewsviaSomaliState,March10,2010,
http://www.somalistate.com/englishnewspage.php?articleid=4638;TechnologyStrategiesInternational,ICTInvestment
OpportunitiesinEthiopia2010,March1,2010,http://bit.ly/1bmsGvq.
34
FranceTelecomsManagementContractwithEthioTelecomEnds,Telecompaper,January4,2013,
http://www.telecompaper.com/news/francetelecomsmanagementcontractwithethiotelecomends917095;Meraf
Leykun,TheManagementContractwithFranceTelecomconcluded,2Merkato,January4,2013,
http://www.2merkato.com/themanagementcontractwithfrancetelecomconcluded.
35
GabriellaMulligan,EthiopianTelecomsSectorAmongstMostCorruptinCountry,Humanipo,January16,2013,
http://www.humanipo.com/news/3331/Ethiopiantelecomssectoramongstmostcorruptincountry.
36
JanellePlummer(ed.),DiagnosingCorruptioninEthiopia.
ETHIOPIA

China has emerged as a key investor and contractor in Ethiopias telecommunications sector,37 and
in October 2012, the government signed new two-year contracts with the Chinese telecom
companies, Zhongxing Telecommunication Corporation (ZTE) and Huawei.38 Given allegations
that the Chinese authorities have provided the Ethiopian government with technology that can be
used for political repressionsuch as surveillance cameras and satellite jamming equipmentin
the past,39 the new contracts have led to increasing fears that the Chinese may also be assisting the
authorities in developing more robust internet and mobile phone censorship and surveillance
capacities (see Violations of User Rights).
LIMITS ON CONTENT
Ethiopian authorities persistently deny engaging in online censorship,40 but the results of the most
recent independent tests conducted by the OpenNet Initiative (ONI) in 2012, and checked again by
Freedom House in January 2013, indicate otherwise. Both sets of tests found that the Ethiopian
government imposes nationwide, politically motivated internet filtering.41 The blocking of websites
is somewhat sporadic, tending to tighten ahead of sensitive political events. This on again, off again
dynamic continued throughout 2012, especially during the disappearance of Prime Minister Meles
Zenawi and the subsequent announcement of his death in June 2012. There were also indications
that the technical sophistication of the governments blocking has increased and that periods of
openness are shrinking.
The governments approach to internet filtering has generally entailed hindering access to a list of
specific internet protocol (IP) addresses or domain names at the level of the international gateway,
though it is believed that the government has been introducing more sophisticated equipment
capable of blocking a webpage based on a keyword in the URL path.42 In May 2012, the Tor
networkan online tool that enables users to browse anonymouslywas blocked,43 indicating
37
IsaacIdunArkhurstandJamesLaing,TheImpactoftheChinesePresenceinAfrica(London:africapractice,2007),
http://www.davidandassociates.co.uk/davidandblog/newwork/China_in_Africa_5.pdf.
38
ZTE,HuaweitoBeAwardedEthiopianTelecommunicationsContracts,Bloomberg,October12,2012,
http://www.bloomberg.com/news/20121011/ztehuaweitobeawardedethiopiantelecommunicationscontracts.html.
39
HilinaAlemu,INSAInstallingStreetSurveillanceCameras,AddisFortune,March21,2010,
http://www.addisfortune.com/Vol%2010%20No%20516%20Archive/INSA%20Installing%20Street%20Surrviellance%20Cameras
.htm;ChinaInvolvedinESATJamming,AddisNeger,June22,2010,http://addisnegeronline.com/2010/06/chinainvolvedin
esatjamming/.
40
Ethiopia:AuthoritiesUrgedtoUnblockWebsites,IntegratedRegionalInformationNetworks,May25,2006,
http://www.irinnews.org/report.aspx?reportid=59115.
41
IrenePoetranto,UpdateonInformationControlsinEthiopia,OpenNetInitiative,November1,2012,
http://opennet.net/blog/2012/11/updateinformationcontrolsethiopia.
42
DanielBerhane,EthiopiasWebFiltering:AdvancedTechnology,HypocriticalCriticisms,BleedingConstitution,Daniel
BerhanesBlog,January16,2011,http://danielberhane.wordpress.com/2011/01/16/ethiopiaswebfilteringadvanced
technologyhypocriticalcriticismsbleedingconstitution/.
43
EthiopiaIntroducesDeepPacketInspection,Tor,May31,2012,https://blog.torproject.org/blog/ethiopiaintroducesdeep
packetinspection.
ETHIOPIA

Ethio Telecom had deployed deep packet inspection to enable more sophisticated, selective
filtering of internet traffic.44
The most recent ONI tests conducted from September 17-19, 2012 found that filtering by Ethio
Telecom focuses primarily on independent online news media, political blogs, and Ethiopian
human rights groups websites.45 Of the 1,375 unique URLs tested, 73 were blocked, including the
online portals, Nazret and Cyber Ethiopia, and the websites of opposition movements such as the
Solidarity Committee for Ethiopian Political Prisoners. Numerous news websites and forums
reporting on the imprisonment of bloggers and journalists, such as EthioMedia, Addis Voice, Addis
Neger, and Ethiopian Review were also found blocked,46 in addition to the circumvention and
anonymization tools, Ultrasurf and Psiphon.
While ONI found the websites of international nongovernmental organizations such as Human
Rights Watch, Amnesty International, and Reporters Without Bordersall of which have
criticized the Ethiopian governments human rights recordunblocked during its September 2012
test, independent tests conducted by Freedom House throughout 2012 found that the websites of
Freedom House, Electronic Frontier Foundation, Human Rights Watch, and Amnesty International
were inaccessible at irregular intervals. Further, another test conducted by Freedom House in early
2013 found that 70 websites related to news and views, 16 websites belonging to different
Ethiopian political parties, 40 blogs, 7 audio-video websites, and 40 Facebook pages were not
accessible in Ethiopia.47 As of April 2013, the above-mentioned websites, as well as those of Ethsat
(an independent exile television station) and Dilethiopia (an opposition website), remained
inaccessible.
International news outlets became increasingly targeted for censorship in the past year. Al Arabiya
and both of Al Jazeeras Arabic and English websites were both blocked intermittently throughout
2012 and early 2013,48 while the Washington Post became a new target for blocking after the paper
reported on the prime ministers whereabouts in August 2012.49 The article remained blocked as of
April 2013. An online Forbes article titled, Requiem for a Reprobate Ethiopian Tyrant Should Not
Be Lionized, which was written in response to the local and global praise of the late prime
ministers debatable economic growth achievements, was also effectively blocked in August 2012
and remained so at the time of writing.50
In addition, the website of a Swedish state broadcaster was blocked in September 2012 for
reporting on the release of two Swedish journalists who had been imprisoned for their alleged
44
WarwickAshford,EthiopianGovernmentBlocksTorNetworkOnlineAnonymity,ComputerWeekly,June28,2012,
http://www.computerweekly.com/news/2240158237/EthiopiangovernmentblocksTorNetworkonlineanonymity.
45
IrenePoetranto,UpdateonInformationControlsinEthiopia,OpenNetInitiative,November1,2012,
http://opennet.net/blog/2012/11/updateinformationcontrolsethiopia.
46
Poetranto,UpdateonInformationControlsinEthiopia,.
47
IndependenttestconductedbyFreedomHouseconsultant,early2013.
48
EthiopiaBlocksAlJazeeraWebsites,AlJazeera,March18,2013,
http://www.aljazeera.com/news/africa/2013/03/201331793613725182.html.
49
MohammedAdemo,MediaRestrictionsTighteninEthiopia,ColumbiaJournalismReview,August13,2012,
http://www.cjr.org/behind_the_news/ethiopia_news_crackdown.php?page=all.
50
ResearchconductedbyFreedomHouseconsultant.
ETHIOPIA

support of the Ogaden National Liberation Front rebel group.51 Certain webpages were also
restricted in response to the series of weekly Muslims protests against religious discrimination by
the government in mid-2012, including the Facebook page and blog of protest organizers titled,
Dimtsachin Yisema (Let Our Voice Be Heard). Al Jazeeras main website was blocked after it
published a discussion forum about the continuing Muslim protests.52
In the past year, the authorities have become more sophisticated in their censorship techniques,
electing to block select webpages as opposed to entire websites. There are also worrying suspicions
that the authorities may have learned to block websites hosted on foreign servers. In April 2013,
one local human rights activist group confirmed that their website was blocked, despite being
hosted on both foreign and mirror servers.53 In addition, some restrictions are placed on mobile
phones, such as the requirement for a text message to obtain prior approval from Ethio Telecom if
it is to be sent to more than ten recipients.54 A bulk text message sent without prior approval is
automatically blocked.
Meanwhile, social media platforms such as Facebook, YouTube, and Twitter are available, though
worries have increased over potential government plans to block social media tools altogether.
These concerns were particularly pronounced following news about Prime Minister Meles
Zenawis health in July 2012, which provoked an intensified crackdown against the media.55 In
response to the public debate circulating online over the prime ministers whereabouts, the staterun Ethiopian television station aired a special program to censure the role of social media in
society, blaming it for spreading false rumors, being destructive to societys well-being, hampering
productivity, and undermining citizens rights.56 The social media curation tool Storify was also
blocked during this period.57
International blog-hosting platforms such as Blogspot have been frequently blocked since the
disputed parliamentary elections of 2005, during which the opposition used online communication
tools to organize and disseminate information that was critical of the ruling Ethiopian Peoples
Revolutionary Democratic Front .58 In 2007, the government instituted a blanket block on the
domain names of two popular blog-hosting websites, Blogspot and Nazret, though the authorities
have since become more sophisticated in their censorship techniques, now blocking select pages
such as the Zone9 independent blog hosted on Blogspot,59 as opposed to entire blogging platforms.
Nazret, however, remained completely blocked at the end of the coverage period. Circumvention
51
SwedishStateTelevisionWebsiteBlockedinEthiopia,EthiopianReview,September22,2012,
http://www.ethiopianreview.com/forum/viewtopic.php?t=42883&p=239162.
52
Ademo,MediaRestrictionsTighteninEthiopia..
53
InterviewconductedbyFreedomHouseconsultant.AllinterviewswereconductedinEthiopiawithsubjectswhorequested
anonymity.
54
Interviewwithindividualsworkinginthetelecomsector,aswellasatestconductedbyaFreedomHouseconsultantwho
founditwasnotpossibleforanordinaryusertosendoutabulktextmessage.
55
Ademo,MediaRestrictionsTighteninEthiopia.
56
57
58
BogdanPopa,GoogleBlockedinEthiopia,Softpedia,May3,2007,http://news.softpedia.com/news/GoogleBlockedIn
Ethiopia53799.shtml.
59
Zone9bloghostedat:http://zone9ethio.blogspot.com/.
ETHIOPIA

strategies have also been targeted, with the term proxy yielding no search results on Google,
according to an independent source. Some speculate that the search is being filtered through the
URL and instantly redirected to a fake Google website. Meanwhile, the terms sex or porn are
still searchable.
Procedures for determining which websites should be blocked and when are extremely opaque.
There are no published lists of blocked websites or publicly available criteria for how such decisions
are made, and users are met with an error message when trying to access a blocked website. This
lack of transparency is exacerbated by the governments continued denial of its censorship efforts,
though in September 2012, the director of the Information Network Security Agency (INSA),
Brigadier General Tekleberahan Weldearegay, was quoted in an interview for the governmentowned Amharic-language magazine, Zemen, underscoring the necessity of blocking online content
that is harmful to Ethiopian society.60 Meanwhile, the decision-making process does not appear to
be centrally controlled, as various governmental entitiesincluding INSA and Ethio Telecom
seem to be implementing their own lists, contributing to the phenomenon of inconsistent blocking.
In addition to increasing online censorship, politically objectionable content has been targeted for
removal, often by way of threats from security officials who personally seek out users and bloggers
to instruct them to take down certain content. The growing practice suggests that at least some
voices within Ethiopias small online community are being closely watched. In one notable
instance, a video of the late Meles Zenawi being heckled by an activist while in Washington D.C.
for a G8 meeting in early 2012 was taken down shortly after it was posted on online. Searching for
the video on YouTube and elsewhere has yielded no results except for other non-contentious
videos of Zenawi.
Lack of adequate funding represents another challenge for independent online media, as fear of
government pressure dissuades Ethiopian businesses from advertising with politically critical
websites. The authorities also use regime apologists, paid commentators, and pro-government
websites to proactively manipulate the online news and information landscape. Acrimonious
exchanges between commentators on apologist websites and a wide array of diaspora critics and
opposition forces have become common in online political debates. There was a noticeable increase
in the number of pro-government commentators in the past year, especially during the period of
speculation over Meles Zanawis disappearance.
Regime critics and opposition forces in the diaspora increasingly use the internet as a platform for
political debate and an indirect avenue for providing information to local newspapers. The domestic
Ethiopian blogosphere has been expanding, in spite of the blocks on blogging platforms since 2005,
though most of the blogging activity on Ethiopian issues still originates in the diaspora.
Furthermore, increased repression against journalists working in the traditional media and a
number of bloggers throughout 2012 has generated a chilling effect in the online sphere. Few
60
D.Tizazu,WhoseHiddenAgenda?[inAmharic],Zemen,2012.
ETHIOPIA

Ethiopian journalists work for both domestic print media and overseas online outlets as this could
draw repercussions, and many bloggers publish anonymously to avoid reprisals.61
Over the past two years, Facebook has become one of the most popular mediums through which
Ethiopians share and consume information, with the countrys Facebook penetration exceeding its
rate of internet penetration due to increasing access via mobile phones.62 Social media websites
have also become significant platforms for political deliberation and social justice campaigns. For
example, in November 2012 a group of young Ethiopian bloggers and activists based in Addis
Ababa launched a Facebook and Twitter campaign to demand that the government respect the
fundamental freedoms enshrined in the Ethiopian Constitution,63 though the campaign ultimately
fell on deaf ears. Overall, many civil society groups based in the country are wary of mobilizing
against the government, and calls for protest come mostly from the Ethiopian diaspora rather than
from local activists who fear the governments tendency toward violent crackdowns against protest
movements.

During the coverage period, the Ethiopian governments already limited space for online
expression continued to deteriorate alongside its poor treatment of journalists. In 2012, repression
against bloggers and ICT users increased, with several arrests and at least one prosecution reported.
The Telecom Fraud Offences law enacted in September 2012 toughened the ban on advanced
internet applications and established criminal liability for certain types of content communicated
electronically. Furthermore, monitoring of online activity and interception of digital
communications intensified, with the deployment of FinFisher surveillance technology against users
confirmed in early 2013.
Constitutional provisions guarantee freedom of expression and media freedom in Ethiopia.64
Nevertheless, in recent years the government has adopted problematic laws that restrict free
expression.65 For one, the 2008 Mass Media and Freedom of Information Proclamation includes a
clause that permits only Ethiopian nationals to establish mass media outlets. The media law also
prescribes crippling fines, licensing restrictions for establishing a media outlet, and powers allowing
the government to impound periodical publications.66
61
Lemma,DisconnectedEthiopianNetizens.
Lemma,DisconnectedEthiopianNetizens.
63
Endalk,MovementtoRespecttheConstitutioninEthiopia,GlobalVoices,November11,2012,
http://globalvoicesonline.org/2012/12/11/movementtorespecttheconstitutioninethiopia/.
64
ConstitutionoftheFederalDemocraticRepublicofEthiopia,Article29,ParliamentoftheFederalDemocraticRepublicof
Ethiopia,accessedAugust24,2010,http://www.ethiopar.net/.
65
HumanRightsWatch,AnalysisofEthiopiasDraftAntiTerrorismLaw(NewYork:HumanRightsWatch,2009),
http://www.hrw.org/en/news/2009/06/30/analysisethiopiasdraftantiterrorismlaw.
66
FreedomoftheMassMediaandAccesstoInformationProclamationNo.590/2008,FederalNegaritGazetaNo.64,
December4,2008.
62
ETHIOPIA

In 2012, specific legal restrictions on ICT use and provision were enacted with the passage of the
Telecom Fraud Offences law in September,67 which revised a 2002 law that had placed bans on
certain advanced communication applications, such as Voice over Internet Protocol (VoIP)
including Skype and Google Voicecall back services, and internet-based fax services.68 Under
the new law, the penalties under the preexisting ban were toughened, increasing the fine and
maximum prison sentence from five to eight years for offending service providers and penalizing
users with three months to two years in prison.69 The government first instituted the ban on VoIP
in 2002 after it gained popularity as a less expensive means of communication and began draining
revenue from the traditional telephone business belonging to the state-owned Ethio Telecom.70
Despite the restriction on paper, many cybercafs still offer the banned service with no reports of
repercussions to date.
The new law also added the requirement for all individuals to register their telecommunications
equipmentincluding smart phoneswith the government, which security officials enforce by
confiscating ICT equipment when a registration permit cannot be furnished at security checkpoints.
Most alarmingly, the Telecom Fraud Offences law extended the 2009 Anti-Terrorism
Proclamation and 2004 Criminal Code to electronic communications.71 Under the anti-terrorism
legislation, the publication of a statement that is understood as a direct or indirect encouragement
of terrorism, broadly defined, is punishable with up to 20 years in prison.72 Meanwhile, the
criminal code holds any author, originator or publisher criminally liable for content allegedly
linked to offenses such as treason, espionage, or incitement, which carries with it the penalty of up
to life imprisonment or death.73 The criminal code also penalizes the publication of a false rumor
with up to three years in prison.74
In July 2012, the criminal code was applied to digital communication under the Telecom Fraud
Offences law for the first time when Ethiopian Muslim Jemal Kedir was found guilty on charges of
spreading false rumors and fomenting hatred through text messages. Comprised of various
statements protesting against police mistreatment of the Muslim community, the text messages
were used as evidence against Kedir in court, leading to a one-year prison sentence.75
67
AProclamationonTelecomFraudOffence,FederalNegaritGazetaNo.61,September4,2012,
http://www.abyssinialaw.com/uploads/761.pdf.
68
EthiopianTelecommunicationAgency,TelecommunicationProclamationNo.281/2002,Article2(11)and2(12),July2,
2002,accessedJuly25,2012,http://www.eta.gov.et/Scan/Telecom%20Proc%20281_2002%20(amendment)%20NG.pdf.Asan
amendmenttoarticle24oftheProclamation,theSubArticle(3)specificallystates,Theuseorprovisionofvoice
communicationorfaxservicesthroughtheinternetareprohibited(page1782).
69
AProclamationonTelecomFraudOffence.
70
GroumAbate,InternetCafesStartRegisteringUsers,Capital,December25,2006,
http://www.capitalethiopia.com/index.php?option=com_content&view=article&id=259:internetcafesstartregisteringusers
&catid=12:localnews&Itemid=4.
71
Article19,Ethiopia:ProclamationonTelecomFraudOffences..
72
AntiTerrorismProclamationNo.652/2009,FederalNegaritGazetaNo.57,August28,2009.
73
InternationalLabourOrganization,TheCriminalCodeoftheFederalDemocraticRepublicofEthiopia,ProclamationNo.
414/2004,Article44,http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/70993/75092/F1429731028/ETH70993.pdf.
74
TheCriminalCodeoftheFederalDemocraticRepublicofEthiopia.
75
EthiopianManJailedforOneYearforIncitingPublicDisorderUsingTextMessages,Sodere,October1,2012,
http://sodere.com/profiles/blogs/ethiopianmanjailedforoneyearforincitingpublicdisorder.
ETHIOPIA

Also in July 2012, the well-known dissident blogger Eskinder Nega was found guilty under the
anti-terrorism law and sentenced to 18 years in prison for his alleged links to a terrorist group.76
Such trumped-up charges were based on an online column Nega had published that criticized the
governments use of the Anti-Terrorism Proclamation to silence political dissent and called for
greater political freedom in Ethiopia, which led to his arrest in September 2011.77 Nega appealed
the verdict at the Federal Supreme Court in early 2013,78 but his 18-year sentence was upheld on
May 2, 2013 amid global observance of World Press Freedom Day.79
In another incident in April 2013, a student at the Addis Ababa Universitys Information
Technology Department was arrested and charged with criminal defamation for his Facebook
activity. The 21-year-old, Manyazewal Eshetu, was detained from his home in Addis Ababa after he
had posted a comment on his Facebook page that criticized the rampant corruption of another
local university in Arba Minch town, where he was transported after his arrest. At the end of the
coverage period, he remained in prison and had not been prosecuted.80
Given the high degree of online repression in Ethiopia, some political commentators use proxy
servers and anonymizing tools to hide their identities when publishing online and to circumvent
filtering, though the ability to communicate anonymously has become more difficult in the past
year. As discussed above, the Tor Network anonymizing tool was blocked in May 2012, confirming
that the government has deployed deep-packet inspection technology, and Google searches of the
term proxy mysteriously yield no results (see Limits on Content).
Anonymity is further compromised by SIM card registration requirements, which involve the need
for consumers to provide their full names, addresses, and government-issued identification
numbers upon the purchase of a mobile phone. Internet subscribers are also required to register
their personal details, including their home address, with the government. In early 2013, an insider
leaked worrying details of potential government efforts to draft legislation that seeks to mandate
real-name registration for all internet use in Ethiopia.81
Government surveillance of online and mobile phone communications is a major concern in
Ethiopia, and evidence is emerging regarding the scale of such practices. Increasing Chinese
investment in Ethiopias telecommunications sector over the past few years has led to reports of the
government using Chinese technology to monitor phone lines and various types of online
76
Negaisalsothe2011recipientofthePEN/BarbaraGoldsmithFreedomtoWriteAward.SarahHoffman,ThatBravestand
MostAdmirableofWriters:PENSalutesEskinderNega,PENAmericanCenter(blog),April13,2012,
http://www.pen.org/blog/?p=11198.Seealso,MarkosLemma,Ethiopia:OnlineReactionstoPrisonSentenceforDissident
Blogger,GlobalVoices,July15,2012,http://globalvoicesonline.org/2012/07/15/ethiopiaonlinereactionstoprisonsentence
fordissidentblogger/.
77
Endalk,Ethiopia:FreedomofExpressioninJeopardy,GlobalVoices,February3,2012,
http://advocacy.globalvoicesonline.org/2012/02/03/ethiopiafreedomofexpressioninjeopardy/.
78
EthiopiaDelaysAppealofJailedBlogger,AfricaReview,December19,2012,http://www.africareview.com/News/Ethiopia
delaysappealofjailedblogger//979180/1647624//mm610r//index.html.
79
EskinderNegas18YearSentenceUpheld,PENAmericaBlog,May13,2013,http://worldvoices.pen.org/rapid
action/2013/05/14/eskindernegas18yearsentenceupheldfourotherjournalistsremain
80
StudentArrestedforFacebookPost,AddisJournal,April3,2013,http://arefe.wordpress.com/2013/04/03/student
arrestedforfacebookpost/.
81
InterviewconductedbyFreedomHouseconsultant..
ETHIOPIA

communication.82 Fears of direct assistance from China were affirmed in June 2012 when the
Ethiopian government openly held an Internet Management media workshop with support from
the Chinese Communist Party,83 and spearheaded by a professor from the Chinese Leadership
Academy.84 According to an official government press release, the main purpose of the workshop
was to learn about Chinas experience regarding mass media capacity building, mass media
institution management, and internet management.
In August 2012, Ethiopia was reported to be among a group of 10 countries that possesses the
commercial spyware toolkit FinFisher,85 a device that can secretly monitor computers by turning
on webcams, record everything a user types with a key logger, and intercept Skype calls. A leaked
document confirmed that the UK-based company, Gamma International, had provided Ethio
Telecom with the FinFisher surveillance toolkit at some point between April and July 2012.86 In
addition, research conducted by Citizen Lab in March 2013 worryingly found evidence of an Ethio
Telecom-initiated FinSpy campaign launched against users that employed pictures of the opposition
group, Ginbot 7, as bait.87 The Information Network Security Agency (INSA)which is involved
in surveillance as well as content blocking88has also reportedly tested tools that can enable its
officials to mask their identities to acquire personal information such as usernames and passwords,
according to internal sources working in the industry.89
In a series of trials of journalists and bloggers throughout 2012 and early 2013, government
prosecutors have presented e-mails and phone calls intercepted from journalists as evidence.90 For
example, on January 8, 2013 the Ethiopian Court of Cassation rejected an appeal for acquittal filed
by the award-winning journalist Reeyot Alemu, citing the e-mails she had received from opposition
discussion groups as justification.91 Reports and photos she had sent to the U.S.-based opposition
news site, Ethiopian Review, were also used against her. Alemu was imprisoned in June 2011 on a
slew of charges under the anti-terrorism law and sentenced to 14 years imprisonment in January
82
HelenEpstein,CruelEthiopia,NewYorkReviewofBooks,May13,2010,
http://www.nybooks.com/articles/archives/2010/may/13/cruelethiopia/.
83
EthiopianPeoplesRevolutionaryDemocraticFrontWorkshopConducted,,pressrelease,June3,2012,
http://www.eprdf.org.et/web/guest/news//asset_publisher/c0F7/content/3june2012262004.
84
PatrickRoanhouse,EthiopianGovernmentOutlawsVOIP,15yearPrisonSentencesPossible,Betanews,June15,2012,
http://betanews.com/2012/06/15/ethiopiangovernmentoutlawsvoip15yearprisonsentencespossible/.
85
FahmidaY.Rashid,FinFisherLawfulInterceptionSpywareFoundinTenCountries,IncludingtheU.S.,SecurityWeek,
August8,2012,http://www.securityweek.com/finfisherlawfulinterceptionspywarefoundtencountriesincludingus.
86
ThedocumentwasseenbyFreedomHouseconsultant.MorganMarquisBoireetal.,YouOnlyClickTwice:FinFishersGlobal
Proliferation,CitizenLab(UniversityofToronto),March13,2013,https://citizenlab.org/2013/03/youonlyclicktwice
finfishersglobalproliferation2/.
87
MarquisBoire,YouOnlyClickTwice..
88
MissionStatement,InformationNetworkSecurityAgencyofEthiopia,accessedJune2,2010,
http://www.insa.gov.et/INSA/faces/welcomeJSF.jsp.
89
InterviewwithindividualsworkinginthetechnologyandsecuritysectorinEthiopia,whorequestedtoremainanonymous,
January2012.
90
CommitteetoProtectJournalists,EthiopianBlogger,JournalistsConvictedofTerrorism,January19,2012,
http://cpj.org/2012/01/threejournalistsconvictedonterrorismchargesi.php.
91
CassationBenchRejectsReeyotsFinalPlea,WaltaInfo,January8,2012,
http://www.waltainfo.com/index.php?option=com_content&view=article&id=6944:cassationbenchrejectsreeyotsfinal
plea&catid=52:nationalnews&Itemid=291.
ETHIOPIA

2012. An appeal court reduced her sentence to five years in August 2012; however, because the
Court of Cassation is the last resort for legal appeals, no further recourse is available for acquittal.92
While the governments stronghold over the Ethiopian ICT sector enables it to proactively monitor
users, its access to user activity and information is less direct at cybercafes. For a period following
the 2005 elections, cybercafe owners were required to keep a register of their clients, but this has
not been enforced since mid-2010. Nevertheless, there are strong suspicions that cybercafes are
required to install software to monitor user activity, which arose after a few incidents were
reported of the authorities arresting users at internet cafes in 2011. The arrests were followed by
government warnings that visiting anti-peace websites using proxy servers is a crime.93
To date, cyberattacks and other forms of technical violence have not been a serious problem in
Ethiopia, partly due to the limited number of users, though the tide may be turning. In March
2013, the independent activist, Abrah Desta, reported via Twitter that his Facebook page was
disabled for an unknown reason, which some observers speculated was the result of criminal
hacking.94 Harassment and intimidation of bloggers and online journalists have also increased over
the past couple of years. For example, independent bloggers have reported instances of being
summoned by the authorities to receive warnings against discussing certain topics online.
Fortunately, there have been no instances of violence against users to date.
92
CommitteetoProtectJournalists,EthiopianJudgeRejectsReeyotAlemusFinalAppeal,January8,2013,
http://www.cpj.org/2013/01/ethiopianjudgerejectsreeyotalemusfinalappeal.php.
93
TPLFRegimeArrestingInternetCafUsersinAddisAbaba,EthiopianReview,August12,2011,
http://www.ethiopianreview.com/forum/viewtopic.php?f=2&t=30136.
94
AbrahaDesta,TwitterPost,March20,2013,12:34am,https://twitter.com/AbrahaDesta/status/314278873334419456.
ETHIOPIA
FRANCE
2012
2013
N/A
FREE

n/a
n/a
n/a
n/a
4
4
12
20
Total (0-100)


Takedown requests received by Google have more than doubled over the past year,
mainly over defamatory content (see LIMITS ON CONTENT).
Controversial clauses within the HADOPI, LOPPSI 2, and LCEN laws provoked the
ire of internet advocates in the country, mainly over fears of disproportionate
punishments for copyright violators, overreaching administrative censorship, and
threats to privacy (see LIMITS ON CONTENT and VIOLATIONS OF USER RIGHTS).
French intelligence agents attempted to coerce a volunteer Wikipedia editor into
deleting an entry on a French military installation, threatening him with arrest and
prosecution if he failed to comply (see VIOLATIONS OF USER RIGHTS).
FRANCE

This report covers events between May 1, 2012 and April 30, 2013. On May 13, 2013, the
government released a report on French cultural policy in the digital era drafted by the former media
executive Pierre Lescure. Most significantly, the report has led to the abolishment of internet
suspensions for users who are found guilty of violating copyright law.1 Additional proposals, including
the reduction of user fines from 1,500 to 60 ($2,000 to $80) and the transferring of many
competencies away from the High Authority for the Distribution of Works and the Protection of Rights
on the Internet (HADOPI), were approved by the Minister for Culture and Communications.2
In addition, in June 2013, French daily newspaper Le Monde released new information concerning the
existence of a secret surveillance program operated by the Directorate-General for External Security
(DGSE),3 a French intelligence agency.4 The DGSE program allegedly collects and stores metadata
related to e-mails, phone calls, text messages, and online activity on servers based in central Paris and
does not come under a legal framework, unlike the highly-regulated program of the Central
Directorate of Interior Intelligence (DCRI). Given that this surveillance has been operational during
the period covered by this report, Freedom House has decided to include it in this edition of Freedom on
the Net (see Violations of User Rights).
INTRODUCTION
France has a highly developed telecommunications infrastructure and a history of innovation in
information and communications technologies (ICTs).5 Starting in the 1970s, France began
developing Teletex and Videotex technologies, leading to the introduction of the widely popular
Videotex service Minitel in 1982, which was accessible through telephone lines. In many ways,
Minitel predicted applications of the modern internet, such as travel reservations, online retail,
mail, chat, and news. At its peak, Minitel had around nine million users, and hundreds of thousands
continued to use the service, even after the World Wide Web was introduced in 1994. It was not
until June 2012 that the Minitel service was discontinued, primarily due to the growth of the
internet industry.6 Frances current ICT market is open, highly competitive, and has benefitted
from the privatization of the state-owned company France Telecom.
Liberation,AurelieFilippettiannouncestheendoftheHadopisuspension,May20,2013,AccessedJuly05,2013,
http://www.liberation.fr/medias/2013/05/20/hadopiaureliefilippettidecretelafindelacoupure_904306.
2
GuerricPoncet,Vido.RapportLescure:laHadopiestmorte,vivelaHadopi![LescureReport:Hadopiisdead,longlive
Hadopi!],LePoint.fr,May15,2013,http://www.lepoint.fr/chroniqueursdupoint/guerricponcet/rapportlescurelhadopiest
mortevivelhadopi130520131666125_506.php.
3
DirectionGnraledelaScuritExtrieure,http://www.defense.gouv.fr/english/dgse.
4
FrancehasvastdatasurveillanceLeMondereport,BBCNews,July4,2013,http://www.bbc.co.uk/news/worldeurope
23178284.
5
JonathanGregson,Frenchinfrastructuretakessomebeating,WallStreetJournal,July5,2010,accessedApril23,2013,
http://online.wsj.com/ad/article/franceinfrastructure.
6
JohnLichfield,HowFrancefelloutoflovewithMinitel,TheIndependent,June9,2012,
http://www.independent.co.uk/news/world/europe/howfrancefelloutoflovewithminitel7831816.html.
FRANCE

While France has traditionally maintained a relatively open and accessible internet, several actions
on the part of successive administrations have raised concerns from internet freedom groups and
free speech activists. Hate speech, defamation, copyright, and privacy are highly contentious issues
relevant to French cyberspace. On several occasions over the past years, politicians have proposed
highly restrictive measures, such as the imprisonment of frequent visitors to extremist websites and
the mandatory registration of online news editors. Most recently, a government minister suggested
that the state could seek to prosecute Twitter for allowing the hate speech to be posted on the site.
A bill was also drafted that would ban the online sale of goods below market prices, thereby hurting
e-commerce in a bid to protect brick and mortar shops.7 At the European Union level, the AntiCounterfeiting Trade Agreement (ACTA) was rejected by members of the European Parliament in
July 2012 in a move that was celebrated by internet freedom groups. While no users were
sentenced to prison terms over the past year, French intelligence agents threatened a Wikipedia
volunteer to delete a post that allegedly raised national security concerns. Nonetheless, the French
government only blocks non-political content such as child pornography and hate speech, and a high
percentage of French citizens have taken up online tools to receive their news, engage in social
networking, and organize demonstrations.
In a positive development, the most controversial provision of the French anti-piracy law, referred
to as the HADOPI law after the agency tasked with its implementation, was abolished in July
2013 and replaced with a series of automatic fines for the offenders. The law had been criticized by
various civil society organizations and international bodies for its three strikes provision that
required internet service providers (ISPs) to disconnect users from the internet for a period of two
to twelve months when found to repeatedly engage in piracy. Nonetheless, doubts remain over the
governments policy to instigate legal proceedings against users for copyright infringement.
OBSTACLES TO ACCESS
Since 2009, the French government has been committed to providing widespread access to highspeed broadband and has promised to achieve universal coverage by 2025.8 As a part of this plan, in
February 2013 Alcatel-Lucent and Orange (France Telecom) announced the deployment of the
worlds most powerful broadband infrastructure, an optical-link, 400 Gbps line between Paris and
Lyon.9 France had an internet penetration rate of 83 percent at the end of 2012, up from 66
percent in 2007.10 Fixed broadband use has also increased during this time, from 25.5 percent to
37.8 percent.11 Regionally, internet use ranges from 84.4 percent in the Paris area to 65 percent in
7
GuillaumeChampeau,Sellcheaperonthewebsoontobeforbidden(translated),April052013,AccessedApril192013,
http://www.numerama.com/magazine/25593vendresesproduitsmoinschersurinternetbientotinterdit.html.
8
JonathanGregson,Frenchinfrastructuretakessomebeating,WallStreetJournal,July5,2010,accessedApril23,2013,
http://online.wsj.com/ad/article/franceinfrastructure.
9
BernhardWarner,AlcatelLucentUnveilsWorld'sMostPowerfulBroadbandInfrastructure,BusinessWeek,February15,
2013,accessedApril23,2013,http://www.businessweek.com/articles/20130215/alcatellucentunveilsworldsmost
powerfulbroadbandinfrastructure.
10
PercentageofIndividualsUsingtheInternet20002012,InternationalTelecommunicationUnion,accessedJune29,2013,
11
Fixed(wired)broadbandsubscriptions,20002012,InternationalTelecommunicationUnion,accessedJune29,2013,
FRANCE

the northwest of France.12 Most at-home users have access to broadband connections, while the
remaining households are connected either through dial-up or satellite services, usually due to their
rural locations.13 Nonetheless, some 9.5 million people did not use the internet in 2012, either due
to obstacles to access, or simply out of personal choice.14 As French statisticians do not record
information related to race, there is no government data relating to internet use according to
ethnicity.15 On a positive note, there is little or no gender gap when it comes to internet access.16
The average monthly cost of broadband internet access in France is approximately 33 ($45), for
both ADSL17 and fiber-optic connections.18 Considering the average monthly income is 2,410
($3,257),19 this makes internet access fairly affordable for a large percentage of the population.20
Companies such as Free Telecom also offer cheap internet access and mobile contracts through
combination deals.
There were 70.9 million mobile contracts in use in France as of March 2013, representing a
penetration rate of 108.2 percent.21 Over 23 million people use their mobile devices to access the
internet,22 mostly in addition to a household connection.23 The internet backbone consists of
several interconnected networks run by ISPs and shared through peering or transit agreements. As
such, there is no central internet backbone and internet service providers (ISPs) are not required to
lease bandwidth from a monopoly holder.
There are no significant hurdles to prevent diverse business entities from providing access to digital
technologies in France. The main ISPs are Orange, Free, SFR, Bouygues Telecom, and
Numericable, with around 40 smaller private and non-profit ISPs. Apart from Numericable, these
12
FrantzGrenier,InternetintheDifferentRegionsofFrance(translated),March21,2013,accessedApril192013,
http://www.journaldunet.com/ebusiness/lenet/nombredinternautesenfranceparregion.shtml.
13
Ariase,ADSLandBroadbandAccessinFrance(translated),accessedApril19,2013,http://www.ariase.com/fr/haut
debit/index.html.
14
NilSanyas,theunplugged(translated),September122012,AccessedApril142013,
http://www.pcinpact.com/news/73774lafrancecompte95millionsdeconnecteset17millionassument.htm.
15
PatrickSimon,TheChoiceofIgnorance:TheDebateonEthnicandRacialStatisticsinFrance,FrenchPolitics,Culture&
Society,Vol.26,No.1,Spring2008,accessedApril23,2013,
http://www.academia.edu/573214/The_choice_of_ignorance._The_debate_on_ethnic_and_racial_statistics_in_France.
16
France,NewMediaTrendWatch,accessedApril23,2013,http://www.newmediatrendwatch.com/marketsbycountry/10
europe/52france?start=1.
17
Ariase,Comparatifs(Comparatives),accessedApril23,2013,http://www.ariase.com/fr/comparatifs/adsl.html.
18
Ariase,Comparatifs(Comparatives),accessedApril23,2013,http://www.ariase.com/fr/comparatifs/fibreoptique.html.
19
LeParisien,Mediummonthlyincomereaches2410euros(translated),March132013,AccessedApril132013,
http://www.leparisien.fr/economie/votreargent/lesalairemoyenatteint2410eurosbrutsmensuels13032013
2637973.php.
20
Similarly,themedianmonthlysalaryis1,675.
21
ARCEP,MobilecontractsinFrancein2012,February7,2013,http://www.arcep.fr/index.php?id=35,accessedApril19,
2013.
22
Mediametrie,Interneteverywhere(translated),February272013,AccessedApril19,
http://www.mediametrie.fr/internet/communiques/lanneeinternet2012linternetsurtouslesecranstouslesreseauxau
pluspresdelinternaute.php?id=818#.UXvC8MV8NNE,andAlexandraBellamy,Frenchpeoplelovestheirsmartphonesand
tablets(translated),LesNumeriques.fr,December112012,AccessedApril192013,http://www.lesnumeriques.com/france
amoureusesmartphonestablettesn27347.html.
23
IpsosMediaCT,PCs,smartphones,tablets:cumulativeandcomplementaryuse(translated),September22,2011,accessed
April23,2013,http://www.ipsos.fr/ipsosmediact/actualites/20110922pcsmartphonestablettesusagessecumulentetse
completent.
FRANCE

ISPs are also the four main mobile phone operators and work in conjunction with some 40 mobile
virtual network operators (MVNOs). France Telecom is the formerly state-owned company that
has since been privatized and renamed Orange.24 The government still directly owns 13.5 percent
of shares in the company, with a further 13.5 percent owned by a sovereign wealth operated by the
state.25 Free is a newcomer in the mobile marketits 3G license was awarded by the French
regulatory authority in December 2009and has quickly picked up market share through an
aggressive price war.
The telecommunications industry in France is regulated by the Regulatory Authority for Electronic
and Postal Communication (ARCEP),26 while competition is regulated by Frances Competition
Authority and, more broadly, by the European Commission (EC).27 The commissioner of ARCEP
is appointed by the government, though as an EU member state, France must ensure the
independence of its national telecommunications regulator. Given that the French state is a
shareholder in Orange, the countrys leading telecommunications company, the EC stated that it
would closely monitor the situation in France to ensure that European regulations were being
met.28 The EC has previously stepped in when the independence of national telecommunications
regulators seemed under threat, notably in Romania, Latvia, Lithuania, and Slovenia.29 Despite
these warnings, ARCEP remains an independent and impartial body and decisions made by the
regulator are usually seen as fair.
ARCEP agreed with the opinion of the Competition Authority when asked by the French
government to consider the fairness of the terms governing mobile network sharing and national
data roaming. The regulator concluded that infrastructure-based competition is vital to ensuring a
healthy state of competition and strong capital investment and that these two issues are not
incompatible with this goal of a competitive marketplace.30 ARCEP also placed Free under
investigation after the ISP released a firmware update that included an ad-blocker function to
remove advertisements from appearing on websites.31 Executives at Free were reportedly
attempting to force Google to compensate the ISP for the high levels of data traffic coming from
YouTube and other Google sites, similar to an arrangement the American company had made with
24
FranceTelecombecomesOrange,Orange,July1,2013,http://www.orange.com/en/group/FranceTelecombecomes
Orange.
25
AccordingtoCofisem,asofJuly2013,themajorshareholdersinOrangewereFondsStratgiqued'Investissement(13.5%),
FrenchState(13.45%),Employees(4.81%),andcompanyownedshares(0.58%).67.66%areownedbyothershareholders.
OrangeEuropeanEquities,NYSEEuronext,accessedJuly29,2013,
https://europeanequities.nyx.com/en/products/equities/FR0000133308XPAR/companyinformation.
26
AutoritdeRgulationdesCommunicationslectroniquesetdesPoste,http://www.arcep.fr/index.php?id=1&L=1.
27
Autoritdelaconcurrence,http://www.autoritedelaconcurrence.fr/user/index.php.
28
ARCEPmustremainindependentvisavisgovernmentEC,Telecompaper,January14,2011,accessedApril16th2013,
http://www.telecompaper.com/news/arcepmustremainindependentvisavisgovernmentec778936.
29
ArjanGeveke,ImprovingImplementationbyNationalRegulatoryAuthorities,EuropeanInstituteofPublicAdministration,
2003,accessedApril24,2013,http://aei.pitt.edu/2592/1/scop_3_3.pdf.
30
ARCEPreviewstheCompetitionAuthoritysbalancedopiniononthetermsgoverningmobilenetworksharingandroaming,
ARCEP,March11,2013,accessedApril16th2013,
http://www.arcep.fr/index.php?id=8571&L=1&tx_gsactualite_pi1%5Buid%5D=1592&tx_gsactualite_pi1%5Bannee%5D=&tx_gs
actualite_pi1%5Btheme%5D=&tx_gsactualite_pi1%5Bmotscle%5D=&tx_gsactualite_pi1%5BbackID%5D=26&cHash=b419a25d8
87293a12673299e88aaa3d4.
31
CyrusFarivar,FrancessecondlargestISPdeploysadblockingviafirmwareupdate,ArsTechnica,January3,2013,
http://arstechnica.com/business/2013/01/francessecondlargestispdeploysadblockingviafirmwareupdate/.
FRANCE

leading ISP Orange. Free backed down under government pressure and criticism that the ISP was
harming net neutrality by failing to deliver content to users without any obstructions.32
LIMITS ON CONTENT
Although France has a strong record of an open and accessible internet, over the past two years the
country has come under criticism from online activists and free speech advocates. Article R645-1 of
the French criminal code outlaws the display of the emblems, uniforms, or badges of criminal
organizations, under penalty of a fine.33 Websites that contravene this law have been requested to
remove the content or face blocking.34 Furthermore, child pornography and other illegal websites
are blocked.35 More controversially, French authorities have stepped up efforts to block or remove
online content that is found to violate copyright protections or infringe on privacy. The most
ardent defenders of free speech have been loath to see any sort of administrative filtering in France,
fearing that laws such as LCEN, LOPPSI 2, and the HADOPI law may eventually lead to a spillover
whereby controversial yet legal sites are censored by administrative agencies and without a court
order.36 (For more on these laws, please see the following section, Violations on User Rights)
French law recognizes the right to be forgotten (le droit loubli), which has its roots in
rehabilitated criminals who did not wish to see their past cases publicized, having already paid their
debt to society through jail time. The issue has recently been taken up by Viviane Reding,
European Commissioner for Justice, Fundamental Rights, and Citizenship, in relation to an
individuals right to request that their personal data be completely deleted from social networks or
other websites, including from any hosting servers. The EU proposals have come under criticism as
impossible to enforce,37 or worse, threatening to free speech.38 However, the EC has clarified that
deletion requests would not pertain to matters of public interest, thereby calming some concerns
over possible censorship of the press.39 In France, individuals can already request that defamatory
content related to them can be removed through a court order in line with Article 29 of the 1881
32
ChipondaChimbelu,FrenchISPrevivesdebateonfreeInternet,DW,January9,2013,http://www.dw.de/frenchisp
revivesdebateonfreeinternet/a16508222.
33
ElissaA.Okoniewski,Yahoo!,Inc.v.Licra:TheFrenchChallengetoFreeExpressionontheInternet,2002,accessedApril24,
2013,http://www.auilr.org/pdf/18/1816.pdf
34
RogerDarlington,ShouldtheInternetbeRegulated?nopublicationdate,accessedApril17,2013,
http://www.rogerdarlington.me.uk/regulation.html
35
FrenchLawLoppsi2AdoptedbytheGeneralAssembly,DigitalCivilRightsinEurope,January12,2011,accessedApril25,
2013,http://www.edri.org/edrigram/number9.1/loppsi2adoptedassembly
36
OlivierDumons,AfterDADVSIandHADOPI,LOPPSI2ToBeReleased(translated),May182009,AccessedApril182013,
http://www.lemonde.fr/technologies/article/2009/05/18/apresladadvsiethadopibientotlaloppsi2_1187141_651865.html,
andLaQuadratureduNet,AdministrativeNetCensorshipadoptedinFrance(translated),December152010,AccessedApril
182013,http://www.laquadrature.net/fr/loppsicensureadministrativedunetadopteelespedophilessonttranquilles.
37
MikeMasnick,EUReport:TheRightToBeForgottenIsTechnicallyImpossibleSoLetsDoItAnyway,TechDirt,December
6,2012,accessedJune19,2013,http://www.techdirt.com/articles/20121205/08425221239/eureportrighttobeforgottenis
technicallyimpossiblesoletsdoitanyway.shtml.
38
JeffreyRosen,TheRighttobeForgotten,StanfordLawReview,February132012,
http://www.stanfordlawreview.org/online/privacyparadox/righttobeforgotten.
39
MichaelVenables,TheEUsRightToBeForgotten:WhatDataProtectionsAreWeMissingintheUS?Forbes,March8,
2013,accessedJune19,2013,http://www.forbes.com/sites/michaelvenables/2013/03/08/theecsrighttobeforgotten
proposalintheus/.
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Law on Press Infractionsrelated to insult, defamation, or denigrationand the 2004 Law for
Trust in the Digital Economy (LCEN), which holds hosting providers liable if they fail to cooperate
with a court decision.40 The passage of LCEN was met with criticism from many in France,
including members of parliament (MPs) from the Socialist Party. The MPs submitted a brief to the
Constitutional Court to review several clauses of LCEN that failed to define e-mail as private
correspondence (and thus subject to greater surveillance), privatized justice through
administrative notices and extralegal take down procedures, and set a longer statute of limitations
for online content versus traditional media. The grounds under which authorities could restrict
access to communications were also criticized as overly broad and open to abuse.41
Intermediaries are coming under increasing pressure to cooperate with French authorities against
defamation, copyright, and hate speech. In 2011, a draft executive order to implement Article 18
of LCEN suggested new means by which various government agencies could force content owners
to remove content or instruct ISPs to block webpages. The proposal sought to outline the
procedures for blocking or removing online content in case of violation, or where there is a
serious risk of violation, of the maintenance of public order, the protection of minors, the
protection of public health, the preservation of interests of the national defense, or the protection
of physical persons.42 However, the order came under fire from internet freedom activists and the
e-commerce community who pointed out that intermediaries could face an unfair responsibility to
police content.43 There were also fears that, under the proposals vague wording, the law would be
applicable to most websites rather than only those engaged in e-commerce, as originally intended.44
This would have opened up the possibility that any website could be blocked arbitrarily and without
due process under the proposals emergency clause. The draft law was eventually rejected at the
end of June 2013.45
French authorities are highly active in pursuing the removal of content online. As an indication,
Googles Transparency Report noted that the total number of content removal requests it received
from the French government from January to June 2012 increased by 128 percent, compared to
the previous six month period. Google also removed 992 search results which allegedly violated the
privacy of an individual, though it did not remove a blog post about a former politician that
allegedly defame[d] him by explaining his connections with the pharmaceutical lobby.46 In the
40
LoipourlaConfiancedanslconomieNumrique
FrenchECommerceLawTestedinConstitutionalCourt,DigitalCivilRightsinEurope(EDRI),June2,2004,
http://www.edri.org/edrigram/number2.11/len.
42
SimonColumbus,FrenchGovernmentPlanstoExtendInternetCensorship,OpenNet,June2011,
https://opennet.net/blog/2011/06/frenchgovernmentplansextendinternetcensorship
43
FrenchNationalDigitalCouncil,ReviewoftheLCENDecree(translated),June172011,AccessedApril122013,
http://static.pcinpact.com/media/20110617_aviscnn_decretart18lcen_vf.pdf
44
AndraFradin,Administrativefiltering(translated),Owni.fr,June162011,AccessedApril172013,
http://owni.fr/2011/06/16/filtragepardecret/
45
OlivierRobillart,Article18finallyrejectedbyFrenchAssembly(translated),June28,2013,
http://pro.clubic.com/legislationloiinternet/actualite568770lcenblocageadministratif.html.
46
France,GoogleTransparencyReport,accessedApril25,2013,
http://www.google.com/transparencyreport/removals/government/FR/?p=201206.
41
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following six month period ending December 2012, takedown requests from court orders and
executive bodies remained high, with the vast majority of cases related to defamation.47
In January 2013, the French Minister for Womans Rights and a government spokesperson, Najat
Vallaud-Belkacem, called for Twitter to take greater responsibility in preventing the posting of hate
speech on the site.48 However, the proposal was criticized as a danger to free speech, potentially
allowing the government to classify unfavorable opinions under the vague term of hate speech.49
The move would also place an unfair burden on intermediaries, forcing them to use their discretion
to prescreen content that could be deemed as offensive.50 When it comes to the curtailing of illegal
content, ISPs and mobile telephone companies who provide internet access currently have no
obligation to preemptively review any of the content they transmit or store. Nevertheless,
according to LCEN, they must take prompt action to withdraw the relevant content when
informed of unlawful information or activity, or face the possibility of civil liability. Similarly,
cyber cafes and other public places which provide internet access have no responsibility to review
the content which can be viewed by their customers but are liable in cases of illegal activities; as a
result, cybercafes must log the activities of their customers (see Violations of User Rights).
French authorities are fairly transparent about what websites are blocked and why content must be
taken down. Incitement of hatred, racism, Holocaust denial, child pornography, copyright
infringement, and defamation are illegal. Requests to block or remove content can emanate from
individuals, copyright holders, or government bodies. These requests must be reviewed by a court,
which then instructs ISPs, content holders, or other intermediaries to implement its decision.
Traditionally, the French state has been criticized as being a Web 1.0 government.51 More
recently, public figures and politicians have opened up social media accounts and blogs to establish a
web presence.52 Presidential candidates have taken to the web to promote their campaigns, though
with mixed results. For example, while all candidates in the 2007 elections created virtual
campaign headquarters on the online community known as Second Life, the headquarters of the
far-right candidate Jean-Marie Le Pen was attacked and destroyed when dissenters launched pig
grenades at the virtual building.53
47
France,GoogleTransparencyReport,accessedJuly29,2013,
http://www.google.com/transparencyreport/removals/government/FR/?p=201212.
48
NajatVallaudBelkacem,TwittermustrespectthevaluesoftheRepublic(translated),LeMonde,December282012,
accessedJune202013,http://www.lemonde.fr/idees/article/2012/12/28/twitterdoitrespecterlesvaleursdela
republique_1811161_3232.html.
49
GlennGreenwald,France'scensorshipdemandstoTwitteraremoredangerousthan'hatespeech',TheGuardian,January
2,2013,accessedApril24,2013,http://www.guardian.co.uk/commentisfree/2013/jan/02/freespeechtwitterfrance.
50
MikeMasnick,FrenchPoliticianWantsTwitterToHelpCensorSpeech,Techdirt,January042013,accessedJune202013,
http://www.techdirt.com/articles/20130103/03195521559/frenchpoliticianswantstwittertohelpcensorspeech.shtml.
51
YaronGamburg,Web2.0isa'faitaccompli'inFrance.ButwhatabouttheFrenchversionofGov2.0?GovLoopblog,July23
2011,accessedApril23,2013,http://www.govloop.com/profiles/blogs/web20isafaitaccompliin.
52
RodolpheBaron,Twitterchangespoliticalmarketing,owni.fr,March29,2012,accessedJuly04,2013,
http://owni.fr/2012/03/29/twitterchangelemarketingpolitique/.
53
MollyMoore,FrenchPoliticsin3DonFantasyWebSite,March302007,AccessedApril162013,
http://www.washingtonpost.com/wpdyn/content/article/2007/03/29/AR2007032902540.html.
FRANCE

France is home to a highly diverse online media environment. In recent years, several French
protests have been organized online, including demonstrations against cuts in governmentsupported programs such as education or changes to labor laws proposed in 2006.54 More recently,
from January to April 2013, online campaigns such as those organized by the controversial figure
Frigide Barjot and others were able to mobilize large groups of demonstrators using social media
networks in an effort to oppose legislation surrounding same-sex marriages.55 Protests have
continued, even after the legislation proposed by the government of Franois Hollande was passed
in April 2013.56
French digital rights and online freedom advocacy groups are very active and play a significant role
in the country. For example, the group La Quadrature du Net successfully lobbied the European
Parliament for an amendment to the EU Telecoms Package to ensure that no restrictions on
internet access could be imposed without prior judicial approval.57 After the European Parliament
rejected ACTA in July 2012, the group also published a proposal for a new regulatory framework
on reforming copyright issues.58

The European Convention on Human Rights, of which France is a signatory, provides for freedom
of expression, subject to certain restrictions which are necessary in a democratic society.59
Frances constitution guarantees freedom of speech60 in accordance with the 1789 Declaration of
the Rights of Man.61 However, the French government has also enacted several laws which, while
seeking to protect the rights of internet users and copyright holders, also threaten the rights of
citizens online. For example, in 2012, then-President Nicolas Sarkozy announced his intention to
54
LeMonde,CPEprotestsinFrance(translation),March282006,accessedApril162013,
http://www.lemonde.fr/societe/infographie/2006/03/28/lesmanifestationsanticpedu28marsen
france_755523_3224.html,andFlickr,February2006,AccessedApril162013,
http://www.flickr.com/groups/71873699@N00/pool/.
55
AndrewCusack,FranceMarchesforMarriage,January13,2013,accessedApril172013,
http://www.andrewcusack.com/2013/01/13/lemanifpourtous/,andStphaneKovacs,ProtestsOverGayMarriageand
Guerilla(translated),LeFigaro,April172013,AccessedApril192013,http://www.lefigaro.fr/actualite
france/2013/04/16/0101620130416ARTFIG00433manifpourtousdanslescoulissesdelaguerilla.php.
56
LauraSmithSpark,Frenchlawmakersapprovesamesexmarriagebill,CNN,April24,2013,
http://www.cnn.com/2013/04/23/world/europe/francesamesexvote.
57
DannyO'Brien,BloggingACTAacrosstheglobe:theviewfromFrance,ElectronicFrontierFoundation,January2010,
accessedApril25,2013,https://www.eff.org/deeplinks/2010/01/actaandfrance.
58
PhilippeAigrain,Elementsforthereformofcopyrightandrelatedculturalpolicies,AccessedJuly04,2013,
http://www.laquadrature.net/files/Elements_for_the_reform_of_copyright_and_related_cultural_policies.pdf.
59
EuropeanConventiononHumanRights,accessedApril25,2013,http://www.echr.coe.int/NR/rdonlyres/D5CC24A7DC13
4318B4575C9014916D7A/0/Convention_ENG.pdf.
60
GuyCarcassonne,"ThePrinciplesoftheFrenchConstitution,"writtenfortheFrenchEmbassyintheU.K.,May2002,accessed
April26,2013,http://www.unc.edu/depts/europe/francophone/principles_en.pdf.
61
Thefreecommunicationofideasandopinionsisoneofthemostpreciousoftherightsofman.Everycitizenmay,
accordingly,speak,write,andprintwithfreedom,butshallberesponsibleforsuchabusesofthisfreedomasshallbedefined
bylaw,DeclarationoftheRightsofMan,1789,accessedApril26,2013,
http://avalon.law.yale.edu/18th_century/rightsof.asp.
FRANCE

create criminal penalties for habitually visiting websites that advocate terrorism or hate crimes.62
The proposal raised many concerns and, while it was not pursued,63 laws such as LOPSSI 2, LCEN,
and the HADOPI have been highlighted by online activists and internet companies over concerns
that they may overreach in their aims. In mid-2013, reports surfaced that French intelligence
agencies may possess secret surveillance capabilities beyond the scope that is currently permitted in
French law. In a separate case, intelligence agents were also found to have intimidated a Wikipedia
volunteer with no legal basis, threatening to detain him if he did not delete a dated entry that
allegedly raised national security concerns.
In a bid to promote the distribution and protection of creative works on the internet, the
government introduced the controversial HADOPI laws in 2009.64 However, the HADOPI laws
three-strikes rule, which banned users access to the internet for a certain period of time after they
have violated copyright laws three times, was largely denounced as a violation of the fundamental
right of freedom of access to information on the internet.65 The three-strikes rule was altered in
May 2013 to reduce the level of fines and abolish the cutting of internet service. In the past, the
website of HADOPI was targeted with distributed denial of service (DDoS) attacks by hacktivists.66
Independent government agencies, such as the National Commission for Informatics and Liberties
(CNIL),67 also criticized elements of the HADOPI law and highlighted the risks it represents for
freedom of speech and privacy.68 Private companies, like the ISP Free, refused to send out
copyright infringement notices to users, citing the extra costs that it would entail.69
Punishments under the HADOPI law were outlined as a graduated response in three steps. At
first, users downloading illegal content received a warning e-mail or a notice of infringement, of
which 1.15 million have been sent in the past three years. If illegal activity persisted, a letter was
then sent to the user and his or her ISP, which has occurred some 10,000 times. Finally, the case
was then submitted to the Public Prosecutor, which could result in a fine of up to 1,500 ($2,000)
and denial of internet access. Fourteen such cases have been launched, with only two resulting in a
criminal prosecution. In one case from September 2012, the accused was forced to pay a fine of
150 ($200) for allowing his Wi-Fi connection to be used to download songs without obtaining
prior permission from the copyright owners.70 In the other case, from June 2013, the defendant
62
JeanLoupRichet,InternetCensorshipinFrance:shouldwecriminalizeviewers?,Herdict,April24,2012,AccessedApril25,
2013,http://www.herdict.org/blog/2012/04/24/internetcensorshipinfranceshouldwecriminalizeviewers/.
63
NationalDigitalConcil,LettertoPresidentSarkozy,March23,2012,AccessedApril25,2013,
http://www.cnnumerique.fr/wpcontent/uploads/2012/03/20120323_LettreCNNPRmesureterrorisme_VF.pdf.
64
HauteAutoritpourladiffusiondesuvresetlaprotectiondesdroitssurinternet
65
FrankLaRue,UNReport,May162011,AccessedApril172013,http://documents.latimes.com/unreportinternetrights/.
66
EduardKovacs,HacktivistsDDOSHadopiandOthersinAntiACTAProtest,February06,2012,AccessedJuly05,2013,
http://news.softpedia.com/news/HacktivistsDDOSHadopiandOthersinAntiACTAProtest250987.shtml.
67
CommissionNationaledel'InformatiqueetdesLiberts
68
AlexTurk,TheInternetPolicyinFranceandtheRoleoftheIndependentAdministrativeAuthorityCNIL,2011,accessed
April17,2013,http://www.kas.de/wf/doc/kas_22806544230.pdf?110516131251.
69
DrewWilson,FrenchISPsandFrenchGovernmentLockingHornsOverHADOPICosts,September2,2010,AccessedJuly05,
2013,http://www.zeropaid.com/news/90536/frenchispsandfrenchgovernmentlockinghornsoverhadopicosts/.
70
RaineyReitman,FrenchAntiPiracyLawClaimsFirstVictim,ConvictedofFailingtoSecureHisInternetConnection,
ElectronicFrontierFoundation,September2012,accessedApril23,2013,https://www.eff.org/deeplinks/2012/09/frenchanti
piracylawclaimsfirstvictimconvictedfailingsecurehisinternet.
FRANCE

was made to pay 600 ($800) and the court ordered the suspension of his internet connection for
15 days.71
However, there were doubts as to whether the termination of service can technically be applied by
the ISP, since the law maintains that any cut in internet access must not affect the individuals access
to private communications services, such as e-mail or even private messages on social networks.72
Indeed, questions remain surrounding the fate of HADOPI itself, particularly since the publication
of the governments Lescure report in May 2013. The former media executive recommended the
transfer of many competencies from HADOPI to the Supreme Audiovisual Council (CSA),73 the
reduction of fines from 1,500 to 60 ($2,000 to $80), and the abolishment of internet
suspensions.74 Many of these proposals seem to be underway, particularly after signals from the
French Minister for Culture and Communications, Aurlie Filippetti, indicated that suspensions
would be halted immediately.75
The Law on Guidelines and Programming for the Performance of Internal Security (LOPPSI 2),76
first presented in May 2009 amid intense debate,77 was adopted in March 2011 by the National
Assembly and the Senate. LOPSSI 2 relates primarily to cybersecurity and the fight against child
pornography. There were concerns from online activists, however, that if administrative agencies
were allowed to demand ISPs to filter content without first acting on a court order, this may open
the door for the administrative filtering of other, more legitimate sites without the need for judicial
approval.78 In July 2012, Fleur Pellerin, Minister for the Digital Economy, announced that Article
4 relating to the administrative filtering of child pornography would not be implemented without a
court order.79 Article 23 grants the police with the authority to install malwaresuch as
keyloggers and Trojan horseson a suspects computer in the course of counterterrorism
investigations, though authorization must come from a court order.80
71
LaTribune,firstinternetdenialforHadopi(translated),June13,2013,AccessedJuly04,2013,
http://www.latribune.fr/technosmedias/internet/20130613trib000770121/hadopilapremiereetsurementladerniere
coupureinternetaeteprononcee.html.
72
MarcRees,Hadopisuspensionisimpossibletoimplement(translated),June5,2013,AccessedJuly05,2013,
http://www.pcinpact.com/news/80261lespetiteshypocrisiesdaureliefilippettisurhadopi.htm.
73
Couseilsuperiordelaudiovisuel,http://www.csa.fr/.
74
GuerricPoncet,Vido.RapportLescure:laHadopiestmorte,vivelaHadopi![LescureReport:Hadopiisdead,longlive
Hadopi!],LePoint.fr,May15,2013,http://www.lepoint.fr/chroniqueursdupoint/guerricponcet/rapportlescurelhadopiest
mortevivelhadopi130520131666125_506.php.
75
Liberation,AurelieFilippettiannouncestheendoftheHadopisuspension,May20,2013,AccessedJuly05,2013,
http://www.liberation.fr/medias/2013/05/20/hadopiaureliefilippettidecretelafindelacoupure_904306.
76
Loid'orientationetdeprogrammationpourlaperformancedelascuritintrieure
77
CorentinChauvel,thedebateonLOPPSI2(translated),20Minutes.fr,January72011,AccessedApril172013,
http://www.20minutes.fr/societe/649278societeloppsi2retourpointscontestes.
78
LOPPSIlawproject,AccessedJuly04,2013,
http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000023707312&fastPos=1&fastReqId=1447818568&categori
eLien=id&oldAction=rechTextel.
79
Numerama,LOPPSIArticle4decreefinallyabandoned,July25,2012,AccessedJuly05,2013,
http://www.numerama.com/magazine/23260loppsiledecretsurleblocagedessitessansjugeestabandonne.html.
80
EmilienErcolani,LOPPSI:Whocouldinstallspywares?(translated),Linformaticien,November72011,AccessedApril17
2013,http://www.linformaticien.com/actualites/id/22101/loppsiquipourrainstallerlesmouchardsinformatiqueslaliste
publieeaujo.aspx.
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The French government does not place hefty restrictions on anonymous communication for online
users, although individuals are required to register their real names when purchasing new SIM cards
or using cybercafs. In 2010, a law was briefly floated to require anyone who edits a nonprofessional communication service online" to register their name, location, and phone number as
part of a push to apply existing press regulations on to the blogosphere.81 However, numerous
online advocates condemned the proposal in an online petition and the law was never enacted.
In June 2013, French daily newspaper Le Monde revealed the alleged existence of an extralegal
surveillance program operated by the Directorate-General for External Security (DGSE),82 a
French foreign intelligence agency.83 The DGSE maintains the capacity to intercept
communications between France and external countries in a plan that was ostensibly designed for
counter-terrorism purposes. In early July, additional reports surfaced from Le Monde indicating that
metadata from telephone and computer activityeven within Francewas systematically
collected and stored at the DGSE facility in central Paris.84 This runs counter to existing French
law, which only allows for counterterrorism agents within the Central Directorate of Interior
Intelligence (DCRI)85 to make a request to obtain metadata related to a users telephone and
internet activities.86 These limited requests must also be reviewed by the National Commission of
Control for Security Interceptions (CNCIS), an independent administrative authority.87 In the case
of the DGSE program, by contrast, seven different government agencies have access to this large
body of user data without any legal basis or judicial oversight. Furthermore, the mandates and
scope of operations of some of these agencies are also not strictly limited to counterterrorism.88 As
of August 2013, more details had yet to come out surrounding the allegations.
As previously mentioned, the LCEN maintains that ISPs and hosting providers must retain data on
their users and customers for a period of one year.89 Furthermore, under a decree issued in 2011,
81
DraftProposalfacilitatetheidentificationofbloggers(translated),Senat.fr,May3,2010,AccessedApril192013,
http://www.senat.fr/leg/ppl09423.html,XavierTernisien,LeMonde,CouldweOutlawAnonymousBloggers?,May272010,
AccessedApril192013,http://www.lemonde.fr/technologies/article/2010/05/27/unblogueurdoitilrester
anonyme_1363856_651865.html
82
DirectionGnraledelaScuritExtrieure,http://www.defense.gouv.fr/english/dgse.
83
FrancehasvastdatasurveillanceLeMondereport,BBCNews,July4,2013,http://www.bbc.co.uk/news/worldeurope
23178284.
84
EdwardMoyer,Eyeonsurveillance:FrancesPRISM,EUsconcerns,CNET,July4,2013,http://news.cnet.com/8301
13578_35759237238/eyeonsurveillancefrancesprismeusconcerns/.
85
Directioncentraledurenseignementintrieur,http://www.policenationale.interieur.gouv.fr/Organisation/Direction
CentraleduRenseignementInterieur
86
LaurentBorredonandJacquesFollorou,EnFrance,laDGSEauCoeurdunprogrammedesurveillancedInternet[InFrance,
theDGSEattheheartofaprogramforinternetsurveillance],LeMonde.fr,June11,2013,
http://www.lemonde.fr/international/article/2013/06/11/enfranceladgseestaucurdunvasteprogrammede
surveillancedinternet_3427837_3210.html.
87
Commissionnationaledecontrledesinterceptionsdescurit.http://lannuaire.service
public.fr/services_nationaux/autoriteadministrativeindependante_172128.html.
88
CommentlaFranceinterceptelescommunications[HowFranceinterceptscommunications],LeMonde.fr,July4,2013,
http://www.lemonde.fr/societe/infographie/2013/07/04/commentladgsecollecteetstockelensembledes
communicationselectromagnetiques_3441931_3224.html.
89
AnneLaureHlnedesYlouses,Applicationofarticle6IIoftheLCEN,JurisIntitiative,March2011,AccessedApril17
2013,http://www.jurisinitiative.net/en/legalareas/telecom/decreerelatingtoretentionandcommunicationofdata.html,
andGuillaumeChampeau,LCENwillretaindataonuser,Numerama,March01,2011,
FRANCE

data retention responsibilities were extended in duration and scope in order to bring France in line
with the EU Data Retention Directive. Under the decree, a wide array of online companies,
websites, and e-commerce outlets must, for a period of two years, store user data such as log-in
credentials, phone numbers, data on financial transactions, and web browsing history. An
association of online companies representing the likes of eBay, Facebook, Google, Microsoft,
Wikipedia, and Yahoo challenged the decision and called for a court review, since under EU law,
any new measures related to data retention must be reviewed by the European Commission.90 As of
mid-2013, the decree remains in place.
The EU Data Detention Directive itself has been criticized by European rights groups, such as the
European Data Protection Supervisor (EDPS). In a non-binding opinion to the Commission, the
EDPS concluded that the directive has failed to meet its main purpose, namely, to harmonize
national legislation concerning data retention and does not meet the requirements set out by the
rights to privacy and data protection.91
While these laws outline under what legal conditions authorities can block a site or fine a user,
there were also reports that the government has used more opaque methods to practice censorship.
On April 4, 2013, French secret service agents working in the DCRI reportedly threatened a
French Wikipedia volunteer, calling upon him to delete an article on a sensitive military installation
or face being detained and prosecuted.92 Representatives from Wikipedia France criticized the
incident and called for French authorities to present them with a legal takedown notice. The entry,
which relates to a military radio relay station in the region outside of Lyon, has existed since 2009
and remains online.
As is the case with many countries around the world, Frances government agencies, websites, and
private companies are occasionally subject to cyberattacks and hacking. In January 2013, the French
Ministry of Defenses website was hacked and defaced, while information from its database was
leaked by a member of the hacker group XL3gi0n Hackers, supposedly to demonstrate to France
that they need to improve their cyber-security measures and to protest against the recent French
attack on Mali.93 In May 2012, after the second round of the presidential election, a piece of
malware known as Flame was discovered on the computers of the presidential staff.94 While a
French news magazine suggested the US government could be to blame, the US Embassy in Paris
http://www.numerama.com/magazine/18191lalcenaenfinsondecretsurlesdonneesaconserverparleshebergeurs.html,
accessedApril19,2013.
90
MatthewJ.Schwartz,TechGiantsChallengeFrenchDataRetentionLaw,InformationWeek,April8,2011,
http://www.informationweek.com/security/privacy/techgiantschallengefrenchdataretent/229401245.
91
OpinionoftheEuropeanDataProtectionSupervisorontheEvaluationreportfromtheCommissiontotheCouncilandthe
EuropeanParliamentontheDataRetentionDirective(Directive2006/24/EC),EuropeanDataProtectionSupervisor,2011,
accessedApril18,2013,https://www.eff.org/sites/default/files/filenode/dataretention/1105
30_Evaluation_Report_DRD_EN.pdf.
92
KimWillsher,FrenchsecretserviceaccusedofcensorshipoverWikipediapage,TheGuardian,April7,2013,accessedApril
24,2013,http://www.guardian.co.uk/world/2013/apr/07/frenchsecretservicewikipediapage.
93
SabariSelvan,FrenchMinistryofDefensehackedanddatabaseleakedbyXtnR3v0LT,EHackingNews,January16,2013,
accessedApril18,2013,http://www.ehackingnews.com/2013/01/franceministryofdefensehacked.html.
94
BBCNewsEurope,US'launchedFlamecyberattackonSarkozy'soffice',November21,2012,accessedApril18,2013,
http://www.bbc.co.uk/news/worldeurope20429704.
FRANCE

has vehemently denied any part in the attack.95 Overall, technical violence does not appear to be a
serious problem in France. The delicate balance between freedom of speech and protection of
information has come to the forefront in the digital age. While France has thus far maintained an
openness appreciated by its 48 million internet users, policies will be put to the test as the dark
sides of digital capabilities surface.
95
SbastianSeibt,FrancevictimofacyberattackfromtheUS?(translated),November212012,AccessedApril132013,
http://www.france24.com/fr/20121121cyberattaqueelyseeexpressflamevirussarkozyetatsunispiratagehacking
revelation.
FRANCE
GEORGIA
2012

Total (0-100)
2013
FREE FREE
9
10
11
30
8
7
11
26


While internet connections remained somewhat slow and were subject to temporary
outages in certain areas, there were no major nation-wide disruptions to internet access
as there had been in previous years (see OBSTACLES TO ACCESS).
Incidents of self-censorship and blocking or manipulation of political content online
decreased (see LIMITS ON CONTENT).
In the months leading up to the 2012 parliamentary elections, civil society groups
created an online crowdsourcing portal to monitor any voting violations or campaignrelated incidents (see LIMITS ON CONTENT).
GEORGIA

INTRODUCTION
Internet access and use continues to grow rapidly in Georgia, particularly as interest in connecting
with friends through social-networking sites has increased in recent years. State bodies and several
key politicians have also increased their use of the internet and modern social media tools to share
information with citizens and attract attention from the potential electorate.1 Many government
agencies are publicizing information on the web, including the Ministry of Justice, which publishes
all laws, bills, and decrees of the government on its website.2
The internet was first introduced in Georgia at the end of 1990s, and after a boom in new services
such as broadband at the beginning of 2004, connections became available for almost everyone with
a telephone line in Tbilisi. Internet subscriptions have also proliferated in other large cities. Online
news media are still developing slowly, while a growing number of newspapers are launching
websites, and major newspapers and news agencies are sharing content through applications such as
Facebook, Twitter, and YouTube. Meanwhile, many journalists working in the traditional media
sphere are looking for ways to advance their knowledge of internet technology and web tools.
In 20122013, there were fewer restrictions on online content in Georgia than there had been in
previous years. There are no indications of censorship or content being blocked by the Georgian
authorities or internet service providers (ISPs), and there are no recent cases of activists or
reporters being questioned or arrested for their online activities.3
Despite a moderate internet penetration rate, in 2012, social media tools and Web 2.0 applications
were used alongside traditional media outlets to document and respond to significant political and
social events. In the months leading up to the parliamentary elections in October 2012, in which
the Georgian Dream coalition defeated the ruling United National Movement, the U.S.-based
National Democratic Institute partnered with Georgian NGOs to produce an online Elections
Portal where citizens could report incidents relating to the election and the preceding campaigns.
Additionally, in September 2012, videos revealing prisoner abuse that were shown on television
channels were also shared online via YouTube, while images and information about the subsequent
protests were shared via Twitter.4
OBSTACLES TO ACCESS
The number of internet and mobile telephone users in Georgia is growing, but high prices for
services and inadequate infrastructure remain obstacles, particularly for those in rural areas or with
1
ThewebsiteofthePresidentofGeorgiafeatureslinkstoallofthenamedsocialmediasites:http://president.gov.ge/.
MinistryofJustice,http://matsne.gov.ge.
3
TransparencyInternationalGeorgia,TheStateoftheInternet:WhoControlsGeorgiasTelecommunicationsSector?
February2013,http://j.mp/16hJu3p.
4
OnnikKrikorian,Georgia:BroomRevolutionasElectionsApproach,GlobalVoices,September23,2012,
http://globalvoicesonline.org/2012/09/23/georgiabroomrevolutionasparliamentaryelectionsapproach/.
2
GEORGIA

low incomes. According to statistical data collected by the International Telecommunication Union
(ITU), 46 percent of the population had access to the internet in 2012, up from 37 percent in
2011;5 a survey by the Caucasus Research Resource Centers (CRRC) confirmed that 46 percent of
the population accessed the internet on a daily basis.6 Only four percent of Georgians are unfamiliar
with the internet altogether.7
The most frequent activity among users was the use of social media tools (75 percent of users),
while 45 percent used the internet to search for information, and 20 percent browsed the news.8
With 1.1 million registered users on Facebook, social networks serve as an important platform for
discussion and information exchange among the more liberal segments of Georgian society. State
bodies have also stepped up their use of the internet. For example, departments in the Ministry of
Justice, the Ministry of Finances Tax Inspection, and others have developed online services that
allow citizens to register and receive services, apply for identification cards, or file tax
documentation. Several state services are entering the mobile apps market; for example, the
Georgian Police have created an app where users can check important information or pay fines
associated with tickets.
ISPs offer dial-up, DSL broadband, fiber-optic, EVDO, and CDMA connections. The average cost
for an internet connection is $20 a month, and the lowest price for a 5 Mbps DSL connection is
about $12 per month.9 Many users complain about the quality of connections and suffer from
frequent outages. Nevertheless, there were over 430,000 fixed-line broadband internet
connections in 2012,10 resulting in a broadband penetration rate of 7.6 percent, up from 0.6
percent in 2006.11
Mobile phone penetration is greater than that of the internet and has continued to grow from 59
percent in 2007 to 109 percent in 2012.12 Mobile phones significantly outnumber landlines, and
reception is available throughout the country, including rural areas. The use of mobile devices to
connect to the internet has been limited by high costs, but providers are offering new and
somewhat less expensive services, including CDMA and EVDO technologies.
subscriptions,fixed(wired)broadbandsubscriptions,2012,accessedJuly1,2013,http://www.itu.int/ITU
6
DevelopmentofecommunicationinGeorgiaaccesstotheinternet,InstituteforDevelopmentofFreedomofInformation,
http://www.idfi.ge/?cat=researches&lang=en&topic=108&header=.
7
TinatinZurabishvili,MediaSurvey2011,Georgia,CaucasusResearchResourceCenters,2011,http://www.crrc.ge/oda/.
8
ElzaKetsbaia,InternetusageinGeorgia,NetProphet,January30,2012,http://netprophet.tol.org/2012/01/30/internet
usageingeorgia/.
9
ComparativedatafromtwomajorISPsprices(SilkNetandCaucasusOnline).
10
DataprovidedbyGNCCAnnualReport2012[inGeorgian],
http://www.gncc.ge/files/3100_2949_681569_ANNUAL%20REPORT%202012.pdf
11
subscriptions,fixed(wired)broadbandsubscriptions.
12
InternationalTelecommunicationUnion(ITU),Mobilecellulartelephonesubscriptions,2007&2012,accessedJuly13,
2013,http://www.itu.int/ITUD/ICTEYE/Indicators/Indicators.aspx#.
GEORGIA

The Georgian National Communications Commission (GNCC) introduced mobile number
portability in February 201113 and fixed-line number portability in December 2011,14 giving users
more freedom to switch between service providers and choose between price plans.15 According to
a new national numbering plan, as of January 2012, all phone numbers have changed to align with
international standards.16
The web presence and internet usage of large companies and small businesses grew rapidly in
20122013, particularly as a result of social media tools. Many established brands and companies
such as banks, financial institutions, artists, public figures, and electronics stores have begun to use
social media to promote their businesses and build customer support,17 and more money is being
invested in online projects.18
Cybercafes provide internet access at reasonable prices, but they are located mainly in large cities,
and there are too few to meet the needs of the population. Most cafes have less than a dozen
computers, and customers often have to wait as long as an hour for access. Internet cafes have
become a popular place for online gamers, where the younger generation spends hours playing
online games. Many restaurants, cafes, bars, cinemas, and other gathering places provide Wi-Fi
access, allowing customers to use the internet on their personal laptops. As part of the global
tourism campaign Tbilisi The city that loves you, the municipality has covered most central
districts of the city with free Wi-Fi access. The connection speed is relatively slow; it allows users
to connect to the internet via mobile devices, but the connection is not strong enough for laptops to
offer a full browsing experience.19
There are currently 32 entities registered as ISPs in Georgia, 10 of which are large networks of
governmental services or corporations, which are closed to the public and serve only their own
employees or branches. Most ISPs are privately-owned, and two ISPs serve more than two-thirds of
the market: SilkNet, with more than 44.5 percent of the market, and Caucasus Online, with a 32
percent share. Three of the 20 ISPs are also mobile operators.20 A special report from Transparency
International Georgia cites that many of the major telecommunications companies are owned by
offshore shell companies.21
13
PortedSubscriberNumbersStatistics,GeorgianNationalCommunicationCommission,May25,2011,
http://www.gncc.ge/index.php?lang_id=ENG&sec_id=110&info_id=9071.
14
PortingofSubscriberNumberofFixedNetworkStartedFromToday,GeorgianNationalCommunicationCommission,
December1,2011,http://www.gncc.ge/index.php?lang_id=ENG&sec_id=110&info_id=9812.
15
Mobilepriceplancalculator:http://online.gncc.ge/MobileCalc/MobileCalc2.aspxTheCalculatorgivesuserstheabilityto
choosebestplanandpricingoptionsbetweenmobileoperators.
16
Phonenumbersnowallbeginwith0and00prefixes.
17
GeorgianlanguageFacebookpagestatisticsservice,[inGeorgian],http://like.ge/.
18
AccordingtoaleadingmarketingspecialistDavidBirman:2011wastheyearofdiscoveryofsocialnetworksforGeorgian
Businesses.Commersant.ge,January25,2012,[inGeorgian],http://www.commersant.ge/?id=6504.
19
MayorVowstoBlanketTbilisiwithFreeWifi,Civil.ge,June4,2012,http://www.civil.ge/eng/article.php?id=24848.
20
DataobtainedinAugust2013.Forcurrentdata,seeTop.geathttp://top.ge/all_report.php[inGeorgian].
21
AcomplexandcompellingdatabaseoftheownershipsandrelationsbetweencompaniesisprovidedbyTIunderfollowing
address:http://goo.gl/AgsVL.TransparencyInternationalGeorgia,TheStateoftheInternet:WhoControlsGeorgias
TelecommunicationsSector?February2013,http://j.mp/16hJu3p.
GEORGIA

The telecommunications infrastructure in Georgia is still weak and users may experience
disconnections from the international internet up to two or three times per month, allowing them
to access only Georgian websites. In general, the connection speed for accessing content hosted in
Georgia is greater than for international content. There are many factors influencing the connection
to the international backbone, including the major underground fiber-optic cable that is often
threatened by landslides, heavy rain, or construction work along the road. However, contrary to
instances in recent years when access throughout the entire country was disrupted, no significant
outages were reported in 2012-2013.
The Georgian National Communications Commission (GNCC) is the main media and
communications regulatory body and is also responsible for regulating online media, although there
have yet to be many test cases regarding the latter. The GNCC mostly deals with mobile operators,
as well as television and radio broadcasting licenses. However, there is no significant difference
between GNCC procedures for handling traditional media and those pertinent to
telecommunications and internet issues; thus, criticism surrounding the commissions alleged lack
of transparency and flawed licensing procedures for traditional media may reappear in the context
of internet regulation. Nevertheless, the GNCC has begun to involve the public in discussions and
committee hearings, signaling that it is slowly turning toward openness and transparency. For
example, the GNCC has started a project of monitoring the actual speed of the internet connection
for customers of three main ISPs; however, the report is not yet available and the project may close
before publication due to an alleged corruption case.
LIMITS ON CONTENT
There is no evidence of online content being blocked in Georgia in 20122013. In 2011, the
government temporarily blocked access to torrent sites and peer-to-peer file sharing services to
discourage the illegal download of a Hollywood action film about the 2008 Russian-Georgian war.22
However, aside from this isolated incident, government censorship is not a major hindrance to
internet freedom in Georgia.
YouTube, Facebook, and international blog-hosting services are freely available. Facebook is now
the most popular website among internet users in Georgia, with bloggers and journalists
increasingly using it to share or promote their content, gain readers, or start discussions on current
events. Facebook is also used by civil activists and others as a tool for discussion about ongoing
political and social events.
Users can freely visit any website around the world, upload or download any content, and contact
other users via forums, social-networking sites, and instant messaging applications. In fact, content
is so accessible that numerous sites offer illegal material such as pirated software, music, and
movies, and the government has not enacted appropriate legal measures to combat the problem.
22
CrackingDownonPiratedAugustWarMovie,GeorgianAmerica,2011,
http://georgianamerica.com/eng/news/cracking_down_on_pirated_august_war_movie_3179.
GEORGIA

ISPs still host websites with a great deal of pirated material,23 but visits to such sites have decreased
and given way to social-networking, video-sharing, blogging, and news sites.24 Within some state
institutions and private companies, there are instances of website filtering software in place,
designed to improve worker productivity by blocking access to sites such as Facebook and
YouTube. At the same time, both governmental bodies and private employers are increasingly
using social media for recruitment and public relations purposes.
There are no laws that specifically govern the internet, regulate online censorship, or ban
inappropriate content such as pornography or violent material. There are also no blacklists or other
registers of websites and online resources that should be blocked. Nevertheless, all legal
regulations, particularly copyright or criminal law, apply directly to internet activities using legal
analogy, and so far this legal ambiguity has not been exploited to impose significant internet content
restrictions. However, there are some concerns about the impartiality of blocking decisions made
by the GNCC. For example, the political nature of the 2011 decision by the GNCC to crack down
on sites illegally hosting the film about the Georgian-Russian war, despite doing very little to
combat online piracy in general, implies a lack of evenhanded decision making. To date, however,
such decisions regarding online content have been rare.
Self-censorship among Georgian internet users is active to some extent but primarily centers on
issues related to Georgian traditions, social norms, taboos, or religion. Instances of self-censorship
due to political pressure have decreased over the past year. No cases of governmental manipulation
of online content were reportedmanipulation is neither systematic nor pervasive.
Inadequate revenues in the online news business, combined with a lack of technological knowledge,
have hampered the expansion of traditional media outlets to the internet. The governments
apparent interest in blogging and social media could help spur traditional outlets to establish a
greater internet presence, but this would also require more private investment in online
advertising. Currently, it is estimated that annual spending on online advertising does not exceed
$1 million,25 which is only approximately one percent of the total amount spent in the Georgian
advertising market. At present, most online media outlets face difficulty in attracting advertisers;
however, the market is rapidly changing and there are signs of improvement.
The Georgian blogosphere grew impressively to over 3,000 blogs in 2011,26 and online activism
continued to increase in the second half of 2012. Much of this online activity was related to the fact
that several videos of prisoner torture and abuse were leaked on television broadcasts, which
23
Forexample,thewebsitesofGol.ge(http://gol.ge/)andAdjarnet.com(http://adjaranet.com).
TopSitesinGeorgia,Alexa,accessedAugust2013,http://www.alexa.com/topsites/countries/GE.
25
TheGeorgianAdvertisingMarket,TransparencyInternationalGeorgia,December2011,
http://transparency.ge/sites/default/files/post_attachments/TI%20Georgia%20
%20The%20Georgian%20Advertising%20Market_0.pdf.
26
ZakariaBabutsidze,etal.,TheStructureofGeorgianBlogosphereandImplicationsforInformationDiffusion,European
ConsortiumforPoliticalResearch,August5,2011,
http://www.ecprnet.eu/MyECPR/proposals/reykjavik/uploads/papers/1676.pdf.
24
GEORGIA

resulted in mass protests throughout Georgia and caused an unprecedentedly high number of video
views, shares, and discussions among almost all Georgian websites, blogs and other services.27
Although most Georgians use the internet as a source of entertainment, various social media and
communication apps have become important platforms for discussion and information exchange. In
the months leading up to the October 2012 parliamentary elections, the National Democratic
Institute partnered with three Georgian civil society groupsTransparency International Georgia,
the International Society for Elections and Democracy, and the Georgian Young Lawyers
Associationto produce an election monitoring platform where citizens could report not only
violations on election day, but also incidents in the months leading up to the election, such as
fraudulent voter lists or the illegal use of government resources.28
Different political and civil society groups post calls for action on Facebook and use social media
marketing tools for communicating with their supporters. However, most forms of online activism
to date have remained online and have not had a significant impact offline. Minorities and
vulnerable groups in general are not restricted from internet use, and are represented online
through a small number of forums and blogs. During the last year, LGBT activists have started to
extensively use online tools for coordination, distributing information, and protesting
discrimination in the public sphere.

Civil rights, including the right to access information and freedom of expression, are guaranteed by
the Georgian constitution and are generally respected in practice.29 The Law on Freedom of Speech
and Expression makes it clear that other generally accepted rights related to freedom of
expression are also protected even if they are not specifically mentioned.30 Furthermore, Article 20
of the constitution and Article 8 of the Law of Georgia on Electronic Communications include
privacy guarantees for users and their information, but they simultaneously allow privacy rights to
be restricted by the courts or other legislation.31 Online activities can be prosecuted under these
lawsmainly in cases of alleged defamation, which was decriminalized in 2004or under any
applicable criminal law. Furthermore, a huge discussion on the independence of the judiciary has
been taking place in Georgian society. International organizations such as Transparency
International and Georgian NGOs such as the Georgian Young Lawyers Association have reported
that despite recent reforms and changes in the judiciary system, its independence is still tenuous
27
VideosofInmateAbuse,RapeEmerge,Civil.ge,September19,2012,http://www.civil.ge/eng/article.php?id=25220.
ChrisDoten,OnlyAmateursStealElectionsattheBallotBox,NDItechDemocracyWorks,February21,2012,
https://demworks.org/blog/2012/02/onlyamateursstealelectionsballotbox.
29
TheconstitutionisavailableinEnglishat:http://www.parliament.ge/index.php?lang_id=ENG&sec_id=68.
30
Article19,GuidetotheLawofGeorgiaonFreedomofSpeechandExpression(London:Article19,April2005),
http://www.article19.org/pdfs/analysis/georgiafoeguideapril2005.pdf.
31
ThelawisavailableinEnglishontheGNCCwebsiteat:
http://www.gncc.ge/index.php?lang_id=ENG&sec_id=7050&info_id=3555.
28
GEORGIA

and suffers from undue influence exerted by the Prosecutors Office and the executive
authority.32
Nevertheless, there were no cases of charges against online users for libel or other internet
activities in 20122013. There were also no known instances of detention or prosecution, and
compared to previous years, there were no reported occurrences of extralegal intimidation or
violence against users.
The Georgian Law on Operative-Investigative Activity, passed in 1999, grants the police and
security services significant discretion in conducting surveillance. Police can generally begin
surveillance without a courts approval, though they must obtain it within 24 hours. There are
some official requirements for launching such monitoring, but in reality it is sufficient to label the
targeted individual a suspect or assert that he or she may have criminal connections. New
amendments to the law promulgated in September 2010 require that websites, mail servers, ISPs,
and other relevant companies make private communications data such as e-mail and chats available
to law enforcement authorities when court approval is obtained.33 There were no known cases of
this occurring in 2012; however, it was reported from an anonymous executive in the government
that the monitoring infrastructure is still in place and allows governmental bodies to monitor and
collect data on citizens telecommunication usage, habits, browsing history, and other details. In
the spring of 2013, the Interior Minister and the State Prosecutor declared that all of the data which
was collected during previous years under the named law would be destroyed.34
Additionally, ISPs and mobile phone companies are obliged to deliver statistical data on user
activities concerning site visits, traffic, and other topics when asked by the government.
Cybercafes, on the other hand, are not obliged to comply with government monitoring, as they do
not register or otherwise gather data about customers. Individuals are required to register when
buying a SIM card in order to obtain a phone number.
Cyberattacks against opposition websites have not been a significant issue in Georgia, with the latest
major attacks occurring in 2008 and 2009 in relation to political tensions between Georgia and
Russia. By the end of 2012, the Data Exchange Agency started monitoring Georgian websites for
the presence of malicious codes, hacking attacks, or other suspicious activities, publishing the
information regularly on their website35 as well as on their official Facebook page.36
32
ErekleUrushadze,Judiciary,inNationalIntegritySystemGeorgia,ed.CaitlinRyan(TransparencyInternationalGeorgia,
2011),http://transparency.ge/nis/2011/judiciary.
33
TamarChkheidze,InternetControlinGeorgia,Humanrights.ge,November17,2010,
http://www.humanrights.ge/index.php?a=main&pid=12564&lang=eng.
34
BarbaraFrye,IoanaCaloianu,VladimirMatan,andMollyJaneZuckerman,GeorgiaOffersAmnestytoCollectIllegal
SurveillanceTapes,BakuHitsBackatRFE,TransitionsOnline,July29,2013,http://www.tol.org/client/article/23879georgia
offersamnestytocollectillegalsurveillancetapesbakuhitsbackatrfe.html.
35
DataExchangeAgencyhomepage,http://dea.gov.ge.
36
CERTFacebookpage,https://www.facebook.com/certgovge.
GEORGIA
GERMANY
2012

Total (0-100)
2013
FREE FREE
4
3
8
15
4
4
9
17


A federal regulatory decision made on April 10, 2013 regarding vectoring technology
and the prices charged for last mile access has the potential to further entrench the
market dominance of the leading ISP, Deutsche Telekom (see OBSTACLES TO ACCESS).
A Federal Court of Justice decision in July 2012 placed greater liability on host
providers, stipulating that once the provider is made aware of copyright-infringing
material, they must take steps to prevent further instances of that material being
uploaded to their platform (see LIMITS ON CONTENT).
In May 2012, amendments to the telecommunication act included a provision that
would allow the government to define basic requirements for non-discriminatory data
transfer and access with a view of safeguarding net neutrality. However, the
government has not yet established any requirements (see LIMITS ON CONTENT).
Amendments to the telecommunication act also lowered the threshold for public
agencies to access individual user data, including sensitive data such as name, address,
date of birth, user passwords and dynamic IP addresses (see VIOLATIONS OF USER
RIGHTS).
GERMANY

INTRODUCTION
Germany has a high level of internet and mobile phone penetration, and only the adoption of highspeed broadband is lagging behind other highly developed countries. However, the fact that
regulators are allowing the use of vectoring technology to further the development of superfast
broadband internet has encountered criticism, given that this technology allows the largest internet
service providers (ISPs) to maintain some of their market dominance.
While media and internet freedom principles are generally well-respected, legally codified, and
have been repeatedly affirmed in Germany, certain trends over the past year have challenged these
principles. In this respect, changes in online copyright enforcement legislation and practices are
starting to limit the liability privilege of ISPs and host providers. Intermediaries are now required to
implement specific filter and blocking systems in order to prevent further the infringement of
copyright protected materials, which might also lead to undesirable private censorship as companies
attempt to avoid this liability.
The struggle for net neutrality continues to be an ongoing issue of public debate in Germany.
Amendments to the telecommunication act in May 2012 stipulated that the government could
require ISPs to offer internet access in a content-neutral fashion, which would be a significant step
toward net neutrality. However, the amendment does not automatically safeguard this principle;
rather, it requires the government to take further action by defining the minimum quality standards
with which ISPs must comply. Meanwhile, German telecommunications companies introduced
revised customer contracts that have revived concerns about their non-transparent traffic
management practices.
Against a broad coalition of societal actors, legislators also extended the scope of the stored data
inquiry (Bestandsdatenauskunft) through the amended telecommunication act of 2013. Data
protection experts criticize the lower threshold for intrusions of citizens privacy as
disproportionate and are considering another constitutional complaint against the
telecommunication act.
OBSTACLES TO ACCESS
Germanys network infrastructure for information and communication technologies is welldeveloped, with 76 percent of the population in Germany having private internet access. Together
with the number of mobile-only internet users, this has resulted in an overall internet penetration
rate of 85 percent, which is 10 percentage points above the European Union (EU) average.1
1
Eurostat,BroadbandandConnectivityHouseholds,April29,2013,
http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=isoc_bde15b_h&lang=en.OfficialInternationalTelecommunication
Union(ITU)dataplacestheinternetpenetrationratefor2012at84percent.SeeInternationalTelecommunicationUnion(ITU),
PercentageofindividualsusingtheInternet,2012,accessedJuly8,2013,http://www.itu.int/ITU
D/ICTEYE/Indicators/Indicators.aspx.
GERMANY

However, growth in internet penetration is clearly slowing down, with figures increasing by only
2.5 percentage points in 2012 in contrast to increases of 56 points in the years before.2 Also, few
individuals who currently do not use the internet are planning to obtain access in the future.3
Internet connections in private homes are almost universal, with 93 percent of households having a
broadband connection of at least 1 Mbps and only 5 percent still using slower dial-up connections.4
The most widely used access technique is still DSL (82 percent), but cable internet connections are
becoming more widespread (11 percent).5 With regard to high-speed broadband connections,
there is a remarkable gap between supply and demand. On the supply side, connections with more
than 50 Mbps are available for about 55 percent of households.6 On the demand side, adoption is
lagging behind: only 9 percent of households actually subscribe to fast connections between 30 and
100 Mbps.7 Regarding the take-up of connections of at least 10 Mbps, Germany is also lagging
behind internationally with only 33 percent of households having such connections, in comparison
to the EU average of 48 percent.8 For this reason, the federal regulator has been criticized for
supporting controversial vectoring technology instead of focusing on the roll-out of fiber-optic
broadband.9
Mobile phone penetration in Germany is almost universal, with a penetration rate of over 132
percent.10 The adoption of mobile internet access increased from 28 to 40 percent in early 2013,11
which is rather slow by international standards.12 While 72 percent of mobile internet users have
additional landline access, mobile internet is the only form of internet access for almost a third of
2
BirgitvanEimeren/BeateFrees,76ProzentderDeutschenonlineneueNutzungssituationendurchmobileEndgerte.
ErgebnissederARD/ZDFOnlinestudie2012[76percentofGermansareonlinenewusagesituationsbymobiledevices],
MediaPerspektiven78/2012,p.362379,http://www.ardzdfonlinestudie.de/fileadmin/Online12/0708
2012_Eimeren_Frees.pdf;Othersurveysreportupto79percent,cf.:InitiativeD21,(N)OnlinerAtlas2012.Basiszahlenfr
Deutschland[BaselinenumbersforGermany],2012.http://www.initiatived21.de/wpcontent/uploads/2012/06/NONLINER
Atlas2012Basiszahlenf%C3%BCrDeutschland.pdf;ForschungsgruppeWahlen,InternetStrukturdaten.Reprsentative
Umfrage[Structuralinternetdata.representativesurvey],IVquarterof2012,
http://www.forschungsgruppe.de/Aktuelles/InternetStrukturdaten/web_IV_12_1.pdf.
3
InitiativeD21,2012,p.4.
4
StatistischesBundesamt[FederalStatisticalOffice],28MillionenHaushalteinDeutschlandhabeneinenBreitbandanschluss
[28millionhouseholdsinGermanyhaveabroadbandconnection],pressreleaseNo.474,December19,2011,
https://www.destatis.de/DE/PresseService/Presse/Pressemitteilungen/2011/12/PD11_474_63931.html.
5
Ibid.
6
TVRheinlandConsulting,BerichtzumBreitbandatlasEnde2012imAuftragdesBundesministeriumsfrWirtschaftund
Technologie(BMWi)[ReportoftheBroadbandAtlasEndof2012onbehalfoftheMinistryofEconomicsandTechnology],Part
1,2012,p.6,http://www.zukunftbreitband.de/DE/Service/publikationen,did=559116.html.
7
KaiLukas/AlmuthMarx/BerndOliverSchttler/ChristophSudhues,AbschlussberichtDienstequalittvonBreitbandzugngen
StudieimAuftragderBundesnetzagentur[FinalreportServicequalityofbroadbandaccessStudyonbehalfoftheFederal
NetworkAgency],April9,2013,p.54,http://www.initiative
netzqualitaet.de/fileadmin/user_upload/Abschlussbericht_BNetzA_Studie_Dienstequalitaet_Breitbandzugaenge.pdf.
8
EuropeanCommission,DigitalAgendaScoreboard,http://bit.ly/1h9FS4d.
9
DieTelekomforciertVDSLVectoringstattGlasfaser[FibertotheNeverland.DTpushesVDSLVectoringinsteadofFibre],c't
10/2013,April29,2013,pp.1821,http://heise.de/1847272;VolkerBriegleb,Vectoring:RegulierergenehmigtVDSLTurbo
[Vectoring:RegulatorapprovesVDSLTurbo].heiseonline,April09,2013,http://heise.de/1837933.
10
BundesministeriumfrWirtschaftundTechnologie[FederalMinistryofEconomicsandTechnology],MonitoringReport
DigitalEconomy2012,November2012,p.52http://bmwi.de/EN/Service/publications,did=542994.html.
11
InitiativeD21/HuaweiTechnologiesDeutschland(Ed.),MobileInternetnutzung[mobileinternetusage],February2013,p.8,
http://www.initiatived21.de/wpcontent/uploads/2013/02/studie_mobilesinternet_d21_huawei_2013.pdf.
12
BundesministeriumfrWirtschaftundTechnologie,2012,p.66.
GERMANY

these users. This is reflected in a high share of smartphone users (45.1 percent)13 and flat rate data
contracts (77 percent).14 While the availability of basic UTMS connections is good (85 percent of
all German households), the coverage of fast LTE technology is still growing in Germany, with half
of all households being covered.15
Apart from the overall number of subscribers, there have also been changes in the sociodemographic composition of internet users. While there are still more men than women accessing
the internet in Germany (81 percent compared to 70.5 percent), the increase of female users
compared to male users was slightly higher in 2012, resulting in a smaller gender-difference of 10.5
percentage points compared to 11.8 percent in 2011. Internet penetration is particularly high in the
age group 40 and younger (94.1 percent) but, in comparison, relatively low in the age group 70
and above (28.2 percent).16 However, it is worth noting that in the older cohorts there is the
highest growth rates of internet usage; for example, the internet penetration of those older than 70
has increased by 3.6 percent since 2011.17
Differences in internet usage depending on formal education did not significantly change in the past
year; therefore, the mismatch between people with low and high levels of formal education using
the internet is still about 20 percent. This phenomenon is confirmed by a comparison of net
household incomes. Households with less than 1,000 net income per month have a 54.2 percent
penetration rate, whereas those with more than 3,000 net income have a penetration rate of 92.7
percent.18 Furthermore, differences in internet usage exist between Germany's western region (78
percent) and the eastern region that once constituted the communist German Democratic Republic
(70 percent). This difference decreased by one percent from 2011 to 2012.19 Nevertheless, the gap
in internet penetration between urban states like Hamburg, Berlin, and Bremen and rural states
such as Lower-Saxony decreased from 16 percent in 2011 to only 13 percent in 2012.20
Prices for flat rate broadband internet have been relatively stable over recent years and now range
from 20 to 40 ($26 to $53) which is regarded as affordable compared to the average income per
household of 3,578, and ranks below average prices in OECD countries.21 Nevertheless, as the
stark differences in internet usage in relation to income indicate, the price level constitutes a barrier
for people with low incomes and the unemployed. Although the Federal Court of Justice ruled that
access to the internet is fundamental for everyday life, costs for internet access are not adequately
13
15
TVRheinlandConsulting,2012,p.4.WiththeallocationoflicensesforthenextgenerationmobilestandardLTE,the
Bundesnetzagenturhasobligedthenetworkproviderstobuildthenewinfrastructureinruralareasfirstbeforeinstallingit
cities.
16
InitiativeD21,2012,p.5;ForschungsgruppeWahlen,2012,cf.fn.1.
17
18
19
ForschungsgruppeWahlen,InternetStrukturdaten.ReprsentativeUmfrage[Structuralinternetdata.representative
survey],IVquarterof2011,http://www.forschungsgruppe.de/Umfragen/InternetStrukturdaten/web_IV_11_1.pdf;And
ForschungsgruppeWahlen,2012,cf.fn.1.
20
21
StatistischesBundesamt[FederalStatisticalOffice],Wirtschaftsrechnungen2010[BudgetSurveys2010],Subjectmatter
series15series1,August2,2012,p.13,http://bit.ly/VfYRV7;OECDBroadbandPortal,BroadbandPrices,September2011,
http://www.oecd.org/sti/broadband/oecdbroadbandportal.htm.
14
GERMANY

reflected in basic social benefits.22 Telecommunication services have become slightly less expensive,
decreasing by 2.7 percent, 23 and the costs for mobile internet usage and telephones have decreased
by 3.5 percent.24
The telecommunications sector was privatized in the 1990s with the aim of fostering competition.
Over the past decade, market consolidation has led to a competitive environment dominated by
large companies both in fixed-line as well as mobile internet access; consequently, several smaller
ISPs have been forced out of business. The incumbent Deutsche Telekom's share of the broadband
market is 45 percent. Other relevant ISPs are 1&1-United Internet and Arcor-Vodafone (each with
12 percent of the market), O2-Telefnica (9 percent), and cable companies Unity Media (8
percent) and Kabel Deutschland (6 percent).25
There are four general carriers for mobile internet access: T-Mobile, Vodafone, E-Plus, and O2Telefnica. In 2012, T-Mobile regained its market leadership from Vodafone, gaining a 32 percent
market share compared to Vodafones 30 percent. The smaller providers, E-Plus and O2Telefnica, have been steadily gaining market shares, with 21 percent and 17 percent of the
market, respectively.26 The mobile market is seen as one of the most competitive in the EU,27
though competition of mobile services in downstream markets is limited, since most German
mobile providers contractually prohibit services such as Voice over Internet Protocol (VoIP) or
even instant messaging.28 The Body of European Regulators for Electronic Communications
(BEREC) is investigating this widespread practice of carriers across Europe and discussing possible
regulatory interventions.29
Internet access, both broadband and mobile, is regulated by the Federal Network Agency for
Electricity, Gas, Telecommunications, Post, and Railway (Bundesnetzagentur or BNetzA) operating
under the supervision of the Federal Ministry of Economics and Technology. The president and
vice president of the agency are appointed for five-year terms by the German federal government,
22
Bundesgerichtshof[FederalCourtofJustice],BundesgerichtshoferkenntSchadensersatzfrdenAusfalleines
Internetanschlusseszu[Courtawardsdamagesforinternetfailures],pressrelease14/13,January24,2013,
http://juris.bundesgerichtshof.de/cgibin/rechtsprechung/document.py?Gericht=bgh&Art=pm&pm_nummer=0014/13.Hartz
IVstandardrateis382,ofwhich2.28areforInternetaccess,Cf.DeutscherBundestag[GermanBundestag],Drucksache
17/3404,p.60,http://dip21.bundestag.de/dip21/btd/17/034/1703404.pdf.
23
StatistischesBundesamt,StatistischesJahrbuch.DeutschlandundInternationales[StatisticalYearbook],2012,p.402,
https://www.destatis.de/DE/Publikationen/StatistischesJahrbuch/StatistischesJahrbuch2012.pdf?__blob=publicationFile.
24
25
Bundesnetzagentur,Jahresbericht2012[AnnualReport2012],May6,2013,http://bit.ly/1eNOUXS.DSLWEB;Breitband
ReportDeutschlandQ32012[BroadbandReportGermany],http://bit.ly/TvtFOy.
26
Bundesnetzagentur[FederalNetworkAgency],TeilnehmerentwicklungimMobilfunk[DevelopmentofMobile
Subscriptions],May13,2013,http://bit.ly/1h9FtPn;FAZ.net,TMobileistwiederdasbeliebtesteHandynetz[TMobileis
againthemostpopularmobilephonenetwork],November13,2012,http://www.faz.net/gqi74br2.
27
EuropeanCommission,DigitalAgendaforEuropeScoreboard2012,p.68.Cf.alsothestudybyHaucaupetal.documenting
afairlycompetitivemarket:Haucap/Heimeshoff/Sthmeier,2010,WettbewerbimDeutschenMobilfunkmarkt[Competition
intheGermanmobilemarket],OrdnungspolitischePerspektivenNr.4.
28
EkkehardKern,DieTckenderSmartphoneVertrge[Thepitfallsofsmartphonecontracts],welt.de,April8,2013,
http://www.welt.de/finanzen/verbraucher/article115087088/DieTueckenderSmartphoneVertraege.html.
29
BEREC,BERECpublishesnetneutralityfindingsandnewguidanceforconsultation,Pressrelease,May29,2012,
http://berec.europa.eu/eng/document_register/subject_matter/berec/press_releases/24berecpublishesnetneutrality
findingsandnewguidanceforconsultation.Accordingtothisstudy,atleast20percentofmobileinternetusersinEurope
experiencesomeformofrestrictionontheirabilitytoaccessVoIPservices.
GERMANY

following recommendations from an advisory council consisting of 16 members from the German
Bundestag and 16 representatives from the Bundesrat. The German Monopolies Commission and
the European Commission (EC) have both criticized this highly political setting and the
concentration of important regulatory decisions in the presidential chamber of the Federal Network
Agency.30 Similarly, the European Court of Justice (ECJ) and the EC noted that the regulation of
data protection and privacy by agencies under state supervision does not comply with the EU Data
Protection Directive 95/46/EC.31
In addition to such institutional concerns, regulatory decisions by the BNetzA have been criticized
for providing a competitive advantage to Deutsche Telekom, the former state-owned monopoly.32
The most recent examples are the agencys decisions on April 10, 2013 to allow a slight increase in
the price that Telekom charges competitors for the last mile33 and to support controversial
vectoring technology, which in turn manifests its dominant position regarding the last mile.
Vectoring can boost the bandwidth of DSL connections on existing copper lines but requires one
operator to manage the whole bundle, in effect limiting the unbundling of the local loop and thus
privileging, under specific circumstances, the market leader.34
LIMITS ON CONTENT
Blocking of websites or internet content rarely takes place in Germany.35 In 2012-2013, there were
no publicly known incidents of censorship directly carried out by state actors. Since there is also no
significant filtering of text messages or e-mail communication, the overall scale and sophistication
of censorship has remained stable and on a non-significant level. YouTube, Facebook, Twitter and
international blog-hosting services are freely available.
30
Monopolkommission[MonopoliesCommission],Telekommunikation2009:KlarenWettbewerbskurshalten
[Telecommunication2009:stayontargetincompetition],Sondergutachten56,2009,p.75,
http://www.monopolkommission.de/sg_56/s56_volltext.pdf;EuropeanCommission,ProgressReportontheSingleEuropean
ElectronicCommunicationsMarket(15thReport),COM(2010)253,p.196,
http://ec.europa.eu/information_society/policy/ecomm/doc/implementation_enforcement/annualreports/15threport/15repo
rt_part1.pdf.
31
EuropeanCommission,DataProtection:EuropeanCommissionrequestsGermanytoensureindependenceofdata
supervisoryauthority,PressRelease,Brussels,April6,2011,
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/407&format=HTML&aged=0&language=EN&guiLanguage=en.
32
EuropeanCommission,ProgressReport,p.196.SincetheFederalRepublicstillexercisesitsrightsasashareholderof
DeutscheTelekom(circa38percent)throughanotherpubliclawentity,commentatorsseeapotentialconflictofinterest;
ChristianSchmidt,VonderRegTPzurBundesnetzagentur.DerorganisationsrechtlicheRahmenderneuen
Regulierungsbehrde[FromRegTPtoFederalNetworkAgency.Theorganizationalframeworkofthenewregulator],Die
ffentlicheVerwaltung58(24),2005,p.1028.
33
ZDNet,NeuerVorschlagderBundesnetzagenturfrTALEntgelteerntetKritik[NetworkAgencysPlansforLocalLoop
UnbundlingChargesiscriticizedstrongly],March28,2013,http://www.zdnet.de/88149343/neuervorschlagder
bundesnetzagenturfurtalentgelteerntetkritik/.Aninternationaltariffcomparisonin2011showedthatthepricelevelin
GermanyisoneofthehighestinEurope:Bundesnetzagentur[FederalNetworkAgency],InternationalTariffComparison,
2011,http://bit.ly/19a3uAJ.
34
RichardSietmann,FibertotheNeverland.DieTelekomforciertVDSLVectoringstattGlasfaser[FibertotheNeverland.DT
pushesVDSLVectoringinsteadofFibre].c't10/2013,April29,2013,pp.1821,http://heise.de/1847272.
35
DuetosubstantialcriticismbyactivistsandNGOsthatprovokedanintensepoliticaldebate,the2010lawonblocking
websitescontainingchildpornography,theAccessImpedimentlaw(Zugangserschwerungsgesetz),nevercameintoeffectand
wasfinallyrepealedbytheGermanparliamentinDecember2011.
GERMANY
Content blocking or filtering practices enforced by corporate actors have been discussed for some
time. The ongoing dispute between YouTube and GEMA (German Society for Musical
Performance and Mechanical Reproduction)36 indicates that private entities substantially shape the
availability of online content: 61.5 percent of the most popular music videos on YouTube are
blocked in Germany.37 Since 2009, YouTube has refused to pay for a license for copyrightprotected music videos disseminated on its platform, and instead shows an error message saying
that the video is not available in Germany because GEMA has not granted the publishing rights.38
YouTube has also been legally required to remove protected content upon request under the
breach of duty of care.39 GEMA holds a de facto monopoly because it exercises rights exclusively
and considers it a copyright violation when YouTube uses the rights administered by GEMA
without paying any compensation to the copyright owners,40 and consequently sues Google for
damages.41 Google has raised concerns about undesired harms for freedom of expression.42 The
issue is most likely to continue in the courts as both parties filed appeals in May 2012.43
In a few cases, private content regulation practices based on the enforcement of corporate terms of
service were the subject of controversial public discussions. For example, in March 2013 a German
radio hosts critical Facebook posts about the Catholic Church and the new popes attitude toward
same-sex marriage were deleted by Facebook without offering any reasons or the possibility to
restore the post.44 The scale and scope of such practices remain non-transparent.
New evidence has confirmed that ISPs across Europe regularly use deep packet inspection (DPI) for
the purposes of traffic management, but also to throttle peer-to-peer traffic. Users are especially
affected by P2P-related restrictions in the mobile market.45 In Germany, there is a clear lack of
36
CollectingsocietiesareprivateorganizationsatthenationallevelinGermanyauthorizedbytheCopyrightAdministrationAct.
AlthoughtheyactunderthesupervisionoftheGermanPatentandTrademarkOffice,theybelongtotheprivatesector.The
foundationrequiresanexemptionfromtheantitrustlawsbytheFederalCartelOffice.
37
Comparedto0.9percentintheUnitedStatesandca.1percentinAustriaandSwitzerland.Cf.sueddeutsche.de,Diese
KulturistinDeutschlandleidernichtverfgbar[ThiscultureisnotavailableinGermany],January28,2013,
http://sz.de/1.1584813
38
GEMAdemands0.375centsperretrieval.
39
LGHamburg[RegionalCourtHamburg],judgmentofApril20,2012,Az.310O461/10,http://openjur.de/u/311130.html;cf.
alsoEDRI,YouTubelosesacaseinGermanytocollectivesocietyGema,April25,2012,
http://www.edri.org/edrigram/number10.8/youtubegemacase.
40
GEMA,GEMAandYouTube,accessedMay20,2013,https://www.gema.de/en/press/popular
subjects/youtube/browse/4.html.
41
Sddeutsche.de,StreitmitYoutube:GemaschaltetSchiedsstelleein[DisputewithYoutube:Gemacallsinarbitration
body],January10,2013,http://sz.de/1.1570166.
42
InparticularGooglearguesthatbecausetheGEMAdoesntprovidealistonthecompleterepertoiretheylicensed,most
musicvideoshavebeenblockedinordertoavoidfinancialrisks.cf.http://www.djvbb.de/cms/nachrichten/201302
16_GEMA_YouTube_Pressefreiheit.php
43
Sddeutsche.de,GemalegtBerufunggegenYouTubeUrteilein[GemafilesanappealagainstYouTubejugdement],May22,
2012,http://sz.de/1.1362833
44
TinaKulow,WasistmitdemPostvonDomianpassiert?[WhathashappenedwithDomainspost?],March19,2013,
https://www.facebook.com/notes/tinakulow/wasistmitdempostvondomianpassiert/625428644149658.
45
BEREC,AviewoftrafficmanagementandotherpracticesresultinginrestrictionstotheopenInternetinEurope.Findings
fromBERECsandtheEuropeanCommissionsjointinvestigation,May29,2012,http://ec.europa.eu/digital
agenda/sites/digitalagenda/files/Traffic%20Management%20Investigation%20BEREC_2.pdf.
GERMANY

transparency regarding the scope of traffic management, particularly surrounding the use of DPI,
since ISPs are not required to provide the public with such information.
While there is no systematic blocking and filtering of content by the state, instances of the courts or
public authorities ordering the deletion of certain content have become common. In October 2012,
the U.S.-based company Twitter complied with a request to close the account of a neo-Nazi group
deemed illegal by German authorities.46 Twitter did not delete the account but started to restrict
access to it for German users only.47 This action was the first application of Twitter's new policy,
introduced in January 2012, to block content and accounts on a country-by-country basis in order
to balance free speech principles with its compliance of local laws. The specific decision did not
arouse much controversy in Germany, and has rather been regarded as a transparent way to
minimize censorship.48
The autocomplete function of Googles search engine has been repeatedly subject to scrutiny. In
September 2012, Germanys former first lady sued Google for defamation over suggested words.
The lawsuit demanded that Google delete 85 suggested words, and furthermore, requested the
deletion of search results indexing articles that cover the issue. Google partly complied by deleting
eight of the 3,000 results from the index due to unlawful and false statements of fact.49 Following a
considerable history of court rulings,50 in May 2013 the Federal Court of Justice, in a different case,
ruled that Google could be held liable, at least under some circumstances, for the infringement of
personal rights through its autocomplete function.51
There is no censorship prior to the publication of internet content. On the other hand, figures
released by ICT corporations concerning the amount of content removal requests received from
governments, public authorities, or copyright owners indicate that post-publication content
removal is used extensively. Microsoft has started to report the numbers of removal requests on a
country-by-country basis. Notably, none of those requests resulted in a disclosure of customer
content.52 According to Googles latest transparency report covering the period from July to
December 2012, the company received 231 requests from the German government and public
authorities.53 Based on absolute numbers, Germany ranks third on a list of 65 countries that issued
requests for removal of content, following Brazil and the United States. To an unprecedented
46
ThegroupBesseresHannover[BetterHanover]hasbeenmonitoredbytheGermanpoliceforsometimeandfinallybanned
bythestatesinteriorministry.Cf.TwitterInc.,TransparencyReport.RemovalRequestsJuly1December31,2012,2013,
https://transparency.twitter.com/removalrequeststtr2.
47
Twittersgeneralcounsel,AlexMacGillivrayhasannouncedtheissueonTwitter:AlexMacGillivray,October18,2012,
https://twitter.com/amac/status/258745846584188928.
48
Twitterreportedthecasetochillingeffects.organdhasmadetherequestbyGermanpoliceauthoritypubliclyavailable:
ChillingEffects,GermanPoliceaskTwittertoCloseAccount,https://www.chillingeffects.org/notice.cgi?sID=625342.
49
ZeitOnline,GooglelschteinigeBettinaWulffEintrge[GoogledeletesseveralBettinaWulffentries],November11,2012,
http://www.zeit.de/digital/datenschutz/201211/googlewulfloeschung.
50
OLGKln[HigherRegionalCourtCologne],judgmentofMay10,2012,Az.15U199/11,http://openjur.de/u/462365.html.
51
BGH[FederalSupremeCourt],judgmentofMay14,2013,Az.VIZR269/12;JrgenKuri/MartinHolland,BGHzu
Autocomplete:GooglemussinSuchvorschlgeeingreifen[BGHonautocomplete],May14,2013http://heise.de/1862062.
52
Microsoft,2012LawEnforcementRequestsReport,http://www.microsoft.com/about/corporatecitizenship/en
us/reporting/transparency/.
53
Googlecompliedfullyorpartiallywith77percentoftheserequests.Google,GoogleTransparencyReport.Germany.Julyto
December2012,2013,http://www.google.com/transparencyreport/removals/government/DE/?p=201212.
GERMANY

degree, requests were mandated by court orders (192 requests), most commonly for defamation
reasons. The total number of items requested to be removed was 1,105. The most requested items
to be removed were for defamation, adult content, and hate speech matters. German youth
protection authorities have continuously requested the removal of content deemed to violate
German youth protection legislation, especially videos on YouTube.54
The protection of minors constitutes an important legal framework for the regulation of online
content.55 Youth protection on the internet is principally addressed by states through the Interstate
Treaty on the Protection of Human Dignity and the Protection of Minors in Broadcasting (JMStV),
which bans content similar to that outlawed by the criminal code, such as the glorification of
violence and sedition.56 A controversial provision of the JMStV reflecting the regulation of
broadcasting media mandates that adult-only content on the internet, including adult pornography,
must be made available in a way that verifies the age of the user.57 Compliance with the interstate
agreement is supervised by the Commission for Youth Protection Relating to Media (KJM) and
supported by a joint body, jugendschutz.net, which operates a hotline for complaints. Notably, the
JMStV enables the blocking of content if other actions against offenders fail and if such blocking is
expected to be effective. Offending websites hosted outside of Germany are put on blacklists that
are made available for privately developed filtering software. Members of the self-regulatory body,
Voluntary Self-control for Multimedia Service Providers (FSM), are committed to removing
blacklisted websites from their search results. In February 2013, the Federal Minister of Family
Affairs, Senior Citizens, Women and Youth, in cooperation with internet industry partners and
jugendschutz.net, introduced a proxy server meant to ensure safer internet use for children.58 The
software is offered at no charge for individual download and is available for mobile devices as well
as computers. Presently, two filtering software solutions for youth protection are officially
approved by the KJM.59
The liability of platform operators for illegal content is regulated by the telemedia act. The law
distinguishes between full liability for owned content and limited Breach of Duty of Care
(Stoererhaftung) of access providers and host providers for third party content.60 Although access and
host providers61 are not generally responsible for the content they transmit or temporarily auto
store, there is a certain tension between the underlying principles of liability privilege and that of
54
AccordingtotheGermanReportforthefirstandsecondhalfof2012(cf.Fn.51)youthprotectionauthoritiesrequesteda
totalof451videostoberemovedfromYouTube.
55
ThelegalframeworkregulatingmediaprotectionofminorsinparticularconsistsoftheLawfortheprotectionofchildrenand
youth(Jugendschutzgesetz,JuSchG)ofthefederalgovernmentandtheInterstateTreatyontheProtectionofMinorsinthe
Media(shortJugendmedienschutzstaatsvertrag,JMStV).
56
Cf.therespective130,131StGB[CrimicalCode].Englishtranslation:http://www.gesetzeim
internet.de/englisch_stgb/englisch_stgb.html.
57
Cf.therespective5,Abs.3JMStV.
58
KinderServerhomepage,accessedAugust19,2013,http://www.kinderserverinfo.de/
59
MonikaErmert/AndreasWilkens,NeuerAnlauffrdenJugendmedienschutzstaatsvertrag[Newattempttoreformthe
InterstateTreatyontheProtectionofMinorsintheMedia],February22,2013,http://heise.de/1809147.
60
Inparticular:Part3,710TMG:liabilityforowncontent(7,Abs.1TMG);limitedliabilityforaccessproviders(8,9
TMG)andhostproviders(10TMG).
61
TheBGHinparticularhasdevelopedtheprinciplesoflimitedliabilityofhostproviders:BGH[FederalCourtofJustice],
judgmentofOctober25,2011,Az.VIZR93/10.
GERMANY

secondary liability.62 Principally, ISPs are not required to proactively control or review the
information of third parties on their servers; they become legally responsible as soon as they gain
knowledge of violations or violate reasonable audit requirements.63
In 2012, court rulings limited the liability privilege of ISPs by further specifying requirements,
responsibilities, and obligations. Notably, these have commonly occurred in relation to copyright
enforcement online. In this respect, additional blocking and filter obligations of host providers have
been put in more concrete terms by the Federal Court of Justice (Bundesgerichtshof, BGH) in the
Alone in the Dark case.64 In the specific instance, the game publisher Atari sued the file hosting
service Rapidshare for copyright violations concerning the video game Alone in the Dark.
Although the judges did not hold Rapidshare liable for a direct infringement, they saw a violation of
the services monitoring obligation under the breach of duty of care. Once the file hosting service
was notified of one infringing copy, the court said, it should have proactively controlled its service
for other copies of the same material.65 Hosting services are now supposed to implement
technically and economically reasonable mechanisms in order to prevent any further violations of
the respective copyright.
In addition to the mere deletion of relevant data, the court also deemed manual post-filtering by
words and the control of external link collections technically reasonable. Depending on the current
technical standard, automated control mechanisms can also be considered.66 Furthermore, ISPs are
obliged to disclose customer information for prosecutions of copyright infringement, even though
the person may not have infringed copyrights for commercial purposes.67 A special requirement to
review the content on any violations of rights was also ruled in a case where a blogger integrated a
YouTube video onto his website.68 Whereas linking to other websites is regarded as unproblematic,
embedding content, primarily videos from other sources, could cause liability risks for the
provider.69
An important exception to the liability privilege concerns wireless networks.70 Because of a highly
disputable ruling against the existing liability privilege by the Federal High Court in 2010,
62
LiabilityprivilegemeansthatinformationintermediariesontheinternetsuchasISPsarenotresponsibleforthecontenttheir
customerstransmit.Secondaryorindirectliabilityapplieswhenintermediariescontributetoorfacilitatewrongdoingsoftheir
customers.
63
BGH[FederalCourtofJustice],judgmentofMarch27,2012,Az.VIZR144/11,http://openjur.de/u/405723.html.
64
BGH[FederalCourtofJustice],judgmentofJuly12,2012,Az.IZR18/11,http://openjur.de/u/555292.html.
65
TimothyB.Lee:TopGermancourtsaysRapidSharemustmonitorlinksitesforpiracy,July16,2012,
http://arstechnica.com/techpolicy/2012/07/topgermancourtsaysrapidsharemustmonitorlinksitesforpiracy/.
66
ThomasStadler,BGH:RapidsharemussWortfiltereinsetzenundexterneLinksammlungenberprfen[FederalCourtof
Justice:Rapidshareisrequiredtodeployfiltersbywordsandtoscreenexternallinkcollections],February2,2013,
http://www.internetlaw.de/2013/02/bghrapidsharemusswortfiltereinsetzenundexternelinksammlungen
uberprufen.html.
67
Bundesgerichtshof[FederalCourtofJustice],judgementofApril19,2012,Az.IZB80/11,http://openjur.de/u/438903.html.
68
LGHamburg[RegionalCourtHamburg],judgementofMay18,2012,Az.324O596/11,http://openjur.de/u/404386.html.
69
LeonhardDobusch,RisikofaktorEinbettung:YouTube,TwitterunddasUrheberrecht[Riskfactorembedding:YouTube,
Twitterandcopyrightlegislation],January23,2013,http://netzpolitik.org/2013/risikofaktoreinbettungyoutubetwitterund
dasurheberrecht/.
70
In2010,theGermanFederalHighCourtsentencedtheprivateownerofawirelessrouteronthegroundsthathisorheropen
networkallowedillegalactivities.cf.ChristopherBurgess,ThreeGoodReasonstoLockDownYourWirelessNetwork,The
GERMANY

legislative initiatives from states and political parties now seek to modify the secondary liability of
local Wi-Fi operators.71
Content hosts have also been pursued for further investigations for opinions expressed by third
parties on their platforms, as single cases indicate. In these cases, authorities have required platform
owners to provide the real names of users who were prosecuted for defamation reasons. They even
went so far as to search the editorial office of a newspaper, which was later ruled as being
unlawful,72 and to order a coercive detention for an online editor because he refused to provide the
users name.73 In the latter case, the editor invoked his right to refuse testimony and has appealed
to the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG).
The principle of proportionality has constitutional status in Germany to which public authorities
must comply. All means taken by the state against its citizens must remain proportional to the ends
pursued. The interplay between the Ministry of Justice, the national data protection officer, the
association of internet service providers (Eco), and the internet community effectively hold the
bodies involved accountable.
Court proceedings are generally public. While a comprehensive list of all content blocking or
deletion orders is not available, the media generally covers such measures. One important
exception in reporting concerns the indexes of internet services of the KJM and the Federal Review
Board for Media Harmful to Young People (BpJM), which are kept secret.74
There is no systematic self-censorship in the German press; however, certain incidents signal that
press companies are becoming more risk-averse when making decisions on the content they intend
to publish through private app stores.75 Furthermore, there are more or less unspoken rules
reflected in the publishing principles of the German press.76 The penalty code and the JMStV
prohibit content in a well-defined manner (such as child pornography, racial hatred, and the
HuffingtonPost(blog),June8,2010,http://www.huffingtonpost.com/christopherburgess/threegoodreasonsto
loc_b_599945.html.
71
Cf.ResolutionofBundesratofOctober12,2012,TOP12,
71
http://www.bundesrat.de/cln_236/nn_6898/DE/parlamentsmaterial/toplenum/901sitzung/tonode.html?__nnn=true)and
thedebateintheGermanBundestag,Plenarprotokoll17/201.StenografischerBericht.201.SitzungBerlin,[Minutesofthe
pleneraymeeting]October25,2012,http://dip21.bundestag.de/dip21/btp/17/17201.pdf.
72
beckaktuell,LGAugsburg:DurchsuchungeinerRedaktionrechtswidrig[RegionalCourtAugsburg:Permissiontosearchthe
editorialofficeillegal],May20,2013,http://beckaktuell.beck.de/news/lgaugsburgdurchsuchungeinerredaktion
rechtswidrig.
73
DeutscheWirtschaftsNachrichten,DrohungmitBeugehaftwirkt:OnlinePortalgibtNutzerDatenpreis"[Threatofcoercive
detentionworks:onlineportaldisclosesuserdata],May6,2013,http://deutschewirtschafts
nachrichten.de/2013/05/06/drohungmitbeugehaftwirktonlineportalgibtnutzerdatenpreis/.
74
ThesocalledpartsCandDoftheindexarenotpublic.BpJM,ListederBundesprfstelle[IndexoftheFederalReviewBoard
forMediaHarmfultoYoungPeople],
http://www.bundespruefstelle.de/bpjm/Jugendmedienschutz/Indizierungsverfahren/verfahrensarten,did=32964.html;Seealso
forinoverviewinEnglishhttp://www.bundespruefstelle.de/bpjm/informationinenglish.html.
75
Inordertoavoidlatercomplaintsanewsmagazinewaspromptedtochangetheissuecoverinthewayitdeemedtobein
linewithApplestermsconcerningnudity;Cf.heise.de,EKioskBetreiberZinioverlangtZensuraufAndroidundiOSGerten
[EkioskoperatorZiniodemandscensorshiponAndroidandiOSdevices],May6,2012,http://www.heise.de/mobil/meldung/E
KioskBetreiberZinioverlangtZensuraufAndroidundiOSGeraeten1568938.html
76
Presserat[PressCouncil],Pressekodex[presscode],versiondatedMarch13,2013,http://www.presserat.info/inhalt/der
pressekodex/pressekodex.html.
GERMANY

glorification of violence). The JMStV also regulates adult content that is potentially harmful to
minors, stipulating that content inappropriate for certain age groups must be regulated to prevent
access by children or young persons.
While the degree to which political actors can successfully pressure online news outlets to exclude
certain information from their reporting is still insignificant, there have at least been attempts to
delete critical information on the internet. The German Bundestag asked a blog to delete an expert
report on corruption among parliamentarians because of an alleged copyright infringement. The
platform owner refused to do so without further consequences.77 Additionally, the Federal Ministry
of Defense has taken legal steps against a newspaper,78 demanding that it delete a set of leaked
mission reports covering Afghanistan operations of the federal armed forces (Bundeswehr), based on
alleged copyright infringement.79
With the latest amendment of the telecommunications act (Telekommunikationsgesetz, TKG) enacted
in May 2012, the principle of net neutrality has been legally codified ( 41a TKG), but is still not
entirely safeguarded.80 The law authorizes the government to define basic requirements for nondiscriminatory data transfer and content access, but it does not require the government to take any
further action. The German Federal Network Agency (Bundesnetzagentur, BNetzA) principally
supports net neutrality, but instead of safeguarding it legally, the national regulator favors new
business models based on price discrimination and differentiated classes of service as long as ISPs
are transparent about their policies and give customers a choice.81 The lack of concrete action on
the part of the German government has also encountered criticism, especially when two of the
market-leading telecommunications companies, Vodafone and Deutsche Telekom, announced new
terms for customer contracts. Telekom, for example, announced that it would place limits on
customers high-speed data transfer per month, but that its own services, such as television and
movie-streaming services, would not count toward customers data transfer limits.82 Treating inhouse services differently in particular has raised concerns in terms of competition and consumer
protection by governmental representatives who also declared that these practices should be
scrutinized more closely.83
77
MarkusBeckedahl,DerDeutscheBundestagfordertunsauf,dasbishergeheimgehalteneGutachtenzur
Abgeordnetenkorruptionzudepublizieren[TheGermanBundestagcallsonustotakedownayetsecretreportonMPs
corruption],October17,2012,https://netzpolitik.org/2012/derdeutschebundestagfordertunsaufdasbishergeheim
gehaltenegutachtenzurabgeordnetenkorruptionzudepublizieren/
78
DavidSchraven,VerteidigungsministeriumgehtjuristischgegendieWAZvor[MinistryofDefensetakinglegalstepsagainst
theWAZ],DerWestenRechercheblog,April8,2013,http://www.derwestenrecherche.org/2013/04/verteidigungsministerium
gehtjuristischgegenwazvor/.
79
DavidSchraven/WAZ,DieAfghanistanPapiere[TheAfghanistanwires],accessedApril10,2013,
http://afghanistan.derwestenrecherche.org/.
80
Inparticular:41aTKG,http://dejure.org/gesetze/TKG/41a.html.Theclausesimplyauthorizesthegovernmenttodefine
basicrequirementsfornondiscriminatorydatatransferandcontentaccess,andleavesittotheBundesnetzagenturto
determineminimumqualityofservicestandardsapaththeregulatorisnotlikelytogo.
81
Cf.minutesoftheExpertMeetingonnetneutralityoftheParliamentaryInquiryCommission,October8,2010,
http://bit.ly/1dOvaQI.
82
RolfWenkel,Telekom'splanneddatalimitmeetswithprotest,DeutscheWelle,April25,2013,
http://www.dw.de/telekomsplanneddatalimitmeetswithprotest/a16773016.
83
AnnettMeiritz/SeverinWeiland,FlatRateFiasco:TelekomPlantoLimitDSLWorriesBerlin,
http://www.spiegel.de/international/business/governmentwaryoftelekomlimitsonflatratedslaccessa896435.html.
GERMANY

Germany is home to a vibrant internet community and blogosphere. Local and international media
outlets and news sources are generally accessible and represent a diverse range of opinions.84
Policies affecting internet regulation, data protection, or surveillance enjoy increasing public
attention and media coverage. Internet-related topics are growing increasingly popular, also due to
increased attention among political institutions. All political parties now have internet experts.
Whereas in early 2012 the German Pirate Party could continue its remarkable success in state
elections,85 their popularity has recently been decreasing.86 After three years of work, the multistakeholder Commission of Inquiry (Enquete-Kommission) on Internet and Digital Society87
released its final report in April 2013.88 Among other things, the commission calls for the
establishment of a permanent internet commissioner at the federal level.89
In 2012, an example of the growing discursive power of the internet community revolved around a
discussion which started on Twitter. Under the hashtag #aufschrei (outcry), people started to
tweet about everyday sexism against women. The discussion soon left the Twitter-sphere and
became a nation-wide societal debate.90 Additionally, activists are waging online campaigns in the
fight for net neutrality91 against the telecoms Vodafone92 and Deutsche Telekom, and have already
been partly successful.93 At the same time, multiple laws that restrict internet freedom, such as
some of the amendments to the telecommunication act, were passed despite strong criticisms by a
broad coalition of societal actors.

Germany is considered to be one of the most privacy-conscious countries; however, the 2012
amendments to the telecommunication act included a provision which allows more public agencies
access to user data, and lowers the threshold for this access from investigations into serious crimes
to misdemeanors and administrative offences, raising concerns about the trajectory for privacy
protections in the country.
84
Bundesinnenministerium[FederalMinistryoftheInterior],DienationalenMinderheiteninDeutschland[National
minoritiesinGermany],January30,2013,http://bit.ly/13cNnE7.
85
VoterturnoutofthePiratePartyinBerlin:8.9percent,Saarland:7.4percent,SchleswigHolstein:8.2percent,Nordrhein
Westfalen:7.8percent
86
DanielLeisegang,PiratenaufSchlingerkurs[Piratesareonslalomcourse],Bltter11/2012,p.1114,
http://www.blaetter.de/archiv/jahrgaenge/2012/november/piratenaufschlingerkurs.
87
Cf.thewebsiteoftheEnqueteKommission[ParliamentaryInquiryCommission]:
http://www.bundestag.de/internetenquete/.
88
FinalreportoftheParliamentaryInquiryCommissionInternetunddigitaleGesellschaft[TheInternetanddigitalsociety]:
DeutscherBundestag,Drucksache17/12550,April5,2013,http://dipbt.bundestag.de/dip21/btd/17/125/1712550.pdf.
89
DerSpiegel,NetPolitics:ReportCallsforGermanInternetCommissioner,April19,2013,
http://ml.spiegel.de/article.do?id=895412.
90
SilkeWnsch,AntisexismTwittercampaigngainsmomentum,January26,2013,http://dw.de/p/17S9K.
91
Cf.campaignwebsite:http://echtesnetz.de/.
92
Cf.campaignwebsite:http://halbesnetz.de/.
93
TheFederationofGermanConsumerOrganizations(vzbv),anongovernmentalorganizationforconsumerprotection,
admonishedbothcompaniesfordisseminatingmisleadinginformationintheirtermsandinadmissiblecontracts.Cf.
http://www.vzbv.de/10432.htm;http://bit.ly/16LO8Xh
GERMANY

The German Basic Law guarantees freedom of expression and freedom of the media (Article 5) as
well as the privacy of letters, posts, and telecommunications (Article 10). These articles generally
safeguard offline as well as online communication. In addition, a groundbreaking 2008 ruling by the
Federal Constitutional Court established a new fundamental right warranting the confidentiality
and integrity of information technology systems grounded in the general right of personality
guaranteed by Article 2 of the Basic Law.94
These rights were contested in the political aftermath of the September 2001 terrorist attacks in the
United States (cf. the 2001 Act for Limiting the Secrecy of Letters, the Post, and
Telecommunications).95 However, after several cases concerning the infringement of the rights of
journalists, a Federal Constitutional Court ruling in February 2007 set a strong precedent for the
protection of journalists sources.96 On March 29, 2012, in response to this ruling, the Federal
Parliament issued the Act on Strengthening Press Freedom (Gesetzes zur Strkung der Pressefreiheit im
Straf- und Strafprozessrecht, PrStG), which protects journalistic sources and establishes high barriers
for searching and seizing journalists property.97 In addition to the aforementioned rulings on the
liability privilege of providers, these developments constitute a trend of strengthening media
freedom in Germany. In particular, the rulings of the Federal Constitutional Court continue to
promote freedom of expression.
Online journalists are generally granted the same rights and protections as journalists in the print or
broadcast media. Although the functional boundary between journalists and bloggers is starting to
blur, the German Federation of Journalists maintains professional boundaries by issuing press cards
only to full-time journalists. Similarly, the German Code of Criminal Procedure grants the right to
refuse testimony solely to individuals who have professionally participated in the production or
dissemination of journalistic materials.98
The German Criminal Code (StGB) includes a paragraph on incitement to hatred ( 130 StGB),
which penalizes calls for violent measures against minority groups and assaults on human dignity.99
94
BVerfG[FederalConstitutionalCourt],ProvisionsintheNorthRhineWestphaliaConstitutionProtectionAct
(VerfassungsschutzgesetzNordrheinWestfalen)ononlinesearchesandonthereconnaissanceoftheinternetnullandvoid,
judgmentofFebruary27,2008,1BvR370/07AbsatzNr.(1267),
http://www.bverfg.de/entscheidungen/rs20080227_1bvr037007.html;Seealso,Pressreleaseno.22/2008,
http://www.bundesverfassungsgericht.de/en/press/bvg08022en.html.Formorebackgroundcf.WiebkeAbel/Burkhard
Schaferr,TheGermanConstitutionalCourtontheRightinConfidentialityandIntegrityofInformationTechnologySystemsa
casereportonBVerfG,NJW2008,822,2009,6:1SCRIPTed106,http://www.law.ed.ac.uk/ahrc/scripted/vol61/abel.asp.
95
ThisActenablessecretservicestointercept,monitor,andrecordprivatecommunications,includingthesurveillanceof
journalistsunderspecificconditions.Italsorestrictsjournalisticprivilegessuchastherighttorefusetogiveevidence.Gesetz
zurBeschrnkungdesBrief,PostundFernmeldegeheimnisses[Lawontherestrictionofcorrespondence,postsand
telecommunicationssecrecy],http://www.gesetzeiminternet.de/g10_2001/index.html.
96
BVerfG[FederalConstitutionalCourt],CiceroUrteil,judgmentofFebruary27,2007,1BvR538/06,AbsatzNr.(182),
http://www.bverfg.de/entscheidungen/rs20070227_1bvr053806.html;FortheEuropeancontext,seeDavidBanisar,Speaking
ofTerror:ASurveyoftheEffectsofCounterterrorismLegislationonFreedomoftheMediainEurope,CouncilofEurope,
2008,http://www.coe.int/t/dghl/standardsetting/media/Doc/SpeakingOfTerror_en.pdf.
97
Cf.thepressreleaseoftheFederalMinistryofJustice,March30,2012:http://bit.ly/1bhKUOP.
98
CodeofCriminalProcedure(StPO),53(1)5,http://www.gesetzeiminternet.de/englisch_stpo/englisch_stpo.html#p0198.
99
Cf.fn.54.
GERMANY

The German people mostly regard this provision as legitimate, particularly because it is generally
applied in the context of holocaust denials.100
Website owners or bloggers are not required to register with the government. However, due to
clauses in both the Telemedia Act (Telemediengesetz, TMG) and the Interstate Treaty on
Broadcasting (Rundfunkstaatsvertrag, RFStV), most websites and blogs need to have an imprint
naming the person in charge and contact address. The anonymous use of e-mail services, online
platforms, wireless internet access points, and public telephone booths are legal. Although the
Federal Minister of the Interior and some other members of the conservative parties have
repeatedly expressed their disapproval of anonymity on the internet,101 this situation is not likely to
change. With explicit references to the constitution, several courts have repeatedly affirmed the
right to anonymity and its necessity for the exercise of the constitutional right to freedom of
expression.102
The right of anonymity notwithstanding, the telecommunication act of 2004 stipulates that the
purchase of SIM cards requires registration, including the purchasers full name, address,
international mobile subscriber identity (IMSI), and international mobile station equipment identity
(IMEI) numbers if applicable.103 In this way, the growing penetration of mobile internet threatens
to further erode the possibility of anonymous communication.
The use of proxy servers is common in Germany, but more for the purpose of circumventing
copyright restrictions than to avoid censorship. There are no figures available for the extent of their
use.
Excessive interceptions by secret services formed the basis of a 2008 Federal Constitutional Court
ruling, which established a new fundamental right warranting the confidentiality and integrity of
information technology systems. The court held that preventive covert online searches are only
permitted if factual indications exist of a concrete danger that threatens the life, limb, and
freedom of the individual or the basis or continued existence of the state or the basis of human
existence. The court also established that any covert infiltration of information technology systems
requires a court order and that statutes permitting such infiltrations must contain precautions in
order to protect the core area of private life.104 Based on this Constitutional Court ruling, the
100
BVerfG,[FederalConstitutionalCourt]1BvR2150/08fromNovember4,2009,AbsatzNr.(1110),
http://www.bverfg.de/entscheidungen/rs20091104_1bvr215008.html;SeealsothePressreleaseno.129/2009of17
November2009,Orderof4November20091BvR2150/08130.4oftheCriminalCodeiscompatiblewithArticle5.1and
5.2oftheBasicLaw,http://www.bverfg.de/pressemitteilungen/bvg09129en.html.
101
Cf.AnnaSauerbrey,InnenministerFriedrichwillBloggerAnonymittaufheben[FederalMinisterofInteriorwantsto
abolishanonymityofbloggers],Tagessspielonline,August7,2011,http://www.tagesspiegel.de/politik/internetinnenminister
friedrichwillbloggeranonymitaetaufheben/4473060.html.
102
E.g.Oberlandesgericht(OLG)Hamm[GermanFederalCourtofAppealsHamm],FileI3U196/10,August3,2011,
http://www.justiz.nrw.de/nrwe/olgs/hamm/j2011/I_3_U_196_10beschluss20110803.html.
103
TelecommunicationsAct(TKG),111,http://www.bfdi.bund.de/EN/DataProtectionActs/Artikel/TelecommunicationsAct
TKG.pdf?__blob=publicationFile.
104
Bundesverfassungsgericht[FederalConstitutionalCourt],ProvisionsintheNorthRhineWestphaliaConstitutionProtection
Act(VerfassungsschutzgesetzNordrheinWestfalen)ononlinesearchesandonthereconnaissanceoftheInternetnullandvoid,
judgmentofFebruary27,2008,1BvR370/07;Formorebackgroundcf.WAbelandBSchafer,TheGermanConstitutional
GERMANY

Federal Parliament passed an act in 2009 authorizing the Federal Bureau of Criminal Investigation
(BKA) to conduct covert online searches to prevent terrorist attacks on the basis of a warrant.105 In
addition to online searches, the act authorizes the BKA to employ methods of covert data
collection, including dragnet investigations, surveillance of private residences, and the installation
of a program on a suspects computer that intercepts communications at their source.
The amended telecommunication act of 2013 reregulates the stored data inquiry requirements
(Bestandsdatenauskunft).106 Under the new provision, approximately 250 registered public agencies,
among them the police and customs authorities, are authorized to request from ISPs both
contractual user data and sensitive data, such as PINs, passwords, and dynamic IP addresses.
While the 2004 law restricted the disclosure of sensitive user data to criminal offenses, the
amended act extends it to cases of misdemeanors or administrative offenses. Additionally,
whereas the disclosure of sensitive data and dynamic IP addresses normally requires an order by
the competent court, contractual user data (such as the users name, address, telephone number,
and date of birth) can be obtained through automated processes. The requirement of judicial
review (Richtervorbehalt) has been subject to two empirical studies, both of which found that in the
majority of cases a review by a judge does not take place.107 Data protection experts criticize the
lower threshold for intrusions of citizens privacy as disproportionate. Two members of the Pirate
Party and a lawyer who had already filed the complaint against the data retention law in 2007 have
filed a new constitutional complaint against the telecommunication act.108
Telecommunications interception by state authorities for reasons of criminal prosecution is
regulated by the code of criminal procedure (StPO) and is understood as a serious interference
with basic rights. It may only be employed for the prosecution of serious crimes for which specific
evidence exists and when other, less-intrusive investigative methods are likely to fail. According
to recent statistics published by the Federal Office of Justice, there were a total of 21,118 orders
for telecommunications interceptions in 2011, of which 1,345 concerned internet
communications.109 This is an increase of about 35 percent compared to 2010. There were also a
CourtontheRightinConfidentialityandIntegrityofInformationTechnologySystemsacasereportonBVerfG,NJW2008,
822,(2009)6:1SCRIPTed106,http://www.law.ed.ac.uk/ahrc/scripted/vol61/abel.asp.
105
DirkHeckmann,AnmerkungenzurNovellierungdesBKAGesetzes:Sicherheitbraucht(valide)Informationen[Comments
ontheamendmentoftheBKAact:Securityneedsvalidinformation],InternationalesMagazinfrSicherheitnr.1,2009,
www.imsmagazin.de/index.php?p=artikel&id=1255446180,1,gastautor.
106
Bundesrat,MehrRechtssicherheitbeiBestandsdatenauskunft[Morelegalcertaintyforstoreddatainquiry],Pressrelease
no.251/2013,May3,2013,http://www.bundesrat.de/DE/presse/pm/2013/0942013.html.
107
TwoindependentstudiesfrombytheUniversittofBielefeld(2003:WerkontrolliertdieTelefonberwachung?Eine
empirischeUntersuchungzumRichtervorbehaltbeiderTelefonberwachung[Whocontrolstelecommunicationsurveillance?
Anempiricalinvestigationonjudicialoverviewoftelecommunicationsurveillance],editedbyOttoBackesandChristophGusy,
2003)andMaxPlanckInstitutInstituteforForeignandInternationalCriminalLaw(HansJrgAlbrecht,ClaudiaDorsch,
ChristianeKrpe2003:RechtswirklichkeitundEffizienzderberwachungderTelekommunikationnachden100a,100bStPO
undandererverdeckterErmittlungsmanahmen[Legalrealityandefficiencyofwiretapping,surveillanceandothercovert
investigationmeasures],http://bit.ly/wDVLS5)evaluatedtheimplementationofjudicialoversightoftelecommunication
surveillance.Bothstudiesfoundthatneitherthemandatoryjudicialoversightnorthedutyofnotificationofaffectedcitizens
arecarriedout.AccordingtothestudybytheMaxPlanckInstitute,only0,4%oftherequestsforcourtordersweredenied.
108
Breyer,Patrick,VerfassungsbeschwerdegegenBestandsdatenauskunfteingereicht[Constitutionalcomplaintagainst
storeddatainquirysubmitted],July1,2013,http://bestandsdatenauskunft.de/?p=357.
109
BundesamtfrJustiz[FederalOfficeofJustice],bersichtTelekommunikationsberwachung(Manahmennach100a
StPO)fr2011,July23,2012[Summaryoftelecommunicationsurveillancefor2011]http://bit.ly/18aJxwx.
GERMANY

total of 14,153 orders requesting internet traffic data in 2011.110 Surveillance measures conducted
by the secret services under the Act for Limiting the Secrecy of Letters, the Post, and
Telecommunications exceed these figures. For 2011, the competent Parliamentary Control Panel
reported that a total of 2.8 million telecommunications most of them e-mail were scanned, of
which only 290 were considered relevant. 111 The e-mail contents were scanned for keywords
relating to certain areas of risk, namely international terrorism, proliferation of arms and other
military technology, and human smuggling.112
For purposes of criminal prosecution, since 2009, the German police have used Trojan-like pieces
of software to spy on criminal suspects. The Trojan, programmed by the commercial manufacturer
DigiTask, not only enables the police to legally eavesdrop on encrypted conversations but also has
the potential for a wider range of actions, some of which are illegal. Among these illegal
encroachments are the searching of digital devices, logging of keystrokes, and planting of
backdoors that allow for the remote installation of additional software or insertion of false
evidence. Five German states admitted to the use of the Federal Trojan (Bundestrojaner) but denied
the use of any illegal functions.113 Due to the considerable public criticism following the
Bundestrojaner affair, the Federal Police decided to develop in-house capacity to produce its own
lawful intrusion software. More controversially, the Federal Police have purchased
FinFisher/FinSpy IT, another commercial spyware, for the transition period until its own solution
is operational.114
Recent evidence shows that German police authorities regularly make use of radio cell queries for
criminal investigation.115 In the states of Berlin and Saxony, for example, radio cell queries were
used in 2012 in the context of criminal investigations for which millions of data records were
110
BundesamtfrJustiz,bersichtVerkehrsdatenerhebung(Manahmennach100gStPO)fr2011[Summaryoftraffic
datacollection],July23,2012,http://bit.ly/179zDvJ.
111
Theseareaggregatedfiguresrelatedtothethreeareasofriskinwhichscanningstookplaceaccordingtothereportofthe
ParliamentaryControlPanel.Cf.DeutscherBundestag,Drucksache17/12773,March14,2013,p.7,
http://dip21.bundestag.de/dip21/btd/17/127/1712773.pdf.Pleasenotethattheannuallypresentednumbersdonotreferto
thelastyearbuttotheyearbefore,i.e.2011.TheParliamentaryControlPanelperiodicallyreportstotheparliamentand
nominatesthemembersoftheG10Commission.TheG10Commissioncontrolssurveillancemeasuresandisalsoresponsible
foroverseeingtelecommunicationsmeasuresundertakenonthebasisoftheCounterterrorismActof2002andthe
AmendmentActof2007.Seealso:http://www.bundestag.de/htdocs_e/bundestag/committees/bodies/scrutiny/index.html.
112
Cf.thereportoftheParliamentaryControlPanel:DeutscherBundestag,Drucksache17/12773,March14,2013,p.6,
http://dip21.bundestag.de/dip21/btd/17/127/1712773.pdf.
113
DeutscheWelle,SeveralGermanstatesadmittouseofcontroversialspysoftware,October11,2011,
http://www.dw.de/dw/article/0,,15449054,00.html.
114
Meister,Andre,SecretGovernmentDocumentReveals:GermanFederalPolicePlansToUseGammaFinFisherSpyware,
netzpolitik.org,January16,2013,http://bit.ly/10zhgPA;Fortheclassifieddocumentsee:BerichtzurNr.10desBeschlusses
desHaushaltsausschussesdesDeutschenBundestageszuTOP20der74.Sitzungam10.November2011[ReportofArticle10
ofthedecisionoftheParliament'sBudgetCommittee],https://netzpolitik.org/wpupload/BMIBerichtSachstandCC
TK%C3%9C.pdf;EDRI,DetailsonGermanStateTrojanprogramme,October24,2012,
http://www.edri.org/edrigram/number10.20/detailsgermanstatespywareStaatstrojaner.
115
BerlinCommissionerforDataProtectionandFreedomofInformation,AlexanderDix:Abschlussberichtzurrechtlichen
berprfungvonFunkzellenabfragen[Reportonthelegalexaminationofradiocellqueries],p.16,http://www.datenschutz
berlin.de/attachments/896/Pr__fbericht.pdf?1346753690.DataarecurrentlyavailableforthestatesofBerlinandSaxony.In
bothstatesradiocellquerieswereusedin2012forhundredsoflawsuitsforwhichmillionsofdatarecordswerecollected.
GERMANY

collected without informing the individuals affected, as required by law.116 The extensive use of
radio cell queries has raised questions of proportionality.117
A constitutional complaint filed by ISPs in 2012 successfully challenged the existing provisions
that mandated ISPs to retain customer data and provide information on users' contractual data,
PIN numbers, keys, and passwords to law enforcement agencies and secret services upon
request.118 The Federal Constitutional Court held that these provisions breach the individual right
of self-determination over personal information of the Basic Law. The Federal Constitutional
Court particularly criticized as partly unconstitutional the duty of telecommunications providers
to provide information about passwords and other access protection measures.119
Following the EU Data Retention Directive, the 2007 Law on the Revision of Telecommunications
Monitoring and other Covert Investigation Measures and on the Implementation of Directive
2006/24/EC mandated that ISPs and mobile phone companies have to retain traffic data for six to
seven months to facilitate criminal investigations. A constitutional complaint led to the repeal of the
national data retention provisions in 2010.120 The German government has not transposed the EU
Data Retention Directive within the stipulated timeframe into German law and does not intend to
do so.121 On May 31, 2012, the European Commission filed a complaint against the German
government due to non-compliance, proposing that the court impose a daily penalty payment of
315,036.54.122
A 2012 survey by the German Federal Network Agency shows that, in the absence of a legal
obligation for data retention, the four major mobile communications providers in Germany
continue to store user data for a period of between 7 and 210 days.123
116
E.g.inBerlin,inthefirsthalfof2012,128lawsuitswithradiocellqueriesand200realizedqueries.In302analysedcases
(200904/2012)morethan6,619,155datasetshavebeenrecorded,showninthishandoutoftheBerlinChamberofDeputies,
ErgebnissederpolizeilichenAuswertungFunkzellenabfragen[Resultsofthepoliceinvestigationonradiocellqueries],
https://www.piratenfraktionberlin.de/wpcontent/uploads/2012/08/0480_001.pdf.Cf.alsoAndreMeister,
Funkzellenabfragegehtweiter:JederBerlineristjedesJahrzweiMalverdchtig[Radiocellqueriescontinue:Eachcitizenof
Berlinissuspectedtwiceayear],August28,2012,https://netzpolitik.org/2012/funkzellenabfragegehtweiterjederberliner
istjedesjahrzweimalverdachtig/;InSaxony60caseshavebeenreportedfromJanuarytoSeptember2012:Saxon
Parliament,Drs5/10379,http://ws.landtag.sachsen.de/images/5_Drs_10379_1_1_4_.pdf.
117
BerlinCommissionerforDataProtectionandFreedomofInformation,2012,seefootnote35,p.17;LandgerichtDresden
[DistrictCourtofDresden]Az.15Qs34/12,http://bit.ly/15RxTaL.
118
DokumentationsundInformationssystemfrParlamentarischeVorgnge,Gesetzzurnderungdes
TelekommunikationsgesetzesundzurNeuregelungderBestandsdatenauskunft[ActtoamendtheTelecommunicationsAct
andtherevisionoftheexistingstoreddatainquiry],ID:1748610,
http://dipbt.bundestag.de/extrakt/ba/WP17/486/48610.html.
119
Bundesverfassungsgericht[FederalConstitutionalCourt],judgmentofJanuary24,2012,1BvR1299/05,AbsatzNr.(1192),
http://www.bverfg.de/entscheidungen/rs20120124_1bvr129905.html
120
BVerfG,judgmentofMarch2,2010,1BvR256/08,AbsatzNr.(1345),
http://www.bverfg.de/entscheidungen/rs20100302_1bvr025608.html.
121
NikolasBusse,JedenTag315.036,54EuroStrafe[ForeachdayafineofEuro315,036.54],FAZ.net,May31,2012,
http://www.faz.net/gpg709kp.
122
EuropeanCommission,Dataretention:CommissiontakesGermanytoCourtrequestingthatfinesbeimposed,Press
releaseIP/12/530,May31,2012,http://europa.eu/rapid/pressrelease_IP12530_en.htm.
123
Speicherdauer[durationofstorage],http://wiki.vorratsdatenspeicherung.de/images/BNetzA_Speicherdauer.pdf
GERMANY

German authorities also request user data from internet content providers. From JulyDecember
2012, Google reported an increasing number of requests (1,550 compared to 1,426 requests for
the same period in 2011), putting Germany at number four on the list of the countries that request
the most user data, behind the United States, India, and France.124 Microsoft reported 8,419
requests, affecting 13,226 accounts. In 7,088 of these cases (84.2 percent), at least some customer
data was disclosed. Skype data has been listed separately: in 2012, there were 686 requests,
affecting 2,646 accounts.125
There are no legal obligations to report security breaches. However, according to the Federal
Ministry of Interior, approximately 1,100 cyberattacks took place in 2012. As a response to these
estimates, the ministry has developed a Cyber Security Strategy for Germany, thereby following
the global trend to improve the security of information networks in a proactive manner.126 On June
16, 2011, Germanys Interior Minister Hans-Peter Friedrich introduced the new National Cyber
Response Centre tasked to optimize the cooperation between several federal authorities and
agencies such as the Federal Office for Information Security (BSI) and the Federal Office for the
Protection of the Constitution (BfV). The Cyber Response Centre is a sub-unit of the Ministry of
Interior with 10 permanent employees.127 In addition, a National Cyber Security Council was
founded in 2011. It consists of government officials and associated business representatives who
meet at least three times a year. Academic experts can be invited if required.128 In March 2013, the
Federal Ministry of the Interior proposed a law to improve the security of information networks
which would have made it a mandatory obligation for telecommunication firms and critical
infrastructure operators to report security breaches to the Federal Office for Information Security
(BSI).129 The Federal Ministry of Economics and Technology blocked the legislative draft in the
early consultation phase. Digital rights advocates criticized the legislative proposal because it did
not include a notification of users in case of security breaches. Industry associations, on the other
hand, feared potential costs and bureaucratic burdens of notifying the Federal Office for
Information Security.130
124
Google,GoogleTransparencyReport.UserDataRequests.Germany.JulytoDecember2012,2013,
http://www.google.com/transparencyreport/userdatarequests/DE/?hl=en_US.
125
Microsoft,2012LawEnforcementRequestsReport,http://www.microsoft.com/about/corporatecitizenship/en
us/reporting/transparency/.
126
"GermanfirmsseerisingChinesecyberattacks,"February24,2013,http://www.thelocal.de/scitech/2013022448165.html.
Cf.alsoFederalMinistryoftheInterior,CyberSecurityStrategyforGermany,EditionFebruary2011,p.8,
http://www.cio.bund.de/SharedDocs/Publikationen/DE/StrategischeThemen/css_engl_download.pdf?__blob=publicationFile.
127
FederalMinistryoftheInterior,BundesinnenministerDr.HansPeterFriedricherffnetdasNationaleCyber
Abwehrzentrum[GermanysInteriorMinisterHansPeterFriedrichintroducedthenewnationalNationalCyberResponse
Centre],PressRelease,June16,2013.Cf.alsoFederalMinistryoftheInterior,CyberSecurityStrategyforGermany,Edition
February2011,p.9,http://www.cio.bund.de/SharedDocs/Publikationen/DE/Strategische
Themen/css_engl_download.pdf?__blob=publicationFile.
128
ChristianTretbar,Friedrich:SpeichernvonDatendienteinem'edlenZweck[Friedrich:Datastorageprovidesforagood
cause],July14,2013,http://bit.ly/143AqhH.
129
Cf.FederalMinistryoftheInterior,EntwurfeinesGesetzeszurErhhungderSicherheitinformationstechnischerSysteme
[Draftlegislativeproposalforimprovingthesecurityofinformationnetworks],March5,2013,http://bit.ly/XsVWs1.
130
Cf.AndreMeister,ITSicherheitsgesetzvordemAus:WirtschaftverhindertMeldepflichtberSicherheitsvorflle[Cyber
securitylawonthebrink:Industryblocksreportingobligationforsecuritybreaches],June5,2013,
https://netzpolitik.org/2013/itsicherheitsgesetzvordemauswirtschaftverhindertmeldepflichtubersicherheitsvorfalle/.
GERMANY

In June 2012, the media reported the establishment of a new cyberwarfare unit within the German
military forces (Bundeswehr). However, the unit is said to be poorly staffed compared to its
international allies.131
131
TheEconomicTimes,Germanypreparesspecialunittotacklecyberattack,June6,2012,
http://articles.economictimes.indiatimes.com/20120606/news/32079025_1_cyberwarfarecyberattackspecialcyber.Cf.
alsoKuhnJohannes,DeutschlandsHackertruppebtnoch[Germanyshackingunitstillpractices],June5,2012,
http://www.sueddeutsche.de/digital/bundeswehrimcyberwardeutschlandshackertruppeuebtnoch1.1374819.
GERMANY
HUNGARY
2012 2013

Total (0-100)
FREE FREE
5
6
8
19
5
8
10
23


Revisions to the criminal code, passed on June 25, 2012 and scheduled to take effect in
July 2013, could allow the government to block websites if host providers fail to
respond to takedown notices (see LIMITS ON CONTENT).
The Supreme Court fined two blog owners for defamation based on readers' comments,
even though the comments were deleted (see VIOLATIONS OF USER RIGHTS).
The fourth modification of the constitution annulled previous decisions of the
Constitutional Court, causing uncertainty as to how previous legal protections,
particularly regarding free speech, will be interpreted (see VIOLATIONS OF USER
RIGHTS).
HUNGARY

INTRODUCTION
When Hungary transitioned from a one-party state to a parliamentary democracy in 19891990,
very few people were using the internet in the country. In the following years, dial-up connections
spread and the number of users expanded, particularly in the 2000s when the price of internet
started to decrease while the availability of broadband connections increased. Today, a majority of
the population is online. Information and communication technologies (ICTs) are being used not
only for social activities and newsgathering, but also increasingly for political activism.
In the 2010 parliamentary elections, the conservative Hungarian Civic Union (Fidesz) and its ally,
the Christian Democratic Peoples Party (KDNP), won a 53 percent majority,1 granting them more
than two-thirds of the seats in parliament and enabling them to draft and accept a series of laws
without meaningful political or public consultation.2 The new laws regulating the media, including
online media outlets and news portals, are of particular concern.3 A new regulatory authority, the
National Media and Infocommunications Authority (NMHH) and its decision-making body, the
Media Council, were also established to oversee the mass communications industry, with the
power to penalize or suspend outlets that violate stipulations of the media regulations. In April
2011, the national assembly adopted a new constitution, the Fundamental Law of Hungary, which
includes a provision concerning the supervision of the mass communications industry and the media
as a whole. The parliament also created the National Agency for Data Protection, whose independence
has been called into question due to the political appointment process of the agencys leadership.
Immediately after the 2010 media laws were passed, Hungary came under fierce criticism from the
international community, as the laws were deemed incompatible with the values of the European
Union. Despite the modifications to the media laws in May 2012 based on the ruling of the
Hungarian Constitutional Court in December 2011, members of the Organization for Security and
Co-operation in Europe (OSCE) and the Council of Europe have argued that the laws remain
unsatisfactory, and that unclear provisions and the significant power given to the NMHH continue
to threaten media freedom.4 In particular, high fines can be imposed on all types of media outlets
by the one-party Media Council based on an obscure content provision. In January 2013, the
Council of Europe welcomed the results of the dialogue with the Hungarian government about
media regulation,5 while domestic nongovernmental organizations (NGOs) expressed their
continued concerns to the Secretary General of the Council of Europe.6
1
Toplist,ParliamentaryElectionof2010,April25,2010,NationalElectionOffice,http://bit.ly/1bhDO9u.
Formoredetailsabouttheoverhaulofthelegislature,seeDemocracyandHumanRightsatStakeinHungary.TheViktor
OrbnGovernment'sdriveforcentralisationofpower,"NorwegianHelsinkiCommittee,2013,http://bit.ly/WrcX3T,andin
general,whathasbeenhappeninginHungarysincethe2010parliamentaryelectionsseeKimLaneScheppele'sTestimonyat
theHelsinkiCommissionHearingonHungary,March19,2013,http://bit.ly/Y1Cu8c.
3
ActCIVof2010onthefreedomofthepressandthefundamentalrulesonmediacontent,http://bit.ly/1hbKJBW;ActCLXXXV
of2010onmediaservicesandonthemassmedia,http://bit.ly/197GmZJ.
4
RevisedHungarianmedialegislationcontinuestoseverelylimitmediapluralism,saysOSCEmediafreedomrepresentative,
OrganizationforSecurityandCooperationinEurope,May25,2012,http://www.osce.org/fom/90823.
5
SecretaryGeneralwelcomeschangestoHungarianlawsonmediaandjudiciary,CouncilofEurope,January29,2013,http://bit.ly/WuGSZY.
6
LetterofHungarianNGOsonMediaLegislationtoMr.ThorbjrnJagland,SecretaryGeneral,CouncilofEurope,Standards
MediaMonitor,February4,2013,http://bit.ly/197GoRm.
2
HUNGARY

OBSTACLES TO ACCESS
According to the International Telecommunication Union (ITU), internet penetration in Hungary
stood at 72 percent in 2012, up from 53 percent in 2007,7 while the National Media and
Infocommunications Authority of Hungary (NMHH) reported in late 2012 that there were over
two million broadband internet subscriptions in a country of ten million inhabitants.8 NRC, a
company specializing in internet market research in Hungary, puts the internet penetration at 63
percent in 2012.9 In 2011, 50 percent of households had an internet subscription, the
overwhelming majority using a broadband connection.10 Dial-up internet service is not widely
used. The ITU and NMHH also recorded a mobile phone penetration rate of 117 percent and 2.94
million mobile internet subscriptions,11 while over 78 percent of residential areas had 3G coverage
by mid-2012.12 In 2012, only 26 percent of the population had never used the internet, a decrease
from 52 percent in 2006.13 A 2011 Eurobarometer survey found that the main reasons why
Hungarian households do not have internet subscriptions were that the monthly subscription was
too expensive, the cost of buying a computer and modem was too high, or that no one in the
household had an interest in using the internet.14
There are geographical, socioeconomic, and ethnic differences in Hungarys internet penetration
levels, with lower access rates found in rural areas15 and among the Roma community, the
countrys largest ethnic minority.16 An industrial expert noted that internet use is largely
determined by age and education, resulting in a higher concentration of internet users in cities,
since most young people leave rural areas to attend universities or get jobs in urban centers. He
added that in 2012, among users between 1524 years of age, the internet penetration was over 90
percent; similar rates were found among users having a degree.17
subscriptions,fixed(wired)broadbandsubscriptions,2007&2012,accessedJuly25,2013,http://bit.ly/6bZQ1.
8
Flashreportonwirelineservice,NationalMediaandInfocommunicationsAuthority(NMHH),October2012,
http://nmhh.hu/dokumentum/154927/vezetekes_gyj_2012_okt_eng.pdf.
9
Internetpenetrcisadatok[Internetpenetrationdata],2012/II,http://nrc.hu/kutatas/internet_penetracio.
10
SpecialEurobarometer362,Ecommunicationshouseholdsurvey(Eurobarometer,July2011):4965,http://bit.ly/nMMupu.
11
Flashreportonmobileinternet,NMHH,October2012,http://bit.ly/1azZkFJ;Hungary'spopulationwas9,958,000inearly
2012.See,Population,vitalstatistics,HungarianCentralStatisticalOffice(KSH),http://bit.ly/1bj3WEr.
12
Flashreportonmobileinternet,NMHH,June2012,http://bit.ly/1azZkFJ.
13
Individualswhohaveneverusedtheinternet.Percentageofindividualsaged16to74,Eurostat,accessedDecember27,
2012,http://epp.eurostat.ec.europa.eu/tgm/table.do?tab=table&init=1&plugin=1&language=en&pcode=tin00093.
14
SpecialEurobarometer362,Ecommunicationshouseholdsurvey(Eurobarometer,July2011):56.
15
AnnaGalcz,IthakaKht,eds.,Adigitlisjvtrkpe.Amagyartrsadalomsazinternet.JelentsaWorldInternetprojekt
2007.vimagyarorszgikutatsnakeredmnyeirl[Themapofthedigitalfuture.TheHungariansocietyandtheinternet.
Reportontheresultsofthe2007WorldInternetProject'sHungarianresearch],(Budapest:2007):20.
16
Statisticallyspeaking,someonewhoisyounger,studying,workingorhasadegree,andlivinginthecapitalorinacityismore
likelytouseinternetthantheelderly,unemployedorpensioner,withlowereducationalbackground,livinginavillage.See,
WorldInternetProject(WIP),ReportontheHungarianResearchfortheWorldInternetProject2007(Budapest:Ithaka,2008):
26,http://worldinternetproject.com/_files/_Published/_oldis/Hungary_Report_2007.pdf;Internetriport2011/Q3[Internet
report2011/Q3],Nrc.hu,2011,http://nrc.hu/index.php?name=OEeLibrary&file=download&keret=N&showheader=N&id=215.
17
ImreKurucz,Hogyantovbb,internetpenetrci?[What'snextinternetpenetration?],In:Marketingkutat[Marketing
Researcher]Nr.3,Winter2012,p.24.
HUNGARY

The National Core Curriculum for 2013 drastically decreased the number of IT classes in primary
and high schools,18 possibly maintaining and further increasing the digital divide between social
groups, as children coming from poor families may not have access to computers and other digital
devices in their homes. Most internet users access the internet from home, work, and school, while
access at internet cafes and telecottages (local community centers) is less common.19 The use of
gadgets like smartphones, tablets, netbooks, and e-books to access the internet is increasing.20 In
2012, approximately 28 percent of phones used in Hungary were smartphones.21 Additionally, an
increasing number of widely-used software and websites are available in Hungarian, and there are
several Hungarian blog-hosting sites. By mid-2013, there were more than 634,000 registered .hu
domains22 recorded at some 150 companies.23
The government does not restrict bandwidth, routers, or switches,24 and backbone connections are
owned by telecommunications companies.25 Legally, however, internet and other
telecommunications services can be paused or limited in instances of unexpected attacks, for
preemptive defense, or in states of emergency or national crisis.26 The Budapest Internet eXchange
(BIX) is a network system that maintains the Hungarian internet traffic between domestic internet
service providers (ISPs), and is overseen by the Council of Hungarian Internet Service Providers
(ISZT)27 without any governmental interference.28
Nine ISPs share 88 percent of the total fixed broadband market,29 and there are three mobile phone
service providers, all privately owned by foreign companies.30 The existence of only three mobile
phone service providers (in addition to the resellers that use the networks of the three major
mobile phone service providers) has created a relatively stagnant market in terms of mobile internet
network expansion. In January 2012, a consortium of state-owned companies won a mobile
18
Digitlisanalfabtkatkpeznekaziskolk,[Schoolseducatedigitallyilliterates],MiklsHargitai,Nol.hu,October22,2012,
http://nol.hu/belfold/20121022digitalis_analfabetakat_kepeznek.
19
WorldInternetProject,MapoftheDigitalFuture:HungarianSocietyandtheInternet,2007,http://bit.ly/18eRcu0.
20
Mrmindenharmadikneteznekvanokostelefonja,[Everythirdnetizenhaveasmartphone],Nrc.hu,February2012,
http://nrc.hu/hirek?page=details&oldal=1&news_id=625&parentID=644.
21
ChristmaspresentsgettingsmarterSmartphonesarealltherage,Enet.hu,November27,2012,
http://www.enet.hu/en/news/christmaspresentsgettingsmartersmartphonesarealltherage/.
22
Thenumberofdomainsunderthe.hupublicdomains,CouncilofHungarianInternetProviders,May1,2013,
http://www.nic.hu/English/statisztika/.
23
Listofregistrars,Official.hudomainregistry,accessedApril27,2013,http://www.domain.hu/domain/English/.
24
ZoltnKalmr,CouncilofHungarianInternetServiceProviders,emailcommunication,January24,2012.
25
Magyarorszginternetesinfrastruktrja[Hungary'sinternetinfrastructure],Rentit.hu,January29,2010,
http://www.rentit.hu/huHU/Cikk/erdekessegek/magyarorszaginternetesinfrastrukturaja.rentit.
26
ActCXIIIof2011onhomedefense,MilitaryofHungary,andtheimplementablemeasuresunderspeciallegalorder,Art.68,
par.5.
27
BIXCharter,BudapestInternetExchange(BIX),April21,2009,http://bix.hu/?lang=en&page=charter.
28
ZoltnKalmr,CouncilofHungarianInternetServiceProviders,emailcommunication,January24,2012.
29
Majorinternetserviceprovidersare:THomewitha34.7percentmarketshare,UPC21.8percent,andDIGI13.6percent.In
2012UPCacquiredRubiCom,bringingthenumberofmajorserviceprovidersfromtentonine.SeeFlashreportonwireline
service,NationalMediaandInfocommunicationsAuthority(NMHH),October2012,
http://nmhh.hu/dokumentum/154927/vezetekes_gyj_2012_okt_eng.pdf.
30
Thethreemobilephonecompaniesare:TMobilewitha46percentmarketshare,Telenor31percent,andVodafone23
percent.SeeFlashreportonmobilephone,NMHH,
http://english.nmhh.hu/dokumentum/155178/mobil_hang_jelentes_2012_november_eng.pdf,November2012.
HUNGARY

frequency tender;31 however, in September 2012, the Budapest Metropolitan Court annulled the
decision by the NMHH to award these frequencies to the state-owned consortium, as well as
cancelling the award of additional frequencies to the other three companies in the same auction,
thus delaying the spread of 3G networks.32
In 2012, despite earlier promises, the government decided to keep the special tax that had been
levied on the telecommunication industry since 2010 in an effort to meet the nations budget
requirements.33 The European Commission asked the government to amend these taxes, which it
viewed as discriminatory toward foreign companies, and referred the case to the European Court of
Justice when Hungary failed to change the taxes. The case is still pending,34 however, the
government decided to withdraw the tax regardless.35 In mid-2012, the government introduced a
tax on mobile phone calls and text messages (a maximum of $3 monthly for individual
subscribers),36 to counterbalance the withdrawal of the special tax, which also induced an
infringement proceeding from the European Commission against Hungary.37 Almost all mobile
service providers have since raised their prices.38
The National Media and Infocommunications Authority of Hungary (NMHH) and the Media
Council, established under the 2010 media laws, are responsible for overseeing and regulating the
mass communications industry. The Media Council is the NMHHs decision-making body related
to media outlets, and its responsibilities include allocating television and radio frequencies and
penalizing violators of media regulations. The members of the Media Council are nominated and
elected by the governing two-thirds parliamentary majority.39 Previously, the president of the
NMHH was also the president of the Media Council, and was appointed directly by the prime
minister for a nine-year term, indicating the councils lack of independence.40 However, after
consultations with industry leaders and the Council of Europe in January 2013, the government
decided to amend the media regulation so that the president of the Media Council will now be
appointed by the president of the republic, based on the proposal of the prime minister, for a nonrenewable nine-year term.41
31
Staterunconsortiumbagsbiggestfrequencyblockatauction,Bbj.hu,January31,2012,
http://www.bbj.hu/business/updatestaterunconsortiumbagsbiggestfrequencyblockatauction_62585.
32
Hungariancourtannulsmobilefrequencytenderresults,September17,2012,EdithBalazs,Bloomberg.com,
http://www.bloomberg.com/news/20120917/hungariancourtannulsmobilefrequencytenderresults1.html.
33
EUasksHungaryforchangein'discriminatory'specialtaxes,AoifeWhiteandEdithBalazs,Bloomberg.com,November21,
2012,http://www.bloomberg.com/news/20121121/euaskshungaryforchangeindiscriminatoryspecialtaxes1.html.
34
EuropeanCommissionvs.Hungary,CaseC462/12,November23,2012.
35
GirSzsz:okafogyottBrsszelhozznkintzettfelhvsa,[GirSzsz:Brusselsisappealinginvain],Hvg.hu,November23,
2012,http://hvg.hu/gazdasag/20121123_GiroSzasz_EU.
36
HungaryphonetaxburdenmayaffectMagyarTelekomdividend,AndrasGergely,Bloomberg.com,May10,2012,
http://www.bloomberg.com/news/20120510/hungarytaxmayhitmagyartelekomdividendmattheisensays1.html.
37
EUsaysHungary'srevampedtelecomtaxisillegal,Reuters.com,January24,2013,
http://www.reuters.com/article/2013/01/24/euhungarytelecomidUSL6N0ATA8J20130124.
38
Holsmennyiveldrgbbatelefonlsatelefonadmiatt?,[Whereandhowmoreexpensivephonecallsareduetothe
phonetax?],CsabaBalogh,Hvg.hu,July7,2012,http://hvg.hu/Tudomany/20120707_telefonado_aremelkedesek.
39
ActCLXXXVof2010,Art.124.
40
ActCLXXXVof2010,Art.111,par.3.
41
Elkszltamdiatrvnymdostsa,[Theamendmentofthemediaregulationisready],ImreBednrik,Nol.hu,February
16,2013,http://nol.hu/belfold/elkeszult_a_mediatorveny_modositasa.
HUNGARY

Despite these modifications, some of the decisions of the Media Council have been regarded as
politicized. For instance, an analysis by the Standards Media Monitor showed that during the 2011
radio frequency allocation process, preference was given to a few applicants, who received nearly
half of the available frequencies.42 Organizations such as Human Rights Watch criticized this
process and highlighted it as an example of the declines in media freedom.43 In January 2012, the
NMHH accepted only one new registration application for a mobile phone frequency tender from a
consortium of state-run companies, rejecting all other applicants based on formal deficiencies,44
although this award was later annulled by the Budapest Metropolitan Court.
With the newly adopted Fundamental Law of Hungary, in operation since January 2012, the
governing parties prematurely ended the six-year term of the well-functioning Data Protection
Commissioner, replacing the former office with the National Agency for Data Protection. The head
of the new agency is appointed by the prime minister for a nine-year term and can be dismissed by
the president or prime minister on arbitrary grounds,45 calling into question the independence of
the agency.
LIMITS ON CONTENT
The government does not currently mandate any type of technical filtering of websites, blogs, or
text messages,46 though online content is somewhat limited as a result of self-censorship, lack of
revenue for independent media outlets online, and the dominance of the state-run media outlet.
The government does not place any restrictions on access to Web 2.0 applications: YouTube,
Facebook, Twitter, international blog-hosting services, instant messaging, person-to-person
communication, and other Web 2.0 applications are freely available. However, while there are
currently no mechanisms in place for blocking online content, the revisions to the criminal code,
which were passed on June 25, 2012 and are scheduled to take effect on July 1, 2013, include
provisions that could force ISPs to block unlawful content.
The revisions to the criminal code stipulate that unlawful content on the internet can be made
inaccessible,47 or that ISPs can be obliged to block content in order to fight child pornography,
crimes against the state, and terror attacks.48 For example, if a host provider fails to respond to
42
TheMediaCouncil'stenderproceduresforbroadcastingfrequencies,StandardsMediaMonitor,
http://www.mertek.eu/en/reports/themediacouncilstenderproceduresforbroadcastingfrequenciesexecutivesummary.
43
MemorandumtotheEuropeanUniononMediaFreedominHungary,HumanRightsWatch,February16,2012,
http://www.hrw.org/news/2012/02/16/memorandumeuropeanunionmediafreedomhungary.
44
Staterunconsortiumbagsbiggestfrequencyblockatauction,Bbj.hu,January31,2012,
http://www.bbj.hu/business/updatestaterunconsortiumbagsbiggestfrequencyblockatauction_62585.
45
ActCXIIof2011ondataprotectionandfreedomofinformation,Section40,par.1,3;Section45,par.45,
http://www.naih.hu/files/ActCXIIof2011_mod_2012_05_09.pdf.
46
ThefailedAntiCounterfeitingTradeAgreement(ACTA)wouldhavenotimposedanystricterrulesrelatedtointellectual
propertythantheoperatingHungarianlaws,accordingtotheNationalBoardAgainstCounterfeiting.See,Krdseksvlaszok
aHamistsElleniKereskedelmiMegllapodsrl(ACTA)[QuestionsandAnswersontheAnticounterfeitingTradeAgreement
(ACTA)],February3,2012,http://bit.ly/14Tt2EX.
47
ActCof2012ontheCriminalCode,Art.77.
48
Abandoningsafeharbours:Hungarianonlinefreedomsatrisk,EuropeanDigitalRights,November21,2012,
http://www.edri.org/edrigram/number10.22/hungarianonlinefreedomsabandon.
HUNGARY

take-down notices regarding illegal content, ISPs would then be required to block users access to
the site. The new code also includes plans for a non-transparent blacklist handled by the NMHH,
under which ISPs could be obligated to temporarily block content even before a court ruling.49 As
the blacklist would not be public and the process by which websites are placed on the list is not
transparent, there are concerns that it might trigger self-censorship among bloggers.
Anyone can launch a blog or a website to freely express his or her opinion. Nevertheless, the 2010
media laws contain several general content regulation provisions concerning online media outlets,
particularly if these outlets provide services for a profit. For example, the media regulation states
that print and online media outlets bear editorial responsibility if their aim is to distribute content
to the public for information, entertainment or training purposes, but that editorial responsibility
does not necessarily imply legal liability in relation to printed press materials.50 The law fails to
clarify what editorial responsibility entails and whether it would imply legal liability for online
publications. A member of the Media Council claimed that this provision could apply to a blog if
the blog were produced for a living.51
Intermediaries are not legally responsible for transmitted content if they did not initiate or select
the receiver of the transmission, or select or modify the transmitted information.52 Intermediaries
are also not obliged to verify the content they transmit, store, or make available, nor do they need
to search for unlawful activity.53
The 2010 media laws stipulate that media contentboth online and offlinemay not offend,
discriminate or incite hatred against persons, nations, communities, national, ethnic, linguistic and
other minorities or any majority as well as any church or religious groups.54 Further, the law states
that constitutional order and human rights must be respected, and public morals cannot be
violated.55 However, the law does not define the meaning of any majority or public morals. If a
media outlet does not comply with the law, the Media Council may oblige it to discontinue its
unlawful conduct, publish a notice of the resolution on its front page, and/or pay a fine of up to
HUF 25 million (approximately $111,000).56 If a site repeatedly violates the stipulations of the
media regulation, ISPs can be obliged to suspend the sites given domain, and as a last resort, the
media authority can delete the site from the administrative registry.57 Any such action can be
appealed in court, although the overhaul of the judiciary calls into question the independence of the
court system.
49
Internetcenzrvalakulhatapedofilokelleniharc,[Fightagainstpedophilescanturnintointernetcensorship],ron
Kovcs,Hvg.hu,October27,2012,http://hvg.hu/itthon/20121027_internetcenzura_tartalmak_letiltasa.
50
ActCIVof2010,Art.1,par.6.
51
Tancsnokoksbloggerek[Membersandbloggers],Mediatanacs.blog.hu,January11,2011,
http://mediatanacs.blog.hu/2011/01/11/tanacsnokok_es_bloggerek.
52
ActCVIIIof2001onElectronicCommerce,Art.8,par.1.
53
ActCVIIIof2001,Art.7.par.3.
54
ActCIVof2010,Art.17.
55
ActCIVof2010,Art.16,and4,par.3.
56
ActCLXXXVof2010,Art.186,par.1,187,par.3.bf.
57
ActCLXXXVof2010,Art.187,par.3.e,189,par.4.
HUNGARY

Critics of the 2010 media laws contend that the Media Council operates with unclear provisions
and imposes high fines and sanctions on media outlets,58 which might give rise to uncertainty and
fear, lead to self-censorship, and have a chilling effect on journalism as a whole. Nonetheless, as of
April 2013, no online media outlet had been penalized for violating the new stipulations introduced
by the 2010 media laws, and in December 2011, the Constitutional Court struck down several
provisions applicable to print and online outlets.59 In May 2012, the parliament modified the media
regulation in order to comply with the ruling of the Constitutional Court,60 but left the above listed
provisions valid in the case of printed press outlets and online media outlets. OSCE Representative
on Freedom of the Media Dunja Mijatovic warned that the amendments only add to the existing
concerns over the curbing of critical or differing views in the country.61
Cases of copyright infringement are usually considered under civil law and can result in the
destruction of the device or material.62 However, copyright infringement cases that cause
financial injury can be punishable by imprisonment under both the current and the new criminal
codes.63
A series of interviews conducted with journalists in 2012 provide a picture of the extent of selfcensorship in Hungary, which is due to political and economic pressure on both traditional and
online media outlets. According to most of the interviewees, the media laws had not made any
difference when it came to self-censorship; instead, as one respondent noted, the two-third
majority push of executive power, the unprecedented leverage of that power, and the rise of the
Fidesz party have had a greater effect on self-censorship. Another journalist added that party
finance is entangled with media financing. Political and economic influence is exerted through
public and private advertising. A respondent explained that there was always some other interest
at play, political or from the side of business and advertisingor both simultaneously, because
these two often go hand in hand.64 A journalist on hunger strike with colleagues against the alleged
manipulation of news items in the public service media65 held that if your boss is telling you to
falsify reports, it is your professional consciousness that decides whether you will fulfill these orders
or not.66
58
HungarianmedialawsQ&A,Article19,August2011,http://www.article19.org/data/files/medialibrary/2714/110901
REPORThungary.pdf.
59
JuditBayer,HungarianConstitutionalCourtrepealspartsofMediaConstitutionandMediaLaw,MediaLaws,December29,
2011,http://www.medialaws.eu/hungarianconstitutionalcourtrepealspartsofmediaconstitutionandmedialaw/.Seealso
RulingNo.165/2011.(XII.20.)ABoftheConstitutionalCourtSummary,Mertek.http://bit.ly/15BXMg1.
60
Newlawscurbmediafreedom,HumanRightsWatch,May29,2012, http://bit.ly/MC3Oji.
61
RevisedHungarianmedialegislationcontinuestoseverelylimitmediapluralism,saysOSCEmediafreedomrepresentative,
OrganizationforSecurityandCooperationinEurope,May25,2012,http://www.osce.org/fom/90823.
62
ActLXXVIof1999onCopyright,Art.94,http://www.oapi.wipo.net/wipolex/en/text.jsp?file_id=127828#P530_98754.
63
ActIVof1978ontheCriminalCode,Art.329/A,http://www.wipo.int/wipolex/en/details.jsp?id=2199andActCof2012,Art.
359.
64
TheReinsonFreedom:SelfCensorshipintheHungarianPress,AttilaMong,http://www.mertek.eu/en/reports/self
censorshipinthehungarianpress.ThearticlewasoriginallypublishedinHungarianinletsIrodalom,LVI,Nr.15,April20,
2012.
65
HowthenewsgeteditedonHungarianstatetelevision,Thecontrarianhungarian.wordpress.com(blog),December14,
2011,http://thecontrarianhungarian.wordpress.com/2011/12/14/howthenewsgetseditedonhungarianstatetelevision/.
66
HungerstrikespeaksofdownwardspiralinBudapest,RosieScammel,January24,2012,
http://www.huffingtonpost.co.uk/rosiescammell/hungerstrikebudapesthungarydownwardspiral_b_1228566.html.
HUNGARY

Soon after the 2010 parliamentary elections, state advertising funds were partially or completely
withdrawn from some quality newspapers, allegedly for political reasons, while others multiplied
their revenues from such state sources.67 Additionally, private advertisers tend to advertise where
state companies do, meaning that some media outlets (those generally critical of the government)
are bleeding out.68 The same phenomenon can be witnessed in the case of other platforms such as
radio stations and outdoor advertisements; companies with close ties to the governing party
received a large share of state funding for advertisements in 2012.69 However, there is currently no
data to determine the level of political influence over advertisements in cases of online media.
Despite the reported self-censorship and lack of financial resources, online media outlets have also
become a tool to scrutinize public officials. For instance, starting in January 2012, Hvg.hu, an
online news portal whose content is mostly different from the printed business weekly HVG,
published a series of articles on how the then-president of the republic plagiarized his doctoral
dissertation. Although he denied any wrongdoing, Pl Schmitt resigned in April 2012.70
Since 2011, the state-owned Hungarian News Agency (MTI) has had a virtual monopoly on the
news market, as most of its news items are available to other news outlets free of charge.
Consequently, media outlets that have been impacted by the economic crisis tend to republish MTI
news items. During its overhaul, MTI became integrated into the system of public service
broadcasting, led by the media authority. The media laws oblige MTI to produce news bulletins for
public service broadcasters and edit their joint news portal.71
Although MTI has a major effect on traditional and online content, the online content landscape is
relatively diverse. The two main news portals are Origo.hu (with an average of 862,000 daily
visitors as of April 2013) and Index.hu (with an average of 685,000 daily visitors as of April
2013).72 Most civil society organizations have websites, and an increasing number of them have a
presence on Facebook. There are some media outlets, including online portals, for the minority
Roma community;73 the LGBT community and religious groups have online sources and forums as
well. Nevertheless, many news sources, although independent, often reflect the politically divided
nature of Hungarian society, and partisan journalism is widespread.74
67
AnnamriaFerenczi,KormnyzatiintzmnyeksllamicgekmdiakltseiMagyarorszgon,20032011.Lerstatisztikk
smegfigyelsek[GovernmentAdvertisingIncomesintheHungarianMedia,20032011.Descriptivestatisticsand
observations.],BCECorruptionResearchCenter,2012,http://www.crc.uni
corvinus.hu/download/media_ah_2012_riport1_130430.pdf.
68
KimLaneScheppele,Hungary'sfreemedia,March14,2012,http://nyti.ms/zdrDTE.
69
IldikDKovcsandAttilaBtorfy,Azllamamdiapiacon2012ben,[Thestateonthemediamarketin2012],Kreativ.hu,
December19,2012,http://www.kreativ.hu/media/cikk/az_allam_teljesen_ratelepedett_a_mediapiacra.
70
PalkoKarasz,Hungarianpresidentresignsamidplagiarismscandal,NYTimes.com,April2,2012,
http://www.nytimes.com/2012/04/03/world/europe/hungarianpresidentpalschmittresignsamidplagiarismscandal.html.
71
ActCLXXXVof2010,Art.101,par.4.
72
TotaldailyaverageforApril2013,Medinwebaudit,accessedMay25,2013,http://webaudit.hu/.
73
BorbalaToth,MinoritiesintheHungarianmedia.Campaigns,projectsandprogrammesforintegration(Centerfor
IndependentJournalism:Budapest,2011):19.
74
Ifamediaoutletdoesnothavealeaningtoapolitical/ideologicalside,thenitisapolitical,dedicatedtohumaninterest
stories,crimes,andcatastrophes.
HUNGARY

Blogs are generally considered an opinion genre and do not typically express independent or
balanced news. There are also blogs analyzing governmental policies, the activities of public figures,
and corruption.75 Trolling is usually moderated where it is possible to comment on articles,
typically to prevent negative discussions. It was reported that even politicians participated in online
forum discussions using a pseudonym, and parties and ministries operated a monitoring system to
be able to participate in discussions related to their work.76 A survey conducted in 2011 among
those netizens who knew what commenting meant indicated that 87 percent of the respondents
encountered trolling on websites, but an overwhelming majority of the respondents considered
commenting as a form of freedom of expression.77
Facebook, which had almost 4.3 million users in Hungary as of April 2013,78 has grown increasingly
popular as a tool for advocacy, especially after the 2010 parliamentary elections.79 Since then many
Facebook groups have formed, and several large demonstrations were organized through Facebook
and disseminated on other social-networking sites, mobilizing tens of thousands of people both for80
and against the government.81 In 2012, the number of protests organized online for various social
and political issues had mushroomed.82 Protests are frequently broadcast online using Ustream, and
pictures and videos are distributed instantly via Facebook.83 In late 2012, students protesting
against the overhaul of the higher education system started to produce their own videos to
announce protests and to communicate their demands.84 In October 2012, a coalition of civil
society organizations formed Together 2014, a campaign to defeat the Orbn administration
during the next election cycle.85 One of these organizations, Milla (One Million for Press
Freedom), is a grassroots movement founded on Facebook in response to the 2010 media laws and
which has since grown to be one of the largest opposition movements, organizing numerous
demonstrations.86 The extent of mobile phone use in organizing protests is unknown.
75
Tonameafew:Atlatszo.hu,Kmonitor.hu,Mandiner.hu,Szuveren.hu,Velemenyvezer.blog.hu,andthesitesofHumanCivil
LibertiesUnion(Tasz.hu)andEtvsKrolyInstitute(Ekint.org).
76
LszlBodolai,Olvasilevelezs,[Readers'correspondence],inletsIrodalom,LV,Nr.29,July22,2011.
77
Kommentekmegtlse.Elemzs[Judgementofcomments.Analysis],MTE,Origo,Ipsos,2012,p.3and81,
http://www.mte.hu/dokumentumok/mte_komment_kutatas.pdf.
78
FacebookStatisztika[FacebookStatistics],Socialtimes.hu,accessedApril25,2013,http://socialtimes.hu/stat/HU.
79
WalterMayr,FacebookgenerationfightsHungarianmedialaw,Spiegel.de,January4,2011,
http://www.spiegel.de/international/europe/0,1518,737455,00.html.
80
"ProgovernmentrallyinHungary,Jan.21,2012,Thecontrarianhungarian.wordpress.com,January23,2012,
http://thecontrarianhungarian.wordpress.com/2012/01/23/progovernmentrallyinhungaryjan212012/
81
HungariansprotestagainstnewFideszconstitution,BBC,January3,2012,http://bbc.in/tyltNa.
82
CivilsphereandgrassrootsprotestinHungary:December,2011,Thecontrarianhungarian.wordpress.com(blog),January2,
2012,http://thecontrarianhungarian.wordpress.com/2012/01/02/civilsphereandgrassrootsprotestsinhungarydecember
2011/.ThegroupTheCityisforAllregularlyorganizesprotestsrelatedtohomelessnessandothersocialissues,see
http://avarosmindenkie.blog.hu/tags/english.AtradeunioncalledSolidarityalsofrequentlyorganizesdemonstrationsrelated
tolabourandsocialissues.
83
HajnalkaFlp,gyharcolnakadikokahln,[Thisishowstudentsfightontheweb],Nol.hu,December27,2012,
http://nol.hu/tudtech/20121227igy_harcolnak_a_diakok_a_halon.
84
MarietteLe,StudentsrallyalloverHungarytosavetuitionfreeeducation,GlobalVoices,December13,2012,
http://globalvoicesonline.org/2012/12/13/studentsrallyalloverhungarytosavetuitionfreeeducation/.
85
AgnesLovasz,HungarysTogether2014toStruggletoOustOrban,EurasiaSays,Bloomberg,December11,2012,
http://www.bloomberg.com/news/20121211/hungarystogether2014tostruggletooustorbaneurasiasays.html.
86
ErinMarieSaltman,'Together2014'movementemergesinHungary,Policynetwork.net,November23,2012,
http://bit.ly/1bj3o1g.
HUNGARY

In June 2012, the Supreme Court fined two blog owners who were found guilty of defamation for
comments that were posted by users on their websites, even though the comments were
subsequently deleted. Additionally, cyberattacks against government websites continued to take
place, and there was one case of physical assault against an online journalist covering a rally in
October 2012.
The Fundamental Law of Hungary acknowledges the right to freedom of expression and defends
freedom and diversity of the press,87 though there are no laws that specifically protect online
modes of expression. In 2012, the European Commission launched several infringement
proceedings against Hungary, partly regarding the independence of the National Agency for Data
Protection and the judiciary.88 The European Commission expressed concerns over Hungarys
decision to lower the mandatory retirement age from 70 years to 62 years for judges and
prosecutors, effectively sending 274 judges, including some on the Supreme Court, into early
retirement.89 In November 2012, the Court of Justice of the European Union ruled that the early
retirement of judges, prosecutors, and notaries was discriminatory.90 Prior to that, in July 2012,
the Hungarian Constitutional Court ruled that the early retirement was unconstitutional.91 In
March 2013, the parliament accepted a law that gradually decreases the retirement age of judges,
prosecutors, and pensioners from 70 to 65 in the next 10 years.92
Additionally, there are concerns over the independence of the judiciary, as control over budgetary
and management decisions has been handed over to the president of the National Judicial Office.
The parliamentary majority amended the constitution for a fourth time in early 2013,93 triggering
further criticisms.94
Hungarian law does not distinguish between traditional and online media outlets in libel or
defamation cases. The criminal code bans defamation, slander, the humiliation of national symbols
(the anthem, flag, and coat of arms), the dissemination of totalitarian symbols (the swastika and red
pentagram), the denial of the sins of national socialism or communism, and public scare-mongering
through the media.95 However, in February 2013, the Constitutional Court ruled that the ban on
87
TheFundamentalLawofHungary(25April2011)Art.VIII.,12.
EuropeanCommissionlaunchesacceleratedinfringementproceedingsagainstHungaryovertheindependenceofitscentral
bankanddataprotectionauthoritiesaswellasovermeasuresaffectingthejudiciaryEuropeanCommission,January17,2012,
http://europa.eu/rapid/pressrelease_IP1224_en.htm.
89
EuropeanCommissionlaunchesacceleratedinfringementproceedingsagainstHungaryovertheindependenceofitscentral
bankanddataprotectionauthoritiesaswellasovermeasuresaffectingthejudiciaryEuropeanCommission.
90
JudgmentoftheCourt(FirstChamber),CaseC286/12,November6,2012,http://bit.ly/14TuyXJ.
91
Elkaszltkabrinyugdjszablyt[Theretirementruleforjudgeswasannulled],Index.hu,July16,2013,
http://index.hu/belfold/2012/07/16/elkaszaltak_a_biroi_nyugdijszabalyt/.
92
Megszavaztkabrklassnyugdjbakldst[Thelawontheslowretirementofjudgeswasaccepted],Hvg.hu,March11,
2013,http://hvg.hu/itthon/20130311_Megszavaztak_a_birak_lassu_nyugdijba_kuld.
93
KimLaneScheppele,ConstitutionalRevenge,Nytimes.com,March1,2013,http://nyti.ms/12hhYly.
94
Hungarydefiescriticsoverchangetoconstitution,,Bbc.co.uk,March11,2013,http://bbc.in/10uVZmd.
95
ActIVof1978,Art.179,180,269/A,269/B,269/C,Art.270,270/A.ActCof2012,Art.226227,332335.
88
HUNGARY

using totalitarian symbols is unconstitutional,96 but the parliamentary majority decided to include it
again in the penal code in April 2013.
Both the current civil code and the new draft of the civil code, which is scheduled to take effect in
2014, recognize civil rights (including protection against defamation) and ban the insulting of an
individuals honor.97 The draft civil code introduces the damnification fee for the non-pecuniary
damages caused by violating civil rights.98 Libel cases demonstrate that the courts generally protect
freedom of expression, except when there is a conflict with another basic right. Defamation cases
have decreased since a 1994 Constitutional Court decision, which asserted that a public figures
tolerance of criticism should be higher than an ordinary citizens.99 Some fear that the amended
Fundamental Law and the new civil codeif acceptedwill open up a Pandora's box of slander
and libel cases initiated by anyone, including public figures, who can claim that their dignity has
been harmed.
The fourth amendment to the Fundamental Law of Hungary, adopted by parliament on March 11,
2013, includes a provision that annuls all decisions of the Constitutional Court made prior to
January 1, 2012. This provision calls into question the status of a number of decisions that the
Constitutional Court had previously ruled on and which are not specifically outlined in the new
Fundamental Law. For example, the court had previously ruled that the right to criticize public
officials was protected speech; however, this right is not explicitly stated in the new constitution,
which means it is unclear whether or not this right will be protected in the future.100
Prior to 2008, the criminal code was rarely used in cases of defamation or slander.101 In 2008, the
Hungarian Supreme Court found a journalist guilty of libel for describing the famous Hungarian
Tokaj wine as shit in an article published in both the print and online versions of a daily
newspaper. This decision was reversed at the European Court of Human Rights in 2011.102
Launching criminal investigations for online activities is a recent phenomenon. In November 2012,
the police launched an investigation based on comments that appeared on Nepszava.hu103 and the
news site Hir24.hu104 that criticized Ferenc Papcsk, a Fidesz member of parliament and mayor of a
district in Budapest. The police ordered the release of the personal data connected to these
comments, including the users internet protocol (IP) and e-mail addresses, although in the case of
the latter site, commenters log-in via Facebook rather than providing a username or e-mail address.
96
ConstitutionalCourtvoidsbanonsymbolsoftyranny;redstar,swastikatobecomelegalonApril30,Politics.hu,February
21,2013,http://bit.ly/18eRl0o.
97
ActIVof1959ontheCivilCode,Art.7585;BillNr.T/7971ontheCivilCode,Art.2:45.
98
BillNr.T/7971,Art.2:5253.
99
PterBajomiLzrandKrisztinaKertsz,MediaSelfRegulationPracticesandDecriminalizationofDefamationinHungary,
inFreedomofSpeechinSouthEastEurope:MediaIndependenceandSelfRegulation,ed.Kashumov,Alexander(Sofia:Media
DevelopmentCenter,2007):177183.
100
Scheppele2013.
101
BajomiLzrandKertsz2007:179.
102
SeerulingofEuropeanCourtofHumanRights,CaseofUjvs.Hungary,2011.
103
LatestPapcskcasemayinfringeonfreedomofthepress,Civilmedia.net,November13,2012,http://bit.ly/16AgLbS.
104
FeljelentettkaNpszavasaHr24kommentelit,[CommentsofNepszavaandHir24denounced]Gepnarancs.hu,
November10,2012,http://gepnarancs.hu/2012/11/feljelentettekanepszavakommenteloit/.
HUNGARY

In January 2013, a blogger named Tams Polgr, alias Tomcat, was condemned for incitement,
and received a prison sentence of one year and two months based on the penal code.105 The
sentence was suspended for five years, and the ruling is not final as the defendant has appealed. In a
blog post in 2009, during a period in which six Roma people were killed in a case of serial murders,
Polgr called upon readers to beat up Gypsies.106 This is the first case since the democratic
transition in which someone has been prosecuted under the penal code for material they posted
online. As is the case with decisions of the Supreme Court, one needs to demonstrate that there
was clear and imminent danger, which is hard to prove.107
Generally, users who wish to comment on a web article need to register with the website by
providing an e-mail address and username, or they need to use a Facebook login. The operator of a
website may be asked to provide the commenters IP address, e-mail address, or other data in case
of an investigation.108 According to some analysts, the 2010 media laws blurred the responsibility
of the media outlet and the commenter.109 In an article published on Index.hu in July 2011,
however, a member of the Media Council stated that comments are not subject to the media
laws.110
The legal implications of comments posted online remains unclear. As the chair of the selfregulatory Association of Hungarian Content Providers (MTE) noted, court decisions are diverse in
cases of libel committed in a comment online.111 His analysis of case studies concludes that Act
CVIII of 2001 on Electronic Commercebased on which providing a commenting option could be
considered as a web-hosting serviceis not applied frequently. Nonetheless, a comment that has
been posted could technically be brought to court even if it were deleted minutes later, rendering
website moderating a less useful method for avoiding legal liability. Requiring prior approval from
the website administrator before comments are posted may also prove problematic, as a court
might consider it editing, which would exclude the use of the Act on Electronic Commerce.
Websites operated from abroad can be brought to court as well. This legal uncertainty may prompt
some outlets to disable the commenting feature altogether, as at least one popular website did in
2011.
In June 2012, the Supreme Court condemned the publishers of two blogs for defamation
committed in comments posted on their sites based on the right of good reputation as described in
the civil code, regardless of the fact that the comments had been deleted. The Supreme Court ruled
105
ActIVof1978,Articule269says:Apersonwhoincitestohatredbeforethegeneralpublicagainsta)theHungariannation,
b)anynational,ethnic,racialgrouporcertaingroupsofthepopulation,shallbepunishableforafelonyoffensewith
imprisonmentuptothreeyears.
106
CourtslapsfarrightactivistTomcatwithsuspendedjailterm,Politics.hu,January11,2013,http://bit.ly/17dkzxc.
107
ZsoltZdori,BntetheteBayervresszjalsa?[CantheycondemnBayer'sbloodywords?],Helsinkifigyelo.hvg.hu,
January8,2013,http://helsinkifigyelo.hvg.hu/2013/01/08/buntethetoebayerveresszajalasa/.
108
ActXIXof1998oncriminalproceedings,Art.178/A,par.1.
109
Anonymousinternetexpert,emailcommunication,February7,2012.
110
Akommentekrenemvonatkozikamdiatrvny[Themedialawdoesnotconcerncomments],Index.hu,July3,2011,
http://index.hu/belfold/2011/07/03/a_kommentekre_nem_vonatkozik_a_mediatorveny/.
111
PterNdori,Kommentekamagyarinterneten:apolgrijogigyakorlat,[CommentsonHungarianinternet:civilcode
practice],InMediasres,I,Nr.2,2012,Pp.319333.
HUNGARY

that the plaintiff was harmed in his right to good reputation, and that the defendants needed to pay
for the legal expenses incurred.112
There are no restrictions on anonymous communication, and encryption software is freely available
without government interference. Pretty Good Privacy (PGP), a data encryption program, is often
used by investigative journalists.113 Nevertheless, to sign a contract with the mobile phone
company, users must provide personal data upon purchase of a SIM card.114
According to the Electronic Communications Act, electronic communications service providers115
are obligated to cooperate with organizations authorized to perform intelligence information
gathering and covert acquisition of data.116 Additionally, the act states that the service provider
shall, upon the written request from the National Security Special Service, agree with the National
Security Special Service about the conditions of the use of tools and methods for the covert
acquisition of information and covert acquisition of data.117
National security services can gather information from telecommunications systems and other data
storage devices without a warrant.118 The authorities have allegedly installed black boxes on ISP
networks.119 Secret services can access and record communication transmitted via ICTs, though a
warrant is required.120 There is no data on the extent to which, or how regularly, the authorities
monitor ICTs. In June 2012, colleagues of the Etvs Kroly Institute issued a complaint to the
Constitutional Court requesting the annulment of the provision that allows the minister overseeing
the work of the Counter Terrorism Center to approve the secret surveillance of individuals.121 They
argued that this provision is unconstitutional and that such surveillance should be tied to the
approval of a judge rather than a minister.122
In accordance with the EU Directive 2006/24/EC on data retention, ISPs and mobile phone
companies in Hungary must retain user data for up to one year, including personal data, location,
caller phone numbers, the duration of phone conversations, IP addresses, and user IDs for
investigative authorities and security services.123 There is no data on the extent of these activities,
112
Pfv.IV.20.217/2012/5,June13,2012.
BorbalaToth,MappingDigitalMedia:Hungary,OpenSocietyFoundations,February2012,p.50,
http://www.opensocietyfoundations.org/reports/mappingdigitalmediahungary.
114
ActCof2003onElectronicCommunications,Art.129,http://www.ictregulationtoolkit.org/en/Publication.2347.html.
115
Electronicserviceprovidersprovideelectroniccommunicationsservice,whichmeansaservicenormallyprovidedagainst
remuneration,whichconsistswhollyormainlyintheconveyance,andifapplicableroutingofsignalsonelectronic
communicationsnetworks,butexcludeservicesprovidingorexercisingeditorialcontroloverthecontenttransmittedusing
electroniccommunicationsnetwork;itdoesnotincludeinformationsocietyservices,definedunderseparatelegislation,which
donotconsistprimarilyintheconveyanceofsignalsonelectroniccommunicationsnetworks,ActCof2003,Art.188,par.13.
116
ActCof2003,Art.92,par.1.
117
ActCof2003,Art.92,par.2.
118
ActCXXVof1995ontheNationalSecurityServices,Art.54,http://bit.ly/1bhE9cm.
119
HungaryPrivacyProfile,PrivacyInternational,January22,2011,https://www.privacyinternational.org/reports/hungary.
120
ActCXXVof1995,Art.56.
121
ActCXXVof1995,Art.58,par.2.statesthatinsomeinstancesbasicallyincludingthetasksoftheCounterTerrorism
Centertheministerforjusticecangrantthewarrant.
122
LszlMajtnyietal,MitkeresaTerrorelhrtsiKzpontapaplanalatt?,[WhatistheCounterTerrorismCenterisdoing
undertheduvet?],in:letsIrodalom,LVI,Nr.26,June29,2012.
123
ActCof2003,Art.159/A;HungaryPrivacyProfile,PrivacyInternational,January22,2011.
113
HUNGARY

even though there is a legal obligation to provide the European Commission with statistics of the
queries for data made by the investigating authorities.124 Cybercafes, on the other hand, are not
required to collect user information, and anyone can access the internet at a cybercafe without
registration.
Bloggers, ordinary ICT users, websites, or users property are not generally subject to extralegal
intimidation or physical violence by state authorities or any other actors. However, in September
2011, photographers of the online news portals Index.hu and Origo.hu were banned from
parliament because they had allegedly taken pictures of the prime ministers notes.125 In a separate
incident in December 2011, journalists from Index.hu were banned from parliament for being
disrespectful after they posted a video of two reporters singing and dancing in the building.126 The
journalists were permitted to enter parliament again roughly one month later. In January 2012, a
photographer from Vagy.hu was not admitted to the public ball of Debrecen city because the
organizers claimed that the local news site was not registered with the NMHH.127 These types of
incidents impede the ability of journalists to cover the news, compromising the Hungarian news
and information landscape. In October 2012, there was one physical attack against a journalist of
Index.hu, whose nose was broken by an extreme-right protester at an anti-government rally.128
In response to Hungarys 2010 media laws, the international hacker group Anonymous posted a
video on YouTube threatening the Hungarian government with a cyberattack in August 2011.129
Since then, the group rewrote the new Hungarian constitution on the website of the Constitutional
Court,130 and several government sites, including that of the National Board Against Counterfeiting
and the personal website of the Minister of State for Education, were disrupted via distributed
denial-of-service (DDoS) attacks in early 2012.131 Additionally, the website of Kzgp, a
construction company that frequently wins public procurements, was attacked on September 5,
2012.132 Three days later, several Hungarian members of Anonymous were arrested,133 although
the accused were discharged to prepare for the defense. In January 2013, the websites of Prime
Minister Viktor Orbn (Miniszterelnok.hu, Orbanviktor.hu) were also hacked by Anonymous.134
124
ActCof2003,Art.159/A,par.7.
PhotographersbannedfromHungarianParliament,Thecontrarianhungarian.worldpress.com(blog),September20,2011,
http://thecontrarianhungarian.wordpress.com/2011/09/20/photographersbannedfromhungarianparliament/.
126
Hungary'sleadingonlinenewsportalbannedfromparliament,Politics.hu,December22,2011,http://bit.ly/sWPWb4.
127
ZsoltKcsor,DebrecennemkrtaTV2sazRTLkameribl[DebrecendidnotwantthecamerasofTV2andRTLKlub],
Nol.hu,January16,2012,http://nol.hu/lap/mo/20120116csak_a_helyi_teve_tudosithatott_a_rekordkiserletrol.
128
Hallrtok,zsidk![Deathonyou,Jews!],Index.huvideo,23October2012,http://bit.ly/X95KpO.
129
TheAnonymousmessagetoHungariangovernment,YouTube,accessedJanuary30,2012,
http://www.youtube.com/watch?v=SStDZ5De1Og.
130
Anonymousgeektopia:HackerschangeHungarianconstitution,Rt.com,March5,2012,http://rt.com/news/anonymous
hungarycourtconstitution881/.
131
MtNyusztay,'Arendszerttmadjuk'MagyarorszgisazAnonymousclkeresztjben['Weattackthesystem'
HungaryisamongthetargetsofAnonymous],Nol.hu,February15,2012,http://nol.hu/belfold/a_rendszert_tamadjuk__
_magyarorszag_is_az_anonymus_celkeresztjeben.
132
Kzgp'oligarchy'hitbyhackers,Budapesttimes.hu,September5,2012,
http://www.budapesttimes.hu/2012/09/05/kozgepoligarchyhitbyhackers/.
133
"ElfogtkamagyarAnonymoustagjait[HungarianmembersofAnonymouswerecaptured],Index.hu,September8,2012,
http://index.hu/belfold/2012/09/08/elfogtak_a_magyar_anonymus_tagjait/.
134
FeltrtkOrbnhonlapjt[Orbn'ssitegothacked],Index.hu,January23,2013,
http://index.hu/tech/2013/01/23/feltortek_orban_honlapjat/.
125
HUNGARY
ICELAND
2012
2013
N/A
FREE

n/a
Total (0-100)
n/a
1
1
4
6
n/a
n/a
POPULATION: 320,000

In 2013, the previous minister of the interior proposed a new law to ban online
pornography, though the ban has not been implemented and is currently stalled (see
LIMITS ON CONTENT).
The internet continues to play a significant role in online mobilization: on October 20,
2012, a majority of the population participated in a crowdsourced, non-binding
constitutional referendum (see LIMITS ON CONTENT).
The Icelandic Modern Media Initiative from 2010, which aims to transform Iceland into
a global free-speech safe haven, continued to make progress (see VIOLATIONS OF USER
RIGHTS).
The new media law from 2011 helped reduce the number of libel cases against
journalists (see VIOLATIONS OF USER RIGHTS).
ICELAND

INTRODUCTION
Iceland has one of the highest rates of internet and social media use in the world, according to the
World Economic Forum.1 In the wake of the countrys financial collapse in 2008, when the three
major banks went bankrupt, social media platforms like Facebook were integrated into the process
of creating a new crowdsourced constitution.2 Internet and digital media play a vital role in
Icelandic society, and Iceland is an international leader when it comes to focusing on free speech
and online media. In June 2010, the Icelandic parliament launched a new media initiative
protecting free speech, aiming to make Iceland a safe haven for journalists and whistleblowers.3 At
the same time, a recent political proposal from the former minister of the interior, gmundur
Jnasson, to ban online pornography has received immense international media attention. Since
there has been a change in government after the parliamentary election in late April 2013, this bill
will most likely remain stalled until later in 2013.4
OBSTACLES TO ACCESS
Iceland is one of the most connected countries in the world, with the highest percentage of
households with access to the internet in Europe.5 Iceland has been connected to the internet since
1989 via the NORDUnet in Denmark. The following year, a leased line to NORDUnet in Sweden
was established, and the link was gradually upgraded. The Nordic connection was supplemented in
1997, when ISnet established a direct connection to Teleglobe in Canada, which was upgraded
when the line was moved to New York in 1999.6 In 1998, broadband connections were put into
operation, and already in 2006 just under 90 percent of Icelandic households had internet access.
The percentage of households with high speed internet connections, such as ADSL or SDSL, has
increased greatly in recent years.7 In 2007, the Icelandic city of Seltjarnes became the first
municipality in the world where every citizen has access to fiber-optic internet service.8
According to the official website Iceland Statistics, Iceland had an internet penetration rate of 96
percent in 2012, with only a minimal difference in usage between the capital region and the other
regions of the country. 9 The price of accessing the internet via computers and mobile phones is
very affordable: a basic internet subscription with 12 Mbps costs around ISK 3,700 per month
1
WorldEconomicForum,TheGlobalInformationTechnologyReport2013,http://bit.ly/10UMw8u.
RobertRobertson,VotersinIcelandBackNewConstitution,MoreResourceControl,Reuters,October21,2012,
http://www.reuters.com/article/2012/10/21/usicelandreferendumidUSBRE89K09C20121021.
3
InternationalModernMediaInstitute,https://immi.is/.
4
InterviewwithemployeeattheIcelandicMediaCommission,May17,2013.
5
Asof2012,95percentofhouseholdsinIcelandhadinternetaccess,followedbyNorwayandLuxembourgwith93percentand
Denmarkwith92percent.InternationalTelecommunicationUnion,CoreindicatorsonaccesstoanduseofICTbyhouseholds
andindividuals,http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.
6
CathyNewman,IcelandInternetDiffusion,http://www1.american.edu/carmel/cn9463a/iceland.htm.
7
BirgirGudmondsson,MediaLandscapesIceland,EuropeanJournalismCentre,2010,
http://ejc.net/media_landscapes/iceland.
8
Idegawebsite,Seltjarnes,http://www.idega.is/pages/vidskiptavinir/seltjarnarnes/?iw_language=en.
9
StatisticsIceland,http://www.statice.is.
2
ICELAND

(approximately $31), and a basic mobile phone connection with 500 Mb data costs around ISK 590
per month (approximately $5),10 while the average monthly salary is approximately ISK 560,000
($4,700).11 Icelanders are frequent internet users, with 91 percent connecting to the internet daily
or almost daily. A vast majority of the population (88 percent) is connected via broadband, and a
growing number (21 percent) are connected via fiber-optics.12 In addition, mobile phones are
widely used to access the internet, and 44 percent of Icelanders have a mobile connection of 3G or
faster. Only five percent has a mobile connection slower than 3G service.13
Iceland has multiple channels connecting the country to the international internet, including
connections to the international backbone through three submarine cables: FARICE-1, DANICE,
and Greenland Connect. The Reykjavik Internet Exchange point, which exchanges internet traffic
among internet service providers (ISPs) located in Iceland, is operated independently of the
government by the top-level domain registry ISNIC.
Sminn is the main internet and telecommunications operator in Iceland and runs fixed-line and
mobile voice call services, as well as internet services and broadband television.14 Sminn is based
on a merger between Landssmi slands, which was privatized in 2005, and the company Skipti ehf.
Of the ISPs, Sminn holds the largest market share (50.7 percent), followed by Vodafone (32.1
percent), Tal (9.1 percent), Hringdu (3.4 percent) and other companies comprising the remaining
4.7 percent. Regarding market share in mobile broadband, Sminn is the leading provider with 37.7
percent of the market, followed by Nova (33.2 percent), Vodafone (25 percent), and Tal (3.8
percent).15
The main regulatory body governing information and communication technologies (ICTs) in
Iceland is the Post and Telecom Affairs (PTA), which is an independent center under the direction
of the Ministry of the Interior. The PTA supervises development, logistics, and fair competition in
the field of telecommunications networks. Decisions of the PTA may be referred to the Rulings
Committee for Electronic Communications and Postal Affairs. The minister of the interior appoints
the three members of the Appellate Committee, following the nomination by the Supreme Court.
The chairman and vice chairman must comply with the competence qualifications applying to
Supreme Court judges. The members of the committee are appointed for a period of four years.16
In addition to the PTA, the Ministry of the Interior is responsible for the legal matters relating to
online content.
A new media law was established on September 1, 2011, and continued to stir debate in 2012 and
2013. While the intention of the law was to create greater press freedom through a comprehensive
10
SiminnIceland:http://www.siminn.is/english/mobile/mobileinternet/.
StatisticsIceland,Wages,http://bit.ly/19JQxja.
12
PostandTelecomAdministration,StatisticsontheIcelandicElectronicCommunicationsMarketfortheFirstHalfof2012,
http://www.pfs.is/upload/files/T%C3%B6lfr%C3%A6%C3%B0isk%C3%BDrsla%20PFS%20fyrri%20hluti%202012.pdf
13
StatisticsIceland:http://www.statice.is
14
ThePostandTelecomAdministration,StatisticsontheIcelandicElectronicCommunicationsMarketfortheFirstHalfof
2012,http://www.pfs.is/upload/files/T%C3%B6lfr%C3%A6%C3%B0isk%C3%BDrsla%20PFS%20fyrri%20hluti%202012.pdf.
15
ThePostandTelecomAdministration,2012:TlfriskrslaPFSumfjarskiptamarkainn_f.hl.2012.xls
16
ThePostandTelecomAdministration,RulingsCommittee,http://www.pfs.is/Default.aspx?cat_id=146.
11
ICELAND

framework governing broadcast, press, and online media, the creation of an oversight State Media
Commission has been criticized. According to the law, the minister of education, science and
culture appoints five persons to the Media Commission for terms of four years at a time. Two
representatives are appointed in accordance with a nomination by the Supreme Court, one in
accordance with a nomination by the standing Committee of Rectors of Icelandic Higher Education
Institutions, and one in accordance with a nomination by the National Union of Icelandic
Journalists. The fifth is appointed by the minister without an outside nomination.17
The Media Commission has no authority to deal with media concentration (a major concern of
public debate in Iceland), but new legislation was put forth in 2013 that would give the
Competition Authority oversight responsibility in consultation with the Media Commission. The
bill was passed as an amendment to the new media law in March 2013. The amendment gives the
Competition Authority other means and measures to deal with competition cases when media
companies are concerned. Thus, the Competition Authority can look at issues such as plurality and
whether there will be a decrease in newsrooms resulting from mergers and acquisitions, for
example. According to the bill, the Media Commission shall in such cases give its opinion from a
media authoritys perspective. The commission has extensive powers to impose fines on media
outlets, as well as requiring media outlets to register with a detailed editorial strategy, meaning
that all media companies must set their own rules for editorial independence in cooperation with
the Association of Journalists or a similar entity. In 2012, all media companies had to set such rules
as part of the process of self-regulation, and no decisions have yet been made regarding online
media by the Icelandic Media Commission.18
LIMITS ON CONTENT
Access to information and online communication is free from government interference. Iceland is
not a member of the European Union; however, since the country is part of the European
Economic Area, it has agreed to follow legislation regarding consumer protection and business law
similar to the other member states, meaning that the legal status of file-sharing websites such as
Pirate Bay is up for debate.19 In April 2013, the Pirate Bay website relocated to Iceland, giving it a
.is domain name.20 According to Icelandic law, the registrant is responsible for ensuring that the
use of the domain is within the limits of the law.21 In April 2013, the Icelandic Supreme Court
confirmed the Reykjavk District Courts ruling ordering Valitor (the Icelandic partner of Visa and
MasterCard) to remove the unlawful block on donations to the website for the organization
WikiLeaks.22
Similar to other Nordic countries, ISPs in Iceland filter websites containing child pornography. The
17
Fjolmidlanefnd,TheMediaCommission,http://fjolmidlanefnd.is/english/.
Fjolmidlanefnd,TheMediaCommission.
19
OpenNetInitiative,NordicCountries,https://opennet.net/research/regions/nordiccountries.
20
TheURLwww.thepiratebay.isisautomaticallytransferredtowww.thepiratebay.xs.
21
NewsofIceland,ThePirateBayMovestoIceland,April25,2013, http://bit.ly/ZuRY4c..
22
IanSteadman,IcelandicCourtDeclaresWikiLeaksDonationBanUnlawful,Wired,April27,2013:http://bit.ly/12NeQvx.
18
ICELAND

ISPs collaborate with the Icelandic Save the Children Barnaheill and participate in the International
Association of Internet Hotlines (INHOPE) project.23 In addition, pornography in general is illegal
in Iceland, although the ban is not strongly enforced. During the past few years, political attempts
have been made to eliminate the sex industry, including banning strip clubs and imposing fines and
jail terms for customers taking advantage of prostitutes. In 2013, the previous minister of the
interior, gmundur Jnasson, proposed two new bills to the parliament in order to uphold and
reinvigorate an existing law banning pornography and gambling online that is rarely enforced and
vaguely worded. The ban focuses on pornography that is defined as violent and degrading material,
and a committee of experts was to explore how a ban on pornography could be enforcedfor
example, by making it illegal to pay for pornographic material with Icelandic credit cards, or by
creating a national internet filter and a blacklist of websites that contain pornographic content.24
Opponents led by Icelandic Member of Parliament and free speech activist Birgitta Jnsdttir
deemed that the ban would limit free speech online, a position that was supported by academics
and free speech advocates from outside Iceland in an open letter to the Icelandic minister of the
interior.25 The plan for banning pornographic content online has most likely lost its momentum
since the change in government during the parliamentary election on April 27, 2013.
Social media platforms such as YouTube, Facebook, Twitter, and international blog hosting services
are freely available and are used by a large part of the population. Iceland ranks in the top of
countries with a high percentage of Facebook usage, and 72.6 percent of the population has an
account.26 A poll among politicians running in the May 2010 municipal elections showed that many
considered Facebook to be the second most important medium during the election for reaching the
general public in their municipalities, second only to local newspapers.27
ISPs and content hosts are not held responsible for the content that they host or transmit. Claims
regarding intellectual property rights are handled by the Icelandic Patent Office, which is
substantially dependent on international cooperation, and Iceland is party to a number of
international agreements in this field. Moreover, Iceland, as a member of the World Trade
Organization (WTO), has adapted Icelandic legislation to the provisions of TRIPS (Trade-Related
Aspects of Intellectual Property Rights). Furthermore, the Agreement on the European Economic
Area has led to several legislative amendments in Iceland in accordance with the directives and
regulations of the European Union.
Icelandic law number 30/2002 establishes a system of takedown notices for IP addresses or other
online content that violates the law, in accordance with the Directive 2000/31/EC of the European
Parliament. During the last session of parliament, a bill was presented to ban online gambling by
prohibiting Icelandic credit card companies from processing payments to gambling websites;
23
INHOPEwebsite,http://www.inhope.org.
BanningtheSexIndustryNakedAmbition,TheEconomist,April20,2013,http://econ.st/12q1wwM.
25
IceNews,IcelandsPornBanEffortDrawFirefromAbroad,March17,2013,http://www.icenews.is/2013/03/07/icelands
pornbaneffortdrawsfirefromabroad/.
26
Socialbakers,FacebookStatisticsbyCountry,http://www.socialbakers.com/facebookstatistics/.
27
24
ICELAND

however, the bill was not passed.28 The Ministry of the Interior is responsible for handling matters
related to online content, and the appeals process for disputing the removal of content is linked to
the independent courts in Iceland.
Self-censorship is not a widespread problem in Icelandic online media, and there are very few
instances of government or partisan manipulation of online content. However, during the
Wikileaks controversy in 2010, a number of banks and credit card companies, including the
Icelandic credit card company Valitor, blocked donations to the Wikileaks website. In April 2013,
the Icelandic Supreme Court confirmed the Reykjavk District Courts ruling ordering Valitor (the
Icelandic partner of Visa and MasterCard) to remove the unlawful block on donations to the
website.29
Iceland has a vibrant digital sphere and almost all traditional media, such as print, radio, and
television, offer versions of their content online. The websites of some newspapers, like the daily
Morgunbladid, are among the most popular Icelandic-language sites.30 Internet banking is widely
used, and a large majority of Icelanders (90 percent) are online bank users. E-governance is
successful in Iceland, and Iceland Statistics states that in 2012 approximately 75 percent of the
population obtained information from public authorities websites.31 In recent years, public
institutions have started a migration process from proprietary software to free and open software.32
The government promotes the use of digital signatures and electronic filing, and the use of digital
signatures is supported through legislation such as the Public Administration Act. Digital signatures
are in the process of being integrated further into the public administration. 33
The popularity of social media sites like Facebook was used to engage the population during the
process of redrafting the Icelandic constitution over the past few years. The original and existing
constitution is an almost exact copy of the Danish constitutional text, which was adopted when
Iceland gained independence from Denmark in 1944. In the wake of the Icelandic financial crisis in
2008, the population demanded an extensive review of the countrys constitution.34 A 25-member
council consisting of ordinary residents helped draft a new constitution and worked through sixteen
versions in four months based on 16,000 comments from Icelandic citizens using social media
platforms such as Facebook, Twitter, and YouTube.35 A majority of the population voted for the
draft constitution in a national referendum on October 20, 2012.36 The draft constitution is not
28
InformationfromtheIcelandicPatentOffice,www.els.is.
IanSteadman,IcelandicCourtDeclaresWikiLeaksDonationBanUnlawful,Wired,April27,2013,
http://www.wired.co.uk/news/archive/201304/26/wikileakswinsvisacase.
30
31
IcelandStatistics,http://www.statice.is/.
32
ePracticeEU,PublicadministrationinIcelandismovingtoopensource,April5,2012,
http://www.epractice.eu/en/news/5351796.
33
IDABCEuropeaneGovernmentServices,StudyonMutualRecognitionofeSignatures,July2009,
http://ec.europa.eu/idabc/servlets/Docae09.pdf?id=32328.
34
RobertRobertson,VotersinIcelandBackNewConstitution,MoreResourceControl,Reuters,October21,2012,
http://www.reuters.com/article/2012/10/21/usicelandreferendumidUSBRE89K09C20121021.
35
AProposalforaNewConstitutionfortheRepublicofIceland,DraftedbyStjrnlagar,aConstitutionalCouncil,appointed
byanAlthingiresolution,March24,2011,http://stjornlagarad.is/other_files/stjornlagarad/Frumvarpenska.pdf
36
JuliaMahncke,IcelandsGrassrootsConstitutiononThinIce,DeutscheWelle,March13,2013, http://bit.ly/XmC9Hj.
29
ICELAND

likely to become an actual constitution, since the results of the referendum were non-binding and
the previous parliament put the draft constitution on hold until after the election in 2013. The
political parties forming the newly elected government, together with many interest groups and
independent academics, were opposed to many of the proposed changes in the draft document.37
Social and online media were widely used in the recent parliamentary elections, and a historically
large number of parties ran for parliament. In particular, small parties with limited resources see
digital media as an inexpensive way to inform voters about their political agenda. The newly elected
Icelandic Pirate Party, led by Birgitta Jnsdttir, exclusively used online media to disseminate their
platform supporting media freedom with a focus on the internet. 38

Iceland has a strong tradition of protecting freedom of expression that extends to the use of the
internet. Freedom of expression is protected under Article 73 of the Icelandic constitution.39 In
June 2010, in the wake of the financial crisis and inspired by the whistleblower website WikiLeaks,
the Icelandic parliament approved a resolution on the Icelandic Modern Media Initiative, aiming to
create a global safe haven with legal protection for the press, bloggers, and whistleblowers.40 The
reform process of the ambitious Icelandic Modern Media Initiative is still in progress, although
source protection has been implemented into law.41 The minister of education, science and culture
has appointed a committee of experts with the task of reporting on online and offline challenges and
proposing changes regarding freedom of expression and information. The task of this committee is
to come up with a whistleblower protection law, review the articles on defamation in the penal
code, and look into source protection and communications protection. This committee was
appointed in 2012 and its mandate will be renewed for another year. 42
The Icelandic media law, which came into effect in September 2011, established several legal
protections for journalists that extend to the online sphere, including editorial independence from
media service providers owners and the protection of anonymous sources.43
There has been great concern about libel laws in recent years, in regard to both online and offline
media. Journalists consider the courts practice to be too rigid, leading to lawsuits that aim to
silence critical press. In 2012, two libel cases went to the European Court of Human Rights, which
ordered the Icelandic state to pay considerable damages to the journalists Erla Hlynsdttir44 and
37
Ibid.
39
ConstitutionoftheRepublicofIceland,http://www.government.is/constitution/.
40
IFEX,AuthoritiesCreateaSafeHavenforPress,June23,2010:http://www.ifex.org/iceland/2010/06/23/safe_haven/
41
InternationalModernMediaInstitute,https://immi.is.
42
43
Article24andArticle25,TheIcelandicMediaLaw,April20,2011,http://bit.ly/15C05KS.
44
EuropeanCourtofHumanRights,CaseofErlaHlynsdttirvs.Iceland,October10,2012,http://bit.ly/MfiatW.
38
ICELAND

Bjrk Eisdttir of the print and online daily newspaper DV.45 The two journalists had been found
guilty of defamation by an Icelandic court under the old media law because they had quoted sources
who made what could be considered as defamatory statements. That same year, a blogger at DV,
Teitur Atlason, suggested that prominent businessman and former Member of Parliament
Gunnlaugur Sigmundsson had been involved in corruption. Sigmundsson sued the blogger for libel,
although Atlason was acquitted, as the allegations were not new and had been published previously
in Icelandic media.46 In 2011, DV.is journalist Jn Bjarki Magnsson was convicted of defamation
for quoting from open court documents from 1989 in an article on a family with a history of
violence. The court found the documents too old to be relevant for the public.47
As a direct result of the aforementioned cases and the subsequent public debate within Iceland, the
new media law attempts to solve some of these problems. According to Article 51, journalists can
no longer be held responsible for potentially libelous quotes from sources.48 Article 51 specifies
that journalists can only be held responsible for their own content and not for content quoted from
other sources. This article does nothing to change the libel laws in Iceland, but only who can be
held responsible for potentially libelous quotes.
The government does not place any restrictions on anonymous communication. No registration is
required when purchasing a SIM card in Iceland.
Currently, the Electronic Communications Act of 2003 implements data retention requirements
mandated by Icelands inclusion in the European Economic Area.49 The law applies to
telecommunication providers, and its current implementation mandates the retention of records of
all connection data for six months. It also states that companies may only deliver information on
telecommunications in criminal cases or on matters of public safety, and that such information may
not be given to anyone other than the police or the public prosecution.50
There have been no physical attacks against bloggers or online journalists in Iceland, and there were
no significant incidences of cyberattacks in Iceland during 20122013.
45
TheECHRfoundthatquotingasourcemakingpossiblydefamatorycommentscouldnotinitselfbeseenasdefamatoryand
thattherightjournalisticethicalpracticeswereinplace.EuropeanCourtofHumanRights,CaseofBjrkEidsdttirvs.Iceland,
October10,2012,http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001112091
46
SigrunDavidsdttir,ElectionsinIceland:LookingforthePastinthePresent,April17,2013,http://bit.ly/15GjM82.
47
AnnaAndersen,AnIcelandicModernMediaInferno,TheReykjavikGrapevine,November,7,2011,http://bit.ly/vDZmgA.
48
TheIcelandicMediaLaw,April20,2011, http://bit.ly/15C05KS.
49
ElectronicCommunicationsAct,March26,2003,http://bit.ly/MfiatW.
50
IcelandicMediaInitiative,https://immi.is/index.php/projects/immi.
ICELAND
INDIA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
13
9
17
39
15
12
20
47
POPULATION: 1.3 billion


Hundreds of blocks, supposedly targeting inflammatory content, affected a wide range
of pages, including some in the public interest (see VIOLATIONS OF USER RIGHTS).
At least eleven people were charged under Section 66 of the 2008 IT Act amendment
for posts on social media (see VIOLATIONS OF USER RIGHTS).
Cartoonist Aseem Trivedi was arrested for anti-corruption cartoons, initially on charge
of sedition, which carries a life sentence (see VIOLATIONS OF USER RIGHTS).
The Central Monitoring System, partly in place since April 2013, seeks to equip a
range of agencies to monitor any electronic communication in real time, without
informing the target or a judge (see VIOLATIONS OF USER RIGHTS).
Online campaigning for womens rights in the wake of a brutal sexual assault promoted
street protests and some legislative reforms (see LIMITS ON CONTENT).
INDIA

INTRODUCTION
The internet has become a powerful tool for sharing information and articulating dissent in India,
despite low overall penetration and power shortages limiting access for many. While still
concentrated in urban areas, access is gradually spreading to rural India, providing a forum for
voices not always represented in the traditional media.
There are no systematic restrictions on political content on the Indian web. Since the November
2008 terrorist attacks in Mumbai, however, a confusing and frequently contradictory series of legal
amendments, rules, and guidelines have strengthened official powers to censor online content and
monitor communications. A 2008 Information Technology Act amendment allowed officials to
issue blocking orders to internet service providers (ISPs), outlining a procedure and protecting
compliant companies from legal proceedings. But 2011 intermediary guidelines under the same Act
introduced a different process, making companies liable to criminal penalties if they fail to delete or
take down content which any individual flags as offensive. Courts can also order blocks, and their
efforts to contain copyright violations sometimes render entire platforms inaccessible. All told,
hundreds of pages were reported blocked by multiple actors during the coverage period, most by
the government grappling with religious unrest, though no formal count was made public. While
some blocks targeted legitimate hate speech, the opaque process undermined public trust and left
legitimate internet users, victims of collateral blocking, without a means of appeal.
Twenty-five percent of Indias internet users spent time on social media in 2012,1 and this, too, is
subject to unclear regulation under the amended IT Acts punitive Section 66. During the coverage
period of this report, police arrested at least 11 people for social media postsincluding tags,
likes and closed group commentsunder the sections vague ban on annoying, offensive, or
menacing messaging. Though most were swiftly bailed, the detentionswhich often took place at
night, involved defendants as young as 19, and in three cases in restive Jammu and Kashmir lasted
40 daysthreatened the constitutionally-protected right to freedom of expression. Yet the IT
Acts problematic provisions have yet to be reformed.
Security threats have also driven a frenzy of directives on surveillance in the past five years,
including one ordering mobile providers to monitor all users physical locations to within 50
meters, and others pushing international service providers that encrypt their users communications
to establish domestic servers that are subject to local law. In 2013, the government began
transitioning to the secretive Central Monitoring System which will potentially empower a wide
range of state agencies to access any electronic communication in India in real time, without service
provider cooperationthough that cooperation is assured under license agreements. Surveillance
requires no judicial oversight. While some of this activity might be justifiable, the lack of
transparency surrounding the system, which was never reviewed by parliament, is concerning. The
systems potential for abusealready widely documented under the existing surveillance regime
is also disquieting, as is its inadequate legal framework. Outdated laws require case-by-case
1
INDIA
25%OnlineTimeSpentonSocialNetworks,4outof5IndiansuseFacebook,NDTV,August20,2012,http://bit.ly/PqAIGY.

clearance by high-level officials for wiretaps, for example, but are insufficient to regulate a system
capable of mass location-based cellphone monitoring. Meanwhile, Indian citizens are surrendering
more personal informationincluding biometric data, such as fingerprintsto electronic
government databases than ever before. Yet no privacy law offers protection or redress if citizens
personal details or communications are improperly accessed. And while officials tout the
centralized electronic audit trail the system creates each time its used as a security feature, this
data may itself be vulnerable to criminal infiltration.
As the country gears up for national elections in May 2014, these issues will become even more
pressing. The main opposition Bharatiya Janata Party will take on the ruling Congress Party for
control of the Lok Sabha, or lower house. The internet is already taking center stage, with both
sides accusing the other of manipulating online discourse. There is no shortage of engaged civil
actors countering the sometimes hostile online debate and advocating internet freedom. Whether
the next government will be receptive remains to be seen.
OBSTACLES TO ACCESS
Internet usage in India continues to increase, with tens of millions of new users getting online each
year. Internet penetration remains low by global standards, at 11 percent in December 2012,
according to the Telecom Regulatory Authority of India (TRAI).2 The International
Telecommunications Union put penetration closer to 13 percent.3 A pronounced urban-rural
divide persists, and many people access the internet via cybercafes, as only 3 percent of households
have an internet connection, according to recent census data.4 A lack of local language content and
applications also restricts penetration, though the situation is slowly improving.5
Overall mobile penetration was around 70 percent in 2012,6 and mobile access is widespread,
according to the Internet and Mobile Association of India, who reported in October 2012 that
more than 90 percent of active urban internet users got online using a mobile device.7 In January
2013, the government announced plans to allocate frequencies for a 4G network, which will
further facilitate mobile web use.8 Indians under 35 are 83 percent more likely to use mobile
phones to go online at least once a week, compared to 55 percent of 50-64 year olds.9
TelecomRegulatoryAuthorityofIndia,TheIndianTelecomServicesPerformanceIndicatorsAprilJune2012,October11,
2012,http://www.trai.gov.in/WriteReadData/PIRReport/Documents/Indicator%20Reports%20%20Jun12.pdf
3
4
HariKumar,InIndianHomes,PhonesandElectricityonRisebutSanitationandInternetLagging,IndiaInk,NewYorkTimes,
March14,2012,http://nyti.ms/1bhij8L.
5
T.Ramachandran,Soon,theWebWillHave.BharatinLocalLanguages,TheHindu,March8,2013,http://bit.ly/VLN5St.
6
Mobilepenetrationregisteredaslightdeclinefrom72percentin2011,areportingdiscrepancyduetolargescaleservice
disconnectionsin2012.InternationalTelecommunicationUnion,Mobilecellulartelephonesubscriptions,20002012.
7
IAMAI,iCubeIAMAIUrbanReport2012,September27,2012,availableatReadWhere,http://bit.ly/17cPPMC.
8
700MHzSpectrumAuctionfor4GServicesin2014:SibalBusinessLine,TheHindu,January21,2013,http://bit.ly/V18xOC.
9
74%ofthePeoplewithMobilePhoneAccessInternetAtLeastOnceaWeek,Moneycontrol,November26,2012,
http://bit.ly/1fyB2Sv.
INDIA

Information and communication technologies (ICTs) have helped make education and other
services more accessible and inclusive in India.10 However, infrastructural limitations and cost
restrict access, especially to broadband connections, which have overtaken dial-up as the primary
access technology.11 In particular, operators are reluctant to invest in their own tower networks,
and rely instead on third-party services.12 Cable-landing stations, where submarine cables meet the
mainland, often impose hefty fees for allowing ISP traffic to pass in or out. There are 10 such
stations, but the market is dominated by two players, Bharti Airtel and Tata Communications,
which have a combined 93 percent market share.13 ISPs also prefer to be physically close to
international gateways, like the one in Mumbai, where the high cost of real estate drives up hosting
prices.
Partly as a result of these challenges, the top 10 ISPs serve 95 percent of the total internet
subscriber base. Few of the 104 service providers authorized to offer broadband have been able to
penetrate the market given the strong position occupied by state-owned BSNL and MTNL.14
Private companies have met with more success in the mobile phone service market. The top 10
providers are Bharti Airtel, BSNL, Vodafone Essar, Reliance Communications, Idea Cellular, Tata
Communications, Tata Teleservices, Aircel, MTNL, and Tata Teleservices (Maharashtra) Limited
(TTML).15 Licenses are issued following a bidding process, but launching a mobile phone service
business in practice requires considerable financial clout and access to important government
officials. In a decision highlighting such tendencies and other corrupt practices in the
telecommunications sector, the Supreme Court in February 2012 canceled 122 licenses for 2G
mobile phone services. The licenses had been sold at artificially low prices in 2008 to a small
number of favored firms.16
Broadband speeds remain slow in India. Testing by the technology firm Akamai in December 2012
indicated that the average connection speed in India was only 1 Mbps, an improvement from early
2012, but still slow by international standards.17
The government sought to address this through a National Telecom Policy unveiled in May 2012,
focused on providing affordable and quality telecommunication services in rural and remote areas.18
By promoting sustained adoption of technology, the policy seeks to overcome developmental
challenges including access to education, health care and employment.
10
PallaviPriyadarshini,AQuantumLeapwithVirtualClassrooms,NewIndianExpress,April22,2013,http://bit.ly/XYKCpI.
RudradeepBiswas,FixedServicesinIndiaToReachRs240Billionin2012,2%Growthfrom2011,TelecomTalk,July23,
2012,http://telecomtalk.info/fixedservicesinindiatoreachbillion2012growthfrom2011/97402/.
12
NeedtoStrengthenTelecomInfrastructure:RakeshMittal,TheHindu,December6,2012,http://bit.ly/XuJ1GB.
13
AvinashCelestine,BandwidthPrices:WhyWePayMoreForInternetServices,EconomicTimes,March31,2013,
http://articles.economictimes.indiatimes.com/20130331/news/38163288_1_ispsdougmadoryproviders/2.
14
TelecomRegulatoryAuthorityofIndia,TheIndianTelecomServicesPerformanceIndicators:JanuaryMarch2010(NewDelhi:
TRAI,July2010),http://www.trai.gov.in/WriteReadData/trai/upload/Reports/51/finalperformanceindicatorReport9agust.pdf.
15
10TopTelecomServiceProvidersinIndia,Rediff,August9,2010,http://bit.ly/1bhixwA.
16
VikasBajaj,IndianCourtCancelsContentiousWirelessLicenses,NewYorkTimes,February2,2012,ttp://nyti.ms/19NBCn0.
17
IndiasBroadbandHitsSpeedBump,BusinessLine,TheHindu,January24,2013,http://bit.ly/UZvRxS.
18
ShaliniSingh,NewTelecomPolicySeekstoAbolishRoamingCharges,TheHindu,May31,2013,http://bit.ly/16JHCvj.
11
INDIA

While the cost of devices and data access is an obstacle to many in India, surveys indicate that lack
of electricity, low digital literacy, and limited English are also major impediments. Inadequate
power, in particular, is a key road block to internet adoption and usage.19 Indias average peak
power shortagethe amount of electricity it failed to generate when consumption reached a
maximumwas 9 percent between 2007 and 2012.20
Other government projects will benefit the ICT sector, such as the National Optical Fiber
Network, an ambitious two-year proposal to bring broadband speeds of 100 Mbps to rural
districts.21 However, though pilot broadband networks are being developed in three states, the
project is not on schedule for completion within the two years allotted, which concludes in
November 2013.22
In addition to these nationwide challenges, select states battling insurgencies or other security
threats are even more isolated. In the central states colloquially known as the red corridorsonamed for the simmering Maoist insurgency concentrated in remote, tribal areasICT investment
is limited both by the conflict and the fact that other basic needs, such as drinking water and access
to healthcare, are still unmet in many communities.
The national government can impose limits on ICT usage during times of unrest. In August 2012,
officials limited SMS messages to five per user per day for fifteen days in an attempt to control
religious tensions in the northeast.23 State governments also occasionally respond to security
challenges, interfering with connectivity by implementing shutdowns. In February 2013, the state
of Jammu and Kashmir temporarily shut down mobile internet service when a prominent militant
leader was executed.24 Select village councils also occasionally banned women from using mobile
phones on moral grounds. Though they affected a tiny fraction of the population, at least three such
highly localized bans were imposed during the coverage period, one in July in Uttar Pradesh, one in
August in Rajasthan that applied only to girls under the age of 18, and one in Bihar in December.25
The TRAI is the main telecommunications regulatory body, with authority over ISPs and mobile
phone service providers. Established by parliament in 1997, it functions as an independent agency,
offering public consultations and other participatory decision-making processes. The TRAI is
generally perceived as fair. The Ministry of Communications and Information Technology and the
Ministry of Home Affairs also exercise control over several aspects of internet regulation.
Cybercafes, initially straightforward to open and operate, are now regulated under 2008
amendments to the IT Act, which define them as any facility or business offering public internet
19
IndiastilloutoftheNet,DebjaniGhosh,March24,2013.TheHinduBusinessLine,http://bit.ly/14hfEuu.
Indiasuffered9pcpeakpowershortageduring200712:EconomicSurvey,February27,2013,http://bit.ly/13j9zh0.
21
IndianGovernmenttoSpendRs368BilliononITin2013:Gartner,ChannelWorld,February5,2013,http://bit.ly/1azx31S.
22
BharatBroadbandtoManageOpticalFibreProjectThomasKThomas,TheHindu,February23,2013,http://bit.ly/15kheug.
23
MadelineEarp,India'sClumsyInternetCrackdown,CPJBlog,August22,2012,http://bit.ly/SofdHr.
24
CommitteetoProtectJournalists,KashmirRestrictsCableTV,InternetService,February11,2013,http://bit.ly/14T8agV.
25
LakshmiSarah,WomenBannedfromUsingMobilePhonesinIndianVillages,GlobalVoices,December8,2012,
http://globalvoicesonline.org/2012/12/08/womenbannedfromusingmobilephonesinindianvillages/.
20
INDIA

access.26 Obtaining a license can require approval from multiple agencies, though reporters in the
city of Bangalore could not locate a single authority responsible for issuing it.27 Some states levy
license fees.28 Regulations from 2011 oblige cybercafes to register, censor and monitor
customers;29 critics noted these requirements went beyond the IT Act provisions which prescribed
them.30 A March 2012 notice mandated each institution register for an official number,31 a process
distinct from licensing that overlaps with existing state or municipal laws,32 but without specifying
the timeframe, penalties for non-compliance or even the identity of the registration agency
responsible. Some owners, already facing loss of revenue due to projected growth in personal
connections, found the requirements burdensome.33 Enforcement varied significantly around the
country.34
LIMITS ON CONTENT
The government ordered ISPs to block hundreds of websites and URLs in an effort to contain
religious unrest in 2012; whole platforms were affected in Jammu and Kashmir. Misguided court
orders also resulted in content blocks164 websites became inaccessible in just two days in
February 2013. Corporate actors battling piracy caused ISPs to block entire video- and file-sharing
sites. Intermediaries who fail to satisfy personal complainants offended by their content are liable to
criminal and civil penalties under harsh guidelines that were subject to legal challenges during the
coverage period. But despite civil society protests, reform has yet to materialize, while legal
proceedings against several global internet companies are ongoing. Right-wing Internet Hindus,
that some say have political backing, had a negative impact on the online space in the past year,
bombarding opponents with hostile comments. Women reported particularly aggressive electronic
threats. Yet citizens also embraced digital tools to promote street protests after a brutal rape and
murder in December 2012, prompting some legislative reforms.
Political censorship is by no means pervasive in India. It has increased, however, since a 2008
amendment to the IT Act granted the government power to block any content in the interests of
defense, national security, sovereignty, friendly relations with foreign states, and public order.35
The OpenNet Initiative reported no filtering of political and social content in India in 2007,36 but
26
DepartmentofElectronicsandInformationTechnology,InformationTechnologyAct,http://bit.ly/STh7NX.
H.M.ChaithanyaSwamy,DNAspecial:NumberofLicensedCyberCafesinCity?Zero,DNAIndia,October15,2012,
http://www.dnaindia.com/bangalore/1752626/reportdnaspecialnumberoflicensedcybercafesincityzero.
28
CyberCafesinPunetoPayLicenceFees,DNAIndia,June25,2011,http://bit.ly/19dZZcD.
29
DepartmentofInformationTechnology,InformationTechnology(GuidelinesforCyberCafe)Rules,2011,
http://deity.gov.in/sites/upload_files/dit/files/GSR315E_10511(1).pdf.
30
BhairavAcharya,CommentsontheInformationTechnology(GuidelinesforCyberCafe)Rules,2011,CenterforInformation
andSociety,March31,2013,http://bit.ly/13KCBY5.
31
DepartmentofInformationTechnology,NotificationG.S.R.153(E),http://bit.ly/1dPHjoM.
32
BhairavAcharya,CommentsontheInformationTechnology(GuidelinesforCyberCafe)Rules;DebabrataMohapatra,
OnlineRegistrationforCyberCafes,TimesofIndia,May8,2013,http://bit.ly/1fyBDnk.
33
BhuvanBagga,DelhiGovernmenttoWatchOverCyberCafes,IndiaToday,August22,2012,http://bit.ly/QopVsK.
34
SayantaneeChoudhury,CybercafeOwnersinPatnaViolateRules,TimesofIndia,July23,2013,http://bit.ly/19K4QnT;
PoliceVigilantAgainstShoddyCyberCafes,TimesofIndia,January30,2013,http://bit.ly/YnTOQp.
35
DepartmentofElectronicsandInformationTechnology,InformationTechnologyAct.
36
OpenNetInitiative,India,2007,https://opennet.net/sites/opennet.net/files/india.pdf.
27
INDIA

selective blocking of both in 2012, while transparency surrounding the blocking process declined.37
Religious and political extremist commentary was consistently targeted. Troublingly, websites
with information on human rights in India, internet tools such as proxies, and content related to
free expression were also selectively filtered. Blocks on pornography were fewer than those
affecting other kinds of information.38
Though the 2008 amendment subjects the governments blocking authority to procedure and
safeguards, the 2009 rules which outlined these processes are inadequate, and not always followed
in practice.39 Service providers block websites at the behest of a committee of representatives from
the ministries of law, justice, home affairs, information and broadcasting, and the cybercrime
authority, the Indian Computer Emergency Response Team (CERT-In), which operates under the
Department of Information Technology, often abbreviated as DIT. Citizens cant personally contact
this group, but officials or police can submit vetted complaints on their behalf to the committee,
who must give the person or intermediary who posted the contested information 48 hours to
respond. Whether they do or not, the committee assesses the complaint, and sends those it
considers legitimate to the IT department secretary for approval before directing service providers
to implement blocks. The incumbent secretary is J. Satyanarayana.40 In emergencies, he has the
power to issue a temporary order directly if the committee subsequently reviews it within 48
hours. A review committee is expected to review all blocking decisions made under the law every
other month.
Unfortunately, public misperceptions about this process undermine it in practice. Most news
reports cite CERT-In as the authority behind website blocking, and the governmental department
responsible as the Department of Telecom (DOT) based on earlier iterations of the act.41 In fact,
DOT has relinquished this authority to DIT, a subtle change barely clarified by the DITs redesignation as the Department of Electronics and Information Technology (DEITY) in April 2012.42
Meanwhile, CERT-Ins power to authorize blocks passed to the committee outlined above. That
bodys name under rule 8(4) for section 69A of the 2008 act is committee for examination of
requestswhich can also be abbreviated as CER.43 The imprecision surrounding these two entities
is not just from the acronyms. Both CERT-In and CER are headed by the same person, Gulshan
Rai.44 The fact that he is empowered to sanction ISPs to block content is based on his role as the
designated officer under the 2009 rules, rather than his position as director-general of the
institution which manages cybercrimethough that institution, CERT-In, can issue requests to
37
OpenNetInitiative,India.
OpenNetInitiative,India.
39
DepartmentofElectronicsandInformationTechnology,NotificationofRulesunderSection52,54,69,69A,69B,October
27,2009,http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/Itrules301009.pdf.
40
DepartmentofElectronicsandInformationTechnology,PeopleandOffices,http://deity.gov.in/content/peopleandoffices.
41
DepartmentofInformationTechnology,MinisterialOrderonBlockingofWebsites,July7,2003,TheInformation
TechnologyAct2000,(NewDelhi:UniversalLawPublishing,2011)156,http://bit.ly/1dPEKmD.
42
DepartmentofInformationTechnologyRenamedasDepartmentofElectronicsandIT,PressTrustofIndiaviaNDTV,April
18,2012,http://bit.ly/HYXfoy.
43
FortheCER,seePraneshPrakash,DIT'sResponsetoRTIonWebsiteBlocking,CenterforInformationandSociety,April7,
2011,http://cisindia.org/internetgovernance/blog/rtiresponseditblocking.Forpre2008rules,see;
44
SahilMakkar,GulshanRai|WeBelieveintheFreedomofSpeechandExpression,January31,2012,http://bit.ly/TtaW28.
RaiwasnamedIndiasfirstnationalcybersecuritycoordinatorinMay2013.Itsnotclearhowthiswillaffecthisotherroles.
See,GulshanRaitobefirstNationalCyberSecurityCoordinator,IndianExpress,May10,2013,http://bit.ly/148cJBC.
38
INDIA

takedown or delete illegal content. This introduces further ambiguity, but regardless of how the
authority is distributed between these groups, they all operate under the powerful Minister of
Communications and Information Technology, Kapal Sibal, whose cabinet portfolio was extended
in May 2013 to include the law ministry.45 Popular criticism that content controls are too
centralized may focus on the wrong institutions, but the underlying concern is often legitimate.
As in many democracies, the Indian judiciary is an independent arbiter of content disputes, and the
government approves blocking orders submitted by the courts automatically. Regrettably, this
gives local courtswho are often subject to social and political pressure, lack experience with
internet issues, and can make rulings ex parte, meaning that they only hear one side of the case
considerable power to curb content. In some cases, service providers complied with blocking
orders sent by lawyers informing them of a court decision, instead of an official notice, introducing
additional scope for abuse.46 In February 2013, Rais committee instructed ISPs to block more than
70 URLs criticizing the Indian Institute of Planning and Management, a private business school, and
its founder Arindam Chaudhuri, on the order of a district court in Madhya Pradesh, which was
hearing a defamation suit filed by the institute.47 One of the websites targeted belonged to the
University Grants Commission,48 which accredits higher educational institutions and refuses to
recognize Chaudhuris right to award degrees, a decision he characterized as defamatory.49 Dozens
of news articles reporting on the dispute, by Outlook magazine, the Times of India, the Wall Street
Journal and the satirical website fakingnews, among others, were also blocked.50 Since court orders
are meant to be stayed by other courts, several news reports said the government would have to
appeal against blocking that its own agencies had facilitatedone whose principle victim, the
Commission, was a statutory body of the Indian government.51
Since 2011, a handful of higher courts have blocked content relating to copyright violations through
particularly broad John Doeor in India, Ashok Kumarorders, which dont name a defendant.52
These are not only pre-emptivepassed to prevent future violations of a movie that is not yet
releasedthey are also misused by entertainment companies to make ISPs block entire platforms,
whether or not they are hosting pirated material.53 This was demonstrated in May 2012 when as
many as 38 ISPs completely blocked a range of platforms, ranging from video site Vimeo to filesharing websites; some reports said they were inaccessible for as long as a month.54 The New Delhi45
AnirudhWadhwa,AToDoListfortheNewLawMinister,May16,2013,http://bit.ly/182ul3Y.
ShaliniSingh,164ItemsBlockedOnlineinJust2Days,MostlyonCourtOrders,TheHindu,February22,2013,
http://www.thehindu.com/news/national/164itemsblockedonlineinjust2daysmostlyoncourtorders/article4439917.ece.
47
DirectedbyCourt,DoTMovestoBlock73URLsCriticalofIIPM,TimesofIndia,February15,2013,http://bit.ly/XnqrPz.
48
UniversityGrantsCommission,Genesis,http://www.ugc.ac.in/page/Genesis.aspx.
49
UrmiGoswami,UGCAgainWarnsStudentsAboutIIPM,February19,2013,http://bit.ly/1hbu1CT.
50
DanishRaza,GladDefamatoryLinkswithMaliciousInterestsRemoved:ArindamChaudhuri,Firstpost,February18,2013,
http://bit.ly/1bhiWiT.
51
ShaliniSingh,164ItemsBlockedOnlineinJust2Days;GovtWillChallengeOrdertoBlock78WebPagesonIIPM,Timesof
India,February20,2013,http://bit.ly/ZvS63I.
52
KianGanz,[Update:DownloadGangsofWasseypurOrder]BombayHCPassesFirstAntipiracyJohnDoeOrder,asLawFirms
CommoditisetheNewVertical,LegallyIndia,June15,2012,http://bit.ly/KIibkI.
53
AparGupta,AshokKumarisaHabitualOffender,IndiaLawandTechnologyBlog,May18,2013,http://bit.ly/KsTdoC;Abhik
Majumdar,What'swiththisKolaveriaboutJohnDoeInjunctions?LawandOtherThings,June3,2012,http://bit.ly/164cgUk.
54
AnupamSaxena,ISPWiseListOfBlockedSites#IndiaBlocks,Medianama,May17,2012,http://bit.ly/Jl5wlr;Software
FreedomLawCenter,WhenCopyrightTramplesontheRighttoFreedomofExpression,July2,2012,http://bit.ly/19e0GCF.
46
INDIA

based Software Freedom Law Center said Copyright Labs, an agency representing a movie
production company, had interpreted an April court order from the Madras High Court in
Chennai, state capital of Tamil Nadu, to allow absolute blocking, and that ISPs had complied; the
court subsequently clarified that the order was only intended to affect specific URLs, not whole
platforms.55 Experts hope this clarification will encourage ISPs to contest widespread orders,56
though some of the sites remained inaccessible even after the courts statement, and some news
reports said more than 20 other John Doe orders issued by courts around the country are still open
to wrongful implementation.57
These processes are not transparent for internet users, who are not informed of blocks until they
encounter an error messagethe 2008 IT amendment actually prohibits blocking complaints and
decisions being made public. In some cases, error notifications cite a generic technical fault; in
others, they add to confusion by citing an order from the DOT instead of DEITY. (Asked about one
of these notifications, the DOT clarified that it was not responsible.58) In 2011, the Bangalore-based
Center for Internet and Society obtained a list of 11 blocks via a freedom of information request,
which it matched to 11 judicial orders.59 Even then, there was no definitive way of confirming if the
block came through via a court or DEITYand consequently, no clear avenue for appeal. Results
can even vary by ISP. Many rely on domain name system (DNS) tampering to stop users from
visiting specific URLs or domains. In theory, this allows ISPs to interrupt the connection between
an individual blog page and the person trying to retrieve it, and should not affect entire platforms.
In practice, blocks are frequently overbroad, making it impossible to know which websites were
targeted and which fell victim to collateral blocking.60 In late 2012, the Toronto-based research
group Citizen Lab reported three ISPs in India using PacketShaper technology, which allows more
sophisticated blocking and throttling.61 In April 2013, the Economic Times, citing minutes from a
Home Ministry meeting, said the government planned to ask ISPs to segregate IP addresses by state
to allow content blocking and monitoring on a regional basis.62
More nuanced filtering might seem like a welcome development in light of the court orders
outlined above. In reality, it is cause for concern, given the disproportionate number of blocks
ordered in the past year. In addition to the examples already considered, several hundred more
pages were blocked based on communal or religious unrest. In August 2012, tensions between
Muslims and non-Muslims in northeastern states including Assam, Karnataka, Tamil Nadu, and
Maharashtra caused thousands to flee the region and sparked violence in cities around the country.
55
SoftwareFreedomLawCenter,WhenCopyrightTramplesontheRighttoFreedomofExpression.
NikhilPahwa,NoMoreJohnDoeOrders?IndianISPsGetCourtOrderForSpecificityInURLBlocks,Medianama,June20,
2012,http://www.medianama.com/2012/06/223nomorejohndoeordersindianispsgetcourtorderforspecificityinurls/.
57
PrasadKrishna,ReplytoRTIApplicationonBlockingofWebsiteandRule419AofIndianTelegraphRules,1951,Centerfor
InformationandSociety,March21,2013,http://bit.ly/16JEbVd.
58
KulBhushan,AnonymousTakesDownIIPMSitesAfterDoTBlocksDefamatoryURLs,ThinkDigit,February18,2013,
http://www.thinkdigit.com/Internet/AnonymoustakesdownIIPMsitesafterDoT_13515.html.
59
PraneshPrakash,DITsResponsetoRTIonWebsiteBlocking,CenterforInternetandSociety,April7,2011,
http://cisindia.org/internetgovernance/blog/rtiresponseditblocking.
60
OpenNetInitiative,India,2012.
61
T.Ramachandran,IndianISPsTooResortingtoCensorship,TheHindu,February9,2013,http://bit.ly/1bhjlBC.
62
JojiThomasPhilip,NetTelephonyProvidersWillbeAskedtoSetUpServersinIndia,EconomicTimes,May20,2013,
http://bit.ly/15BHST3.
56
INDIA

The government said that online hate speech, including falsified images of Muslims suffering violent
attacks, was deliberately circulated to exacerbate the violence, and ordered blocks on at least 309
specific online items, a figure which was leaked to the press.63 That number, which did not
differentiate between blocks on entire platforms or individual URLs, was probably conservative,
and the blocking was widely censured as indiscriminate.
Instead of combatting inflammatory content, the governments action disabled many objective
sources of information, such as the Twitter handles of New Delhi-based journalists Shiv Aroor and
Kanchan Gupta, who used their accounts to report on the unrest. News reports said that only a fifth
of sites targeted mentioned the northeast, which undermined public trust in the action.64 Officials
accused Pakistani authorities of orchestrating online hate campaigns, adding a possible political
motive for blocking. Other content, including a handful of political Twitter accounts such as
@DrYumYumSingh, which spoofs Prime Minister Manmohan Singh, became inaccessible at the
same time, although they were not on the leaked list, leading many to wonder if political critics
were being singled out as well.65 Other reports said Twitter had removed some accounts for
violating user agreements.66 In February 2013, the Press Trust of India said a high-level
government committee had decreed that 306 blocks on Twitter accounts implemented during this
period were lawful, while four were not. Its not clear which accounts were affected or whether
this number related to the 309 items described above, most of which were not hosted by Twitter.67
Over 240 further URLs were reportedly blocked in November 2012 in relation to the anti-Islamic
Innocence of Muslims video uploaded in the United States in September, which prompted
protests by Muslim communities throughout Asia. Minister Sibal publicly announced the blocks,
and said more were forthcoming.68 Google separately reported having blocked access from India to
several YouTube videos related to the Innocence of Muslims video, based on government
request.69
Restrictions were more severe in the Muslim-majority state of Jammu and Kashmir, where militant
groups seek political autonomy or union with Pakistan. After Innocence of Muslims caused mass
protests in September 2012, residents of the state reported the blocking of several social networks,
including Facebook and YouTube, as well as some disruption to e-mail, search engines, and
Blackberry phone service; other mobile providers also blocked internet access altogether.70 News
reports said the state government ordered these shutdowns under Section 5(2) of the Indian
Telegraph Act 1885, which shouldnt be possible, because it only pertains to the emergency
63
PraneshPrakash,AnalysingLatestListofBlockedSites(Communalism&RiotingEdition),CenterforInternetandSociety,
August22,2012,http://cisindia.org/internetgovernance/blog/analysingblockedsitesriotscommunalism.
64
MadelineEarp,India'sClumsyInternetCrackdown.
65
PraneshPrakash,AnalysingLatestListofBlockedSites.
66
KulBhushan,Facebook,GoogletoHelpIndiaRemoveHateContent;TwitterBlocksFakeAccounts,ThinkDigit,August22,
2012,http://www.thinkdigit.com/Internet/FacebookGoogletohelpIndiaremovehate_10526.html.
67
GovernmentPanelOkaysBlockingof306TwitterAccounts,PressTrustofIndia,viaTimesofIndia,February6,2013,
http://bit.ly/WSYZst.
68
GovernmentBlocks240WeblinksRelatedtoProvocativeFilm,PressTrustofIndiaviaNDTV,November1,2012,
http://gadgets.ndtv.com/internet/news/governmentblocks240weblinksrelatedtoprovocativefilm287053.
69
Google,India,JulytoDecember2012,inTransparencyReport,http://bit.ly/1biQu3o.
70
YouTube,FacebookBlockedonMobile,GreaterKashmir,September30,2012,http://bit.ly/QDF7Hq.
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interception of electronic communications.71 But while the state information and technology
minister denied the order,72 at least two service providers confirmed that there was a state-wide
ban on Facebook and YouTube.73 Service was subsequently restored. On February 14 and 15,
however, DEITY ordered national blocks on more than 80 individual YouTube and Facebook pages
after a Kashmiri sentenced to death for assisting with a Pakistani terrorist attack on Indias
parliament in 2001 was executed without warning or, critics said, due process.74 The Hindu
newspaper reported that the block was based on a court order procured by Jammu and Kashmir
police.75 Since these were implemented at the same time as the ones involving the business institute
described above, Indian ISPs blocked 164 pages based on court orders in the space of two days,
some due to a highly politicized conflict, others from private, commercial interests.
Administrative requests requiring service providers to take down content also spiked during these
incidents. Facebook cooperated with the government during the northeastern unrest, though it was
not clear how many pages were taken down as a result.76 Twitter was asked to remove 20 accounts,
but the extent of their cooperation was also unclear.77 Google reported that removal requests from
India in the second half of 2012 increased 90 percent compared to the first part of the year, notably
from CERT-In during the northeastern riots, but the company did not comply with all.78 While
international companies often independently assess deletion requests to see if the flagged content
violates local law or user guidelines before complying, domestic companies may be less
discriminating. In March 2013, the Software Freedom Law Center said police ordered a web portal
to delete an allegedly defamatory article under Section 91 of the penal code, which allows them to
request information for the purposes of an ongoing investigationeven though the section does not
provide for deletion of online content and is not applicable in defamation investigations. It was not
an isolated incidence, the Center reported.79
Intermediaries are pressured into policing content by multiple actors. Both local and overseas
companies are vulnerable to criminal prosecution if they fail to comply with complaints about
contentnot just from officials, but from anyone in India. The 2000 IT amendment made them
liable for illegal content posted by third parties, though Section 79 of the 2008 amendment
introduced some protections for companies and their customers.80 In April 2011, however,
Information Technology (Intermediaries Guidelines) Rules implementing the act undermined these
protectionsomitting, for example, any requirement to notify the person responsible for the
censored material.81 The guidelines, which cover internet and mobile service providers as well as
71
SnehashishGhosh,IndianTelegraphAct,1885,CenterforInternetandSociety,March15,2013,http://bit.ly/15Cdzq0.
YoutubeandFacebookBlockedinKashmir,AlJazeera,October2,2012,http://aje.me/PSPJjK.
73
KulBhushan,YouTube,FacebookBannedinKashmir:Reports,ThinkDigit,October1,2012,http://bit.ly/W6Z4XA.
74
ArundhatiRoy,AfzalGuru'sHangingHasCreatedaDangerouslyRadioactivePoliticalFallout,Guardian,February18,2013,
http://www.theguardian.com/commentisfree/2013/feb/18/afzalgurudangerouspoliticalfallout.
75
ShaliniSingh,164ItemsBlockedOnlineinJust2Days.
76
WorkingWithGovernmenttoRemoveHatefulContent:Facebook,IndoAsianNewsServiceviaNDTV,August21,2012,
http://www.ndtv.com/article/india/workingwithgovernmenttoremovehatefulcontentfacebook257603.
77
IndiaFacesTwitterBacklashoverInternetClampdown,Reuters,August24,2012,http://reut.rs/O8kGha.
78
Google,India.
79
S.91ofCrPCtheOmnipotentProvision?SoftwareFreedomLawCenter,March19,2013,http://bit.ly/18zxqdo.
80
EricaNewland,ShieldingtheMessengers:InternetonTrialinIndia,CenterforDemocracyandTechnology,March20,2012,
https://www.cdt.org/blogs/ericanewland/2003shieldingmessengersinternettrialindia.
81
VikasBajaj,IndiaPutsTightLeashonInternetFreeSpeech,NewYorkTimes,April27,2011,http://nyti.ms/15BHZ0P.
72
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web hosts, search engines and social networks, require them to disable access to offensive content
within 36 hours of discovering it or receiving a complaint, either by blocking it or taking it down,
or face prosecution leading to possible fines or jail terms.82 A March 2013 clarification stated that
acknowledging a complaint within 36 hours was sufficient if the content was disabled within a
month.83 This confused the process further, while doing nothing to address other glaring
oversights.84
While the CER committee explicitly limited the power of private complainants, the Guidelines
opened the floodgates. Any individual can complain to a service provider about content that they
deem, for example, defamatory, disparaging, harmful, blasphemous, pornographic, promoting
gambling or infringing proprietary rights.85 None of these categories are defined. Experts say many
violate the constitution by restricting legal speechwatching pornography, for example, is legal in
India, and there are no limits on disparaging,86a failing criticized by a parliamentary committee
in March 2013.87 Critics also objected to the 2011 rules telling cybercafes to stop users from
accessing pornography on similar grounds; they were encouraged to install filtering software,
although its not clear how many complied.88
May 2012 amendments to the Copyright Act limited liability for intermediaries such as search
engines that link to illegally-copied material, but mandated that they disable public access for 21
days within 36 hours of receiving written notice from the copyright holder, pending a court order
to block or remove the link.89 Rules clarifying the amendment in March 2013 appeared to give
intermediaries power to assess the legitimacy of the notice from the copyright holder and refuse to
comply, but critics said the language was too vague to restore the balance between the complainant
and the intermediary.90
Civil society has been active in opposing the Intermediary Guidelines. In tests, the Center for
Internet and Society demonstrated they could be used to render thousands of innocuous posts
82
UjwalaUppaluri,ConstitutionalAnalysisoftheInformationTechnology(Intermediaries'Guidelines)Rules,2011,Centerfor
InternetandSociety,July16,2012,http://bit.ly/1fRtyI2;AmolSharma,IsIndiaIgnoringitsownInternetProtections?Wall
StreetJournal,January16,2012,http://on.wsj.com/xTjSiG.
83
DepartmentofElectronicsandInformationTechnology,ClarificationonTheInformationTechnology(Intermediary
Guidelines)Rules,2011undersection79oftheInformationTechnologyAct,2000,March18,2013,http://bit.ly/17cRimc.
84
B.Singh,ClarificationOnTheInformationTechnology(IntermediaryGuidelines)Rules,2011UnderSection79OfThe
InformationTechnologyAct,2000,CenterOfExcellenceForCyberSecurityResearchAndDevelopmentInIndia,April4,2013,
http://perry4law.org/cecsrdi/?p=621.
85
MinistryofCommunicationsandInformationTechnology,InformationTechnologyAct,2000,April11,2011,
http://www.mit.gov.in/sites/upload_files/dit/files/RNUS_CyberLaw_15411.pdf.
86
UjwalaUppaluri,ConstitutionalAnalysis.
87
IshanSrivastava,ParliamentPanelBlastsGovtOverAmbiguousInternetLaws,TimesofIndia,March28,2013,
http://articles.timesofindia.indiatimes.com/20130328/internet/38098800_1_rulesselfregulationpraneshprakash.
88
JavedAnwer,NoAccesstoPornographyinCyberCafes,DeclareNewRules,TimesofIndia,April26,2011,
http://articles.timesofindia.indiatimes.com/20110426/internet/29474462_1_cybercafecafeownerscubicles.
89
Specifically,anyprovidersofferingtransientorincidentalstorageofaworkorperformancepurelyinthetechnicalprocess
ofelectronictransmissionorcommunicationtothepublicthroughlinks,accessorintegration.See,PraneshPrakash,
AnalysisoftheCopyright(Amendment)Bill2012,CenterforInternetandSociety,May23,2012,http://bit.ly/JSDMLg;
MinistryofLawandJustice,Copyright(Amendment)Act2012,June7,2012,http://bit.ly/Kt1vlQ.
90
ChaitanyaRamachandran,GuestPost:ALookattheNewNoticeandTakedownRegimeUndertheCopyrightRules,2013,
SpicyIP,April29,2013,http://bit.ly/16zSzWf;MinistryofHumanResourceDevelopment,CopyrightRules2013,March14,
2013,http://bit.ly/YrhCS5.
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inaccessible.91 Legal challenges are pending, including one submitted by a cyberlaw expert in
Kerala in early 2012, who called them unconstitutional.92 In April 2013, the Supreme Court agreed
to reexamine them based on a petition by a consumer affairs website.93 The site, MouthShut, which
hosts user-generated reviews of products and services, said it had faced hundreds of legal notices,
cybercrime complaints and defamation cases based on the rules, as well as calls from police officers
to delete negative reviews.94 The case is still pending.95
Other companies have been hit with criminal and civil charges even when there was no evidence
that they were aware of the offending content, when they subsequently deleted it, or when they
had no control over user-generated content hosted overseas by parent companies. Some of
Googles mapping practices left the companys representatives liable for 3 years imprisonment,
according to one expert.96 In December 2011, journalist Vinay Rai filed a criminal complaint
against 21 internet firms, including Facebook and Google, for hosting content he considered
offensive, such as images depicting religious figures.97 The charges invoked articles of the penal
code that ban the sale of offensive material, including to minors, and punish criminal conspiracy.98
Even under the broad auspices of the Intermediary Guidelines, the case had no foundation, because
there was no evidence he had complained about the images. Some subsequently blocked the
content, and others had charges dismissed on technical grounds,99 but proceedings involving 11
companies were ongoing in May 2013.100 Civil content complaints are also being heard by Indian
courts, including one against several internet firms filed by Islamic scholar Aijaz Arshad Qasmi filed
in December 2011.101 Meanwhile, Facebook was subject to a police complaint in November 2012
for disabling an activists account. The activist, based in Uttar Pradesh, said the closure was
triggered by complaints from other internet users made in retaliation for his work.102
Individuals, as well as companies, are liable for third-party generated content. In 2009, the
Supreme Court declined to quash a lawsuit against a student relating to third party comments in a
group he created on Googles social network Orkut, rendering bloggers liable to civil or criminal
91
KirstyHughes,InternetFreedominIndiaOpentoDebate,IndexonCensorship,January22,2013,http://bit.ly/Xwxtxz.
PrachiShrivastava,ReadPartsofFirstWritChallengingCensoriousITActIntermediariesRulesinKerala,LegallyIndia,
March6,2012,http://bit.ly/w4J7AN.
93
AshokBindra,SupremeCourtofIndiatoExaminetheValidityof2011ITRulesAct,TMCNet,May1,2013,
http://www.tmcnet.com/topics/articles/2013/05/01/336479supremecourtindiaexaminevalidity2011itrules.htm.
94
NikhilPahwa,MouthShutChallengesITRulesInTheSupremeCourtOfIndia,Medianama,April23,2013,
http://www.medianama.com/2013/04/223mouthshutitrulessupremecourtofindia/.
95
StopCryingWolf:JustWaitandWatch!SoftwareFreedomLawCenter,August23,2013,http://bit.ly/12rUOqJ.
96
S.RonendraSingh,GoogleShouldFollowIndianLaws,sayRivalMapmakers,TheHindu,April7,2013,http://bit.ly/Y6hnQV.
97
AmolSharma,Facebook,GoogletoStandTrialinIndia,WallStreetJournal,March13,2012,http://on.wsj.com/x7z1ZT.
98
RishiMajumder,TheWarontheWebisaWaronUs,Tehelka,February18,2012,http://bit.ly/1bhno11.
99
PratapPatnaikandBibhudattaPradhan,IndianCourtQuashesChargesAgainstMicrosoftonContent,Bloomberg,March
19,2012,http://bloom.bg/x8qhvq;KulBhushan,WebCensorship:DelhiCourtDropsGoogleIndia,7OthersFromLawsuit,
April13,2012,http://www.thinkdigit.com/Internet/WebcensorshipDelhicourtdropsGoogleIndia_9279.html.
100
USSnubsIndiaOverCaseAgainstGoogle,Facebook,PressTrustofIndiaviaNDTV,May3,2013,http://bit.ly/104kAkV.
101
KulBhushan,WebCensorshipRow:DelhiCourttoSummonFacebookViaEmail,ThinkDigit,April20,2013,
http://www.thinkdigit.com/Internet/WebcensorshiprowDelhicourttosummon_9349.html.
102
PrasantNaidu,LucknowLawyerFilesFIRAgainstFacebookForDisablingHisAccount,LighthouseInsights,November20,
2012,http://lighthouseinsights.in/lucknowlawyerfilesfiragainstfacebookfordisablinghisaccount.html.
92
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prosecution for comments posted by third parties.103 No prosecutions have been reported since this
ruling, but it may have encouraged self-censorship. Online journalists and bloggers approach
certain topics with caution, including religion, communalism, the corporate-government nexus,
links between government and organized crime, Kashmiri separatism, and hostile rhetoric from
Pakistan.
The central authorities are not known to systematically employ progovernment commentators, but
other factors exert a manipulative influence on digital discourse. Paid news, or advertorials, are
common in the traditional media in India, from unclear disclosure of paid endorsements to bribery
and other kickbacks for coverage. In mid-2013, Indian digital media website Medianama reported
this phenomenon had increased on digital platforms in the past three years.104
Of greater concern for political and social expression are the estimated 20,000 nationalistic
Internet Hindus trolling websites to attack those who discuss sensitive topics online, some posting
up to 300 comments a day.105 While far from the only group with an agenda on the Indian web,
they are so numerous, so committed and can appear so organized that they may have a
disproportionate impact on legislators. Commentators note that official content regulation has
occurred in step with the increase of aggressive, partisan debates being driven by national events
like the 2008 terror attacks.106 Some go further, tying the activity directly to the opposition
Bharatiya Janata Party, who acknowledged operating 100 paid social media campaigners posting
under multiple IDs in early 2013, but denied allegations that they flood the internet with rightwing propaganda.107 The ruling Congress party launched a rival online campaign in April but
denied compensating participants. Internet users in India occasionally accuse individuals or media in
Pakistan of manipulating discussions about the disputed Kashmir valley in domestic online forums,
and some insurgent groups have also used digital tools to spread propaganda.108 There is plenty of
outspoken pushback against politicized trolling, but others may be deterred from expressing their
views.
Many traditionally marginalized groups benefit from internet access to share information and
connect with others, including Dalits, who are at the bottom of the Hindu caste system.109 While
rural and impoverished communities are underserved by internet access, mobile initiatives like
CGNet encourage villagers to report news and information to the moderators of a central online
103
MarshallKirkpatrick,OrkutUserLosesinIndianSupremeCourt,ReadWrite,February24,2009,
http://readwrite.com/2009/02/24/orkut_user_loses_in_indian_sup#awesm=~ogYvZHQ5ELvHTf.
104
NikhilPahwa,OurViewsOnPaidNewsInDigitalMedia&BlogsInIndia,Medianama,June21,2013,http://bit.ly/17r8VRE.
105
JasonOverdorf,India:MeettheInternetHindus,GlobalPost,June18,2012,http://bit.ly/Pac0bP.
106
RamachandraGuha,WhoMilksthisCow?Outlook,November19,2012,http://bit.ly/Z25RV0.
107
KunalPradhan,Election#2014:AsCyberWarRoomsGetBattleReady,BJPandCongressareReachingOuttoaNew
ConstituencySpreadAcrossSocialMedia,IndiaToday,February8,2013,http://bit.ly/16DM9Rv.
108
RashmiDrolia,ChhattisgarhCyberPoliceasksFacebooktoShutDownMaoistPage,TimesofIndia,June1,2013,
http://articles.timesofindia.indiatimes.com/20130601/india/39673868_1_facebookpagefacebookauthoritiesprofile.
109
PramodK.Nayar,TheDigitalDalit:SubalternityAndCyberspace,TheSriLankaJournaloftheHumanities37(1&2)2011,
availableatAcademia,http://www.academia.edu/1482588/THE_DIGITAL_DALIT_SUBALTERNITY_AND_CYBERSPACE.
INDIA

forum via calls or SMS.110 Begun in Chhattisgarh, the project has moved to nearby Madhya Pradesh
and receives around 500 reports a day.111
Online activists are also vocal on internet freedom issues, such as the content regulation that
followed the northeastern riots.112 Charges against social network users under the IT Acts vague
Section 66 also sparked strong public opposition, though these have yet to see effective results (see
Violations of User Rights). Human rights issues spurred online actions during the coverage period,
particularly in the aftermath of a shocking gang rape on December 16, 2012. Inspired by the success
of a 2011 social media movement in support of anti-corruption campaigner Anna Hazare,113 a
number of social media campaigns became part of what some dubbed the nirbhaya (fearless one)
movement, helping propel womens rights onto the public agenda.114 This helped drive public
protests, which achieved some results when the government introduced two new pieces of
legislation that parliament ratified in February and April, strengthening the legal penalties for sexual
harassment.115 However, others called for tighter regulation of online pornography as the driver
behind the rise in sexual assaults against women.116 The debate has yet to improve the online
environment for women. Many say authorities are reluctant to recognize online threats and
harassment as violations of the IT Act.117 An all-female rock band in the Kashmir valley disbanded
after online threats from radical religious groups.118

Police around the country abused laws to threaten internet users during the coverage period. They
were particularly active in Maharastra state, where blogger and cartoonist Aseem Trivedi was held
for several days on sedition charges, and five people were detained for social media posts,
sometimes in the middle of the night. At least eight more were charged for social media activity in
other states under Section 66 of the IT Act, including three men in Jammu and Kashmir who were
held for 40 days. Civil society opposition has yet to result in significant reform. Government
surveillance, which requires no judicial oversight, is transitioning to a secretive, multi-million
dollar Central Monitoring System, allowing officials to retrieve content and metadata from any
electronic communication in India in real time, without the help of service providers. Much of the
architecture of the system is already in place, and is scheduled to be fully operational by 2014,
110
PreetiMudliar,JonathanDonner,andWilliamThies,EmergentPracticesAroundCGNetSwara,AVoiceForumforCitizen
JournalisminRuralIndia,MicrosoftResearch,March2012,http://research.microsoft.com/apps/pubs/?id=156562.
111
ElisaTinsley,InRuralIndia,aHubforTech,MobileInnovationGivesIsolatedPeopleaVoice,InternationalJournalists
Network,September5,2013,http://ijnet.org/blog/ruralindiahubtechmobileinnovationgivesisolatedpeoplevoice.
112
GovtvsTwitterProvokesAngryReactions,HashtagslikeEmergency2012,NDTV,August23,2012,http://bit.ly/OyHngx.
113
JaimonJoseph,HowAnnaHazareBecameaMediaPhenomenon,IBNLive,August22,2011,http://bit.ly/16JFofn.
114
ShomaChaudhary,TheGirlWhoFiredanOutcryinIndia,DailyBeast,April3,2013,http://thebea.st/11V6lMR;Swasti
Chatterjee,8MonthsAftertheNirbhayaCase,WhereDoWeStand?TimesofIndia,August25,2013,http://bit.ly/19NCqs5.
115
NagendraSharma,TwoBills,TwoPunishmentsforSexualHarassment,HindustanTimes,April8,2013,
http://www.hindustantimes.com/Indianews/NewDelhi/2bills2punishmentsforsexualharassment/Article11038995.aspx.
116
NehaThiraniBagriandHeatherTimmons,IndiaConsidersBanningPornographyasReportedSexualAssaultRises,New
YorkTimes,April22,2013,http://nyti.ms/15CasOX.
117
DivyaArya,WhyAreIndianWomenBeingAttackedonSocialMedia?BBC,May7,2013,http://bbc.in/109OXot.
118
KashmirGirlsPursueCareerinMusicAmidFatwa,HindustanTimes,May2,2013,http://bit.ly/18eiNeJ.
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despite never having been reviewed by parliament. Meanwhile, a privacy law proposed by experts
in October 2012 has yet to be drafted.
Article 19 (1) of the Indian constitution protects freedom of speech and expression.119 ICT usage is
governed primarily by the Telegraph Act, the penal code, the code of criminal procedure, and the
IT Act. Section 66 of the 2008 IT amendment punishes ill-defined offensive, menacing, or
false electronic messages that cheat, deceive, mislead, or annoy, with jail terms of up to three
years.120 Experts say the Official Secrets Act has been used to limit expression in the past, and is not
adequately balanced by the Right to Information Act.121
The Armed Forces Special Powers Act affects freedom of speech and expression in conflict zones,
allowing security forces to bypass due process while shielding them from prosecution for human
rights violations in non-military courts. Human rights groups and the international community have
criticized the act, which is in effect in Jammu and Kashmir and several northeastern states, for
compromising constitutional guarantees and protections.122
Criminal charges have been filed against cartoonists and journalists in relation to content published
online. In September 2012, police in Maharastra arrested 25-year old cartoonist Aseem Trivedi, on
charges of seditionwhich carries a life sentenceas well as violating the Prevention of Insult to
National Honor Act and the IT Act.123 Trivedi was released on bail and the sedition charge was
dropped after a public campaign, but the others remain pending.124 Trivedis anti-corruption
cartoons first attracted official sanctions in December 2011 when his website Cartoons against
Corruption was suspended by its hosting company based on a complaint to Mumbai police; Trivedi
reposted the cartoons, which are widely available online.
While Trivedis case was widely reported, local officials who abuse legal charges to suppress online
reporting are less likely to be called to account. In May 2012, a district official in Jharkhand filed
bribery charges against a video journalist who had submitted a right to information request about
the use of public funds intended for job creation, apparently trumped up to pressure him to drop
the investigation.125
Ordinary internet users in India also risk prosecution for online postings criticizing powerful
figures. In April 2012, a professor at a university in West Bengal and several others were arrested
for circulating a caricature via e-mail and Facebook that mocked a number of government officials,
119
GovernmentofIndia,TheConstitutionofIndia,http://lawmin.nic.in/coi/coiason29july08.pdf.
GovttoIssueFreshGuidelinestoPreventMisuseofSec66(A),PressTrustofIndiaviaTheHindu,November29,2012,
http://bit.ly/19e28VH;ApurvaChaudhary,IndianGovtIssuesGuidelinesToPreventMisuseOfSec66A;PILInSupremeCourt,
Medianama,November29,2012,http://bit.ly/SvBdiN.
121
IftikharGilani,GovernmenttoreviewOfficialSecretsAct,Tehelka,October15,2011,http://bit.ly/1aztkkV.
122
RepealAFSPA:UNExperttoIndia,HueiyenNewsService,May2,2013,http://epao.net/GP.asp?src=17..030513.may13
123
CommitteetoProtectJournalists,IndianCartoonistJailedforImagesCriticizingGovernment,September10,2012,
http://cpj.org/2012/09/indiancartoonistjailedforimagescriticizinggo.php.
124
SumitGalhotra,SeditionDropped,butIndianCartoonistFacesOtherCharges,CPJBlog,October18,2013,
http://cpj.org/blog/2012/10/seditiondroppedbutindiancartoonistfacesother.php.
125
CommitteetoProtectJournalists,ChargesAgainstIndianVideoJournalistMustbeDropped,May25,2012,
http://cpj.org/2012/05/chargesagainstindianvideojournalistmustbedr.php.
120
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and charged under Section 66 of the IT Act as well as criminal defamation provisions of the penal
code, before being released on bail.126
Abuse of Section 66 escalated during the coverage period, most notoriously in the western state of
Maharashtra. On November 19, 2012, police in Palghar, a town in Thane district near the state
capital Mumbai, detained two Facebook users for complaining that the funeral of Bal Thackeray,
leader of the right wing Hindu party, Shiv Sena, was disrupting Mumbai servicesan opinion
shared by the Supreme Court, who ruled that bringing the city to a halt to observe the mourning
was illegal.127 Twenty-one year old Shaheen Dhadha posted the complaint and Renu Srinivasan
liked it, angering Shiv Sena supporters who gathered outside the police station and smashed a
medical clinic belonging to Dhadhas uncle.128 The detentions were widely criticized, both on social
media and by public figures, and the women were released on bail within hours. Two policemen
who ordered the arrest were suspended, the magistrate who granted them bail transferred, and the
charges ultimately dropped, though Shiv Sena activists were still trying to challenge this decision in
early 2013.129 Yet the case had a disturbing coda. A Palghar branch of Shiv Sena launched a strike
to protest the suspension of the two police officers, which was publicly criticized on Facebook
under an account belonging to 19 year old Sunil Vishwakarma on November 28. Shiv Sena
supporters delivered him to local police, who detained him for several hours, supposedly for his
own protection. Vishwakarma denied authoring the comment, and police filed charges against an
unknown individual for hacking his account.130
Journalists ferreting out other abuses of the act learned that Mumbai police had detained two Air
India employees, Mayank Sharma and K.V. Jaganathrao, in May 2012 under Sections 66 and 67 on
grounds that they made derogatory comments about politicians and insulted the national flag in a
closed Facebook group.131 The charges apparently stemmed from a personal spat with a colleague,
Sagar Karnik.132 The men said they were arrested in an overnight weekend raid and jailed for 12
days months after the complaint against them was filed.133 Following media reports, police
scrambled to rectify the situation by accepting a complaint from Jaganathrao about Karnickalso
under Section 66 of the IT Actfor insulting his reputation on Facebook and Orkut.134
Other Section 66 charges were filed against social media users around the country during the
coverage period. Many, like the Palghar girls, were young, like 22 year old Henna Bakshi and her
friend, Kamalpreet Singh, charged by Chandigarh police in September 2012 for criticizing traffic
126
SoudhritiBhabani,ProfessorHeldforUploadingCaricatureofMamataonSocialSite,DailyMail,April13,2012,
http://dailym.ai/19K2TYK.
127
JulieMccarthy,FacebookArrestsIgniteFreeSpeechDebateInIndia,NPR,November28,2012,http://n.pr/TuViZ3.
128
JulieMccarthy,FacebookArrestsIgniteFreeSpeechDebate;TwoGirlsHeldforFBPostQuestioningBandhfor
Thackeray'sFuneral,Zeenews,November19,2012,http://bit.ly/XsFr0A.
129
PalgharCourtClosesCaseAgainstGirlsArrestedforFacebookComments,PressTrustofIndiaviaNDTV,February1,2013,
http://www.ndtv.com/article/india/palgharcourtclosescaseagainstgirlsarrestedforfacebookcomments325157.
130
IDidNotPostonRajThackeray,FBAccountwasHacked:PalgharBoy,Firstpost,November29,2012,http://bit.ly/18ej1CL.
131
JaganathraowascalledK.V.J.Raoinsomereports.SaurabhGupta,ArrestedforFacebookPosts,TheySpent12DaysinJail,
LostTheirAirIndiaJobs,NDTV,November25,2013,http://bit.ly/1eQaRpk.
132
CyberPoliceStationFilesFIRUnder66AAgainstSagarKarnik,TheHindu,December3,2012,http://bit.ly/15CaGFE.
133
MeenaMenon,JailedAirIndiaEmployeesDemandCompensation,TheHindu,March23,2013,http://bit.ly/ZVPNDe.
134
SaurabhGupta,FacebookRow:MumbaiPoliceBookManWhoseComplaintLedtoAirIndiaEmployees'Arrests,NDTV,
December2,2012,http://bit.ly/TCdOen.
INDIA

officials.135 Many were detained, usually briefly, and sometimes on grounds it would protect them,
though this may well have amplified the impression that they were guilty of wrongdoing
especially when detentions occurred at night or bail was denied. Anti-corruption activist Ravi
Srinivasan was arrested in his home in the union territory of Puducherry at 5am in October 2012
for offending a local politician on Twitter.136 Orissa police arrested 20-year-old Pintu Sahu in
December for posting an image of a Hindu deity sitting on a mosque on Facebook, representing a
controversy between Mulsims and Hindus over a local shrine.137 In February, police in Uttar
Pradesh arrested Sanjay Chowdhary, a civil servant, for insulting a religious community and
political leaders on Facebook, and denied at least one application for bail.138 The most extreme case
was in Jammu and Kashmir, where three men were arrested in October in connection with a video
on Facebook, considered blasphemous, that spurred thousands of people to protest.139 They were
held for more than 40 days under the IT Act before being granted bail on December 12, although
there was no evidence they had uploaded the video, which police said originated in Pakistan.140
The cases appeared to stall at the police level, without coming to trial. Yet legal arguments in bail
hearings concentrated on proofsuch as whether the police took screen shots of the offending
postswhile the accused often blamed the content on hackers. This distracted from the fact that
the charges themselves undermine constitutional free speech protections.
Section 66 faced numerous legal challenges in the past year. One petitioner told the Bombay High
Court in 2013 that it should not apply to social media, which is mostly in the public domain, when
the same content in print would not lead to prosecution.141 Several members of parliament said
they were working on amending it, though one motion to amend it was deferred pending a
Supreme Court ruling.142 The motion was revealing, however. In it, Member of Parliament P.
Rajeev said that the 2008 IT amendment passed in the Lok Sabha in just seven minutesalong with
six other billsand went through the upper Rajya Sabha without discussion.143 One inspiring
challenge was filed with the Supreme Court in November 2012 by 21 year old student Shreya
135
ChandigarhPoliceAwaitsLogsFromFacebookinAbusiveRemarksCase,IndianExpress,September20,2012,
http://m.indianexpress.com/news/chandigarhpoliceawaitslogsfromfacebookinabusiveremarkscase/1005204/.
136
PuducherrywasformerlyknownasPondicherry.DhananjayMahapatra,PuducherryJustifiesArrestUnderSection66AofIT
Act,TimesofIndia,January12,2013,http://bit.ly/16zV4bY;PriscillaJebaraj,IACVolunteerTweetsHimselfintoTrouble,Faces
ThreeYearsinJail,TheHindu,November1,2012,http://bit.ly/16zV4bY.
137
Orissa:YouthHeldforFBPhotosofHanumanonMosque,Outlook,December8,2012,http://bit.ly/VEwiB3.
138
ManHeldforFacebookPostsDeniedBail,IndoAsianNewsServiceviaHindustanTimes,February6,2013,
http://www.hindustantimes.com/Indianews/UttarPradesh/ManheldforFacebookpostsdeniedbail/Article11007698.aspx.
139
ArifMunshi,BlasphemousPictureonFacebookTriggersMassiveProtest,GreaterKashmir,October29,2013,
http://www.greaterkashmir.com/news/2012/Oct/30/blasphemouspictureonfacebooktriggersmassiveprotest27.asp.
140
ArrestedForVideoonFacebook,ThreeMeninJammuandKashmirSpendOver40daysinJail,NDTV,December72012,
http://bit.ly/SCmvH9;India2012InternationalReligiousFreedomReport,inInternationalReligiousFreedomReportfor2012,
BureauofDemocracy,HumanRightsandLabor,UnitedStatesDepartmentofState,http://1.usa.gov/16zVajO.
141
Section66AofITActChallengedas'Unconstitutional',CourtSeeksCenter'sReply,PressTrustofIndia,February28,2013,
http://bit.ly/WlM44R.
142
RajeevChandrasekhar,Don'tKillFreedomofSpeech,TimesofIndia,November30,2012,http://bit.ly/16zVf73;Apurva
Chaudhary,IndianGovtIssuesGuidelinesToPreventMisuseOfSec66A;PILInSupremeCourt,Medianama,November29,
2012,http://bit.ly/SvBdiN.
143
P.Rajeeve,ResolutionRe.NeedToAmendSection66aOfInformationTechnologyAct,2000,December14,2012,
availableatSoftwareFreedomLawCenter,http://sflc.in/wpcontent/uploads/2013/03/P.RajeeveResolution_RS.pdf.
INDIA

Singhal.144 Despite this activity, the sole, insufficient reform was a government advisory requiring
senior police officers to approve arrests for social media postings, which the Supreme Court
enforced in mid-2013, outside the coverage period of this report.145
State surveillance, like content control, is growing in scale and sophistication, and Indias
inadequate legislative framework provides almost no privacy protections. A 2007 Supreme Court
ruling held that wiretapping would potentially violate constitutional protections under Article 19,
the right to freedom of speech and expression and Article 21, the right to life and personal liberty,
unless it was permitted under the procedure established by law. The court ordered the creation of
a government committee to review phone tap orders, which are governed by the Telegraph Act,
but did not require judicial oversight.146 A 2007 amendment was made to 419A Rules which govern
the act, elaborating the procedure and limiting national and state home ministry officials of a certain
rank to order phone taps.147
The amended 2008 IT Act also allowed both central and state officials to intercept, monitor or
decrypt electronic communications or direct others to do so. Both this and the Telegraph Act
stipulate surveillance should be done to protect defense, national security, sovereignty, friendly
relations with foreign states, and public order, and that it should be subject to approval, limited to
60 daysfewer in emergenciesand renewable for a maximum of 180 days.148 Yet the IT Act
adds a clause allowing surveillance for investigation of any offense; moreover, while the
procedure for high-level government authorization seems to involve a case-by-case assessment,
systematic, mass surveillance is not prohibited.149
Additional requirements followed in 2011. The government authorized eight separate bodies to
issue surveillance-related orders directly to service providers, from intelligence agencies to the tax
bureau.150 IT Act regulations required cybercafe owners to copy and retain customers photo ID
and browser history for a year.151 Officials railed against international providers that prevent the
government from tracking users by encrypting communications,152 and required some, such as
144
BhadraSinha,SCSlamsFacebookArrests,TakesUp66A,HindustanTimes,November29,2012,http://bit.ly/QOlCy2;
CordeliaJenkins,WhoisShreyaSinghal?LiveMint,November29,2012,http://bit.ly/RkLiCm.
145
J.Venkatesan,NoBlanketBanonArrestsforFacebookPosts,saysSC,TheHindu,May16,2013,http://bit.ly/1839Eou.
PUCLLeaderGetsBailinFacebookPostCase,TheHindu,May14,2013,http://bit.ly/129FnAB.
146
PrivacyInternational,Chapterii:LegalFramework,inIndia,November14,2012,http://bit.ly/17cVl1Q;JusticeAjitPrakash
Shah,ReportoftheGroupofExpertsonPrivacy,October16,2012,http://bit.ly/VqzKtr.
147
JadineLannon,Rule419AoftheIndianTelegraphRules,1951,CenterforInformationandSociety,June20,2013,
http://cisindia.org/internetgovernance/resources/rule419aofindiantelegraphrules1951.
148
JadineLannon,IndianTelegraphAct,1885,419ARulesandIT(Amendment)Act,2008,69Rules,CenterforInformation
andSociety,April28,2013,http://bit.ly/14N1qCT.
149
PraneshPrakash,HowSurveillanceWorksinIndia,NewYorkTimes,July10,2013,http://nyti.ms/164b2sm.
150
ResearchandAnalysisWing,theIntelligenceBureau,theDirectorateofRevenueIntelligence,theEnforcementDirectorate,
theNarcoticsControlBureau,theCentralBureauofInvestigation,theNationalTechnicalResearchOrganizationandthestate
police.See,PrivacyInternational,Chapteriii:PrivacyIssues,inIndiaTelecommunicationsPrivacyReport,October22,2012,
https://www.privacyinternational.org/reports/india/iiiprivacyissues#footnoteref1_ni8ap74.
151
InformationTechnologyAct,2000,MinistryofCommunicationsandInformationTechnology,April11,2011,
http://www.mit.gov.in/sites/upload_files/dit/files/RNUS_CyberLaw_15411.pdf.
152
JojiThomasPhilip,Can'tTrackBlackberry,Gmail:DoT,EconomicTimes,March16,2011,http://bit.ly/1bhkFo8;JojiThomas
PhilipandHarsimranJulku,EserviceslikeGmail,BlackBerry,SkypeCan'tbeBannedforLackofScrutiny:TelecomsSecurity
Panel,EconomicTimes,June16,2011,http://bit.ly/16TBotD.
INDIA

Nokia and BlackBerry, to establish local servers subject to Indian law under threat of blocking their
services.153 (This effort was still ongoing in April 2013, when internal Home Ministry minutes
suggested the government intends to require internet phone services like Skype to install local
servers.154) Under a 2011 Equipment Security Agreement that did not appear on the DOT
website,155 telecom operators were told to develop the capacity to pinpoint any customers physical
location within 50 meters. Customers specified by Security Agencies were prioritized for location
monitoring by June 2012, with all customers, irrespective of whether they are the subject of legal
intercept or not, by June 2014;156 operators were in various stages of compliance by August
2012.157 In October 2012, a government-appointed group described this framework as an unclear
regulatory regime that is inconsistent, nontransparent, prone to misuse, and that does not provide
remedy or compensation to aggrieved individuals. 158
Service providers are required by license agreements to cooperate with official requests for data.159
Experts said that while non-compliance carries a possible seven year jail term, unlawful
interception is punishable by just three years imprisonment.160
Google and Facebook received more user data requests from India in 2012 than any other country
except the U.S, but didnt always comply.161 In January 2012, responding to a freedom of
information request, the Home Ministry reported Indian officials issuing 7,500 to 9,000 phone
interceptions per month.162 During the coverage period, some news reports cited the review
committee responsible for reviewing electronic interception orders every 90 days, established
following the 2007 Supreme Court ruling and comprised of Cabinet Secretary Ajit Seth, Telecom
Secretary R. Chandrasekhar and Legal Affairs Secretary B.A. Agrawal. In October 2012, The Hindu,
citing this unnamed committees internal note, said interception involving 10,000 phones and
1,000 email IDs had been authorized by several agencies between June and Augustsome new,
and some renewing existing orders.163 In January 2013, the Economic Times said it had reviewed a
153
In2013,outsidethecoverageperiodofthisreport,BlackBerryconfirmedtheirlawfulaccesscapabilitymetthestandard
requiredbytheGovernmentofIndia,thoughbusinesscustomerswouldbeunaffected.AnanditaSinghMankotia,
Government,BlackBerryDisputeEnds,TimesofIndia,July10,2013,http://bit.ly/187FX9z.ForNokia,seeThomasKThomas,
DespiteIndiaServer,IBUnabletoSnoopintoNokiaEmailService,TheHindu,July14,2011,http://bit.ly/1fRqjAt.
154
JojiThomasPhilip,NetTelephonyProvidersWillbeAskedtoSetUpServersinIndiaEconomicTimes,May20,2013,
http://bit.ly/15BHST3.
155
NikhilPahwa,NewTelecomEquipmentPolicyMandatesLocationBasedServicesAccuracyOf50Mtrs:COAI,Medianama,
June17,2011,http://bit.ly/keKNxY.
156
CellularOperatorsAssociationofIndia,AdditionalCostImplicationfortheTelecomIndustryasGovernmentMandates
LocationBasedServicestoMeetitsSecurityRequirements,pressrelease,June16,2011,http://bit.ly/18zURS6.
157
OperatorsImplementingLocationbasedServices:Govt,PressTrustofIndiaviaNDTV,August9,2012,http://bit.ly/S4zNcT.
158
JusticeAjitPrakashShah,ReportoftheGroupofExpertsonPrivacy.
159
SaikatDatta,AFoxOnAFishingExpedition,Outlook,May3,2010,http://www.outlookindia.com/article.aspx?265192.
160
PraneshPrakash,HowSurveillanceWorksinIndia,NewYorkTimes,July10,2013,http://nyti.ms/164b2sm.
161
IndianGovtSnoopedon13UsersPerDayin2012,saysGoogleReport,PressTrustofIndia,March11,2013,
http://bit.ly/Y5oepb;Facebook,GlobalGovernmentRequestsReport,JanuaryJune2013,http://on.fb.me/1dmxPnW.By
contrast,IndiadidnotappearinthetopfivecountriesthatmadethemostrequeststoMicrosoft.See,Microsoft,2012Law
EnforcementRequestsReport,http://bit.ly/ZwBiGV.
162
ShyamlalYadav,9,000OrdersforPhoneInterceptionaMonth:Govt,IndianExpress,January23,2012,ttp://bit.ly/ylTTmN.
163
SandeepJoshi,10,000Phones,1,000EmailIDsUndertheScanner,TheHindu,October12,2012,http://bit.ly/14T5EHr.
INDIA

committee document covering OctoberDecember 2012, and involving surveillance orders for
10,000 phones and 1,300 emails.164
Abuse of surveillance has been widely reported, including monitoring of lawmakers, politicians,
and journalists165in one case, implemented by an ISP on the basis of an emailed government
order that turned out to be fake.166 In 2011, two senior Mumbai police officers were found to have
sold phone records for money;167 another in 2012 apparently requisitioned cell phone records to
keep an eye on his girlfriend.168
Much of this activity is driven by what The Hindu newspaper characterized as massive purchases of
communications intelligence equipment from secretive companies from India and abroad by both
state and other actors. Two suppliers are domestic: Clear Trail markets a data traffic inspect
engine for mobile surveillance. Shoghi Communications supplies GSM monitoring and other
equipment, but its only client is the government.169 In 2010, Outlook magazine documented
intelligence agencies operating dozens of cellphone monitoring devices that dont require the
targets numberand therefore dont require cooperation from service providers. We have
deployed the system in the hope that we might pick up critical conversations, but most of the
time, we end up getting private calls, an unnamed intelligence official told Outlook.170 Security
agencies have even tried to limit the spread of these technologies. In 2011, the federal Intelligence
Bureau was reported trying to shut down at least 33 passive interception units at internet hubs
around the country. Many were being operated by state police with a tendency to misuse the
equipmentor even mislay it.171 On May 8, 2013, the Bureau issued a directive banning junior
police officers from requesting mobile data records.172 Yet the Bureau is itself a civilian organization
without a statutory foundation or parliamentary oversight.173
Rather than correct this abuse, the government is transitioning to a nationwide surveillance project
known as the Central Monitoring System (CMS), which allows government agents to bypass service
providers in favor of interception equipment on intermediary premises allowing them to monitor
electronic traffic on any platform or device directly, in real time.174 Reports estimated the total cost
was in the region of 8 billion rupees ($132 million).175 Proponents said the system improved
security by reducing the number of third parties involved in interceptions, and by documenting the
164
HarsimranJulkaandJojiThomasPhilip,HomeMinistryOrdered10kWireTapsinLast90Days,OrdersTappingof1300
Emailids,EconomicTimes,January3,2013,http://bit.ly/XcPjaC.
165
SaikatDatta,We,theEavesdropped,Outlook,May3,2010,http://www.outlookindia.com/article.aspx?265191;800New
RadiaTapes,Outlook,December10,2010,http://www.outlookindia.com/article.aspx?268618;GovernmentMullingLawto
RegulatePhoneTapping,DNAIndia,December16,2010,http://bit.ly/eFX89N.
166
PraveenSwami,TheGovernmentsListeningToUs,TheHindu,December1,2011,http://bit.ly/rH8bO2.
167
TwoDelhiCopsMayLandintheDockforSellingCellCallRecords,TimesofIndia,March11,2012,http://bit.ly/1bhmHor.
168
OnlyTopCopscanSeekCallRecords:StateIntelligenceBureau,TimesofIndia,May17,2013,http://bit.ly/1bhkSaX.
169
PrivacyInternational,Chapteriii:PrivacyIssues.
170
SaikatDatta,AFoxOnAFishingExpedition.
171
PraveenSwami,TheGovernmentsListeningToUs.
172
OnlyTopCopsCanSeekCallRecords:StateIntelligenceBureau,TimesofIndia,May17,2013,http://bit.ly/1bhkSaX.
173
ASubramani,ExofficerquestionsIntelligenceBureauslegalstatus,TimesofIndia,March26,2012,http://bit.ly/1aHbVKN.
174
AnuragKotoky,IndiaSetsUpElaborateSystem;ShaliniSingh,Govt.ViolatesPrivacySafeguardstoSecretlyMonitor
InternetTraffic,TheHindu,September9,2013,http://bit.ly/1etaS0t.
175
PraneshPrakash,HowSurveillanceWorksinIndia.
INDIA

nature and duration of requests in a streamlined electronic audit trail.176 But this may itself be
vulnerable to cyberattacks.177 It was never reviewed by parliament.
Some news reports said the eight agencies already empowered to conduct surveillance would be
able to use it, with the addition of the National Investigation Agency, which was reported
petitioning for inclusion in October 2012,178 and possibly the Securities and Exchange Board of
India.179 Others said select military agencies would also be involved.180 In April 2013, the Center
for Information and Society submitted a freedom of information request to clarify the exact range
of agencies authorized to conduct electronic surveillance, but had not received a response by the
end of the coverage period.181
Operated by a little-known Department of Telecommunications unit, the Center for Development
of Telematics,182 it is not known how extensively the CMS has been implemented. One mid-2013
news report said it was active in New Delhi and neighboring Harayana state, with Kolkata, the
capital of West Bengal, and the southwestern states of Kerala, Karnataka to follow.183 Another said
operation was yet to begin, pending technical certification of 21 regional monitoring centers.184 But
many internet and telecommunications firms already have monitoring capabilities installed, some of
which are already controlled by the government, according to The Hindu, and the CMS will
consolidate this equipment, too.185 Since there is no legal requirement to notify the target of
surveillanceeven after the end of an investigationits implementation may not be apparent, but
several accounts said it would be fully operational by 2014.
Some of this activity, conducted to counter terrorism, is legitimate. But the surveillance
architecture has been put in place without a privacy law, leaving individuals vulnerable, even as the
kind of personal data they are surrendering to the government diversifies. Since 2010, millions of
Indian citizens have been issued unique Aadhaar ID numbers as part of an anti-poverty initiative.
Though not compulsory, officials say not possessing one could limit access to some government
assistance. The authority that issues the numbers maintains a database of numbers tied to personal
information including biometric data, such as fingerprints.186 There is no law governing the
authorityin fact, one was rejected by parliament in 2011.
176
BhartiJain,GovtTightensControlforPhoneTapping,TimesofIndia,June21,2013,http://bit.ly/1bXQy3r.
AnjaniTrivedi,InIndia,PrismlikeSurveillanceSlipsUndertheRadar,Time,June30,2013,http://ti.me/17cT6vA.
178
YatishYadav,NIASeeksCentralMonitoringSystemtoTapPhones,IndianExpress,October15,2012,http://bit.ly/OAHjzx.
179
GovttoInstall'FoolProof'PhoneTappingSetupSoon,Outlook,June17,2013,http://bit.ly/1hbvWHu.
180
MariaXynou,IndiasBigBrother:TheCentralMonitoringSystem(CMS),CenterforInternetandSociety,April8,2013,
http://cisindia.org/internetgovernance/blog/indiasbigbrotherthecentralmonitoringsystem.
181
PrasadKrishna,RTIonOfficialsandAgenciesAuthorizedtoInterceptTelephoneMessagesinIndia,CenterforInformation
andSociety,July15,2013,http://bit.ly/1fRqJXu.
182
AboutCDOT,http://www.cdot.co.in/rti/pdf/rti2Inf01aAboutCDOT(E).pdf.NewsreportsalsosaidnationalTelecom
Enforcement,ResourceandMonitoringcells,alsoundertheDepartmentofTelecommunications,hadaroleinimplementation.
DepartmentofTelecommunications,TERM/Security,http://www.dot.gov.in/term/termsecurity.
183
ShaliniSingh,IndiassurveillanceprojectmaybeaslethalasPRISM,TheHindu,June21,2013,http://bit.ly/15EeV2o.
184
KalyanParbat,IndiasSurveillanceSystemCMStobeOperationalSoon,EconomicTimes,September5,2013,
http://bit.ly/17QbPit.
185
ShaliniSingh,Govt.ViolatesPrivacySafeguards.
186
NandanNilekani,TheScienceofDeliveringOnlineIDstoaBillionPeople:TheAadhaarExperience,World
Bank'sDevelopmentEconomicsLecture,April24,2013,http://bit.ly/15AS1O8.
177
INDIA

In 2011, data protection rules improved privacy protections in commercial transactions but drew
some criticism from the business community.187 The EU does not consider India data secure.188 In
October 2012, a group of experts issued a government-commissioned report providing a
foundation for a future privacy bill, though the timeframe for drafting and implementing it isnt
clear. Critically, this report clarified that exceptions to the right to privacy, such as national
security and privacy investigations, be assessed according to values of proportionality, legality, and
democratic rule.189
Violence targeting journalists, right to information activists and whistleblowers is common in
India.190 However, there were no significant accounts of physical assaults on bloggers or online
activists during the coverage period. Some did face threats and pressure in retaliation for online
activity. Many individuals facing charges under the IT Act, for example, were sought out by
destructive mobs. Police and security agents were also accused of conducting violent raids while
investigating alleged digital offenses, including some targeting cybercafe clients.191
Cyberattacks did not systematically target opposition groups or human rights activists during the
coverage period. Loopholes in cyber security were exposed, however, when the international
hacking group Anonymous targeted establishment sites, including that of the Supreme Court, in
June 2012 to protest against decisions regarding file-sharing and copyright issues.192
187
Outsourcingfirmsareexempt.MiriamH.WugmeisterandCynthiaJ.Rich,IndiasNewPrivacyRegulations,Morrisonand
FoersterClientAlert.May4,2011,http://bit.ly/lJSePF;JohnRibeiro,IndiaExemptsItsOutsourcersfromNewPrivacyRules,
NetworkWorld,November2,2011,http://bit.ly/16TCbuF.
188
IndiatoEU:DeclareusaDataSecureCountry,PressTrustofIndiaviaTimesofIndia,October18,2012,
http://bit.ly/WCNAOh;AmitiSen,EUNotReadytoGiveIndiaDataSecureStatus,TheHindu,June15,2013,
http://bit.ly/12wvF0g.
189
JusticeAjitPrakashShah,ReportoftheGroupofExpertsonPrivacy.
190
CommitteetoProtectJournalists,29JournalistsKilledinIndiaSince1992/MotiveConfirmed,accessedAugust2013,
http://bit.ly/mnq7Mr;PrabhuMallikarjunan,AttacksonRTIActivistsinIndiaRaiseQuestionsOverSafetyMeasures,Indian
Express,January17,2013,http://newindianexpress.com/states/karnataka/article1423834.ece.
191
JaideepMazumdar,TheImphalTaliban,July13,2013,http://www.timescrest.com/opinion/theimphaltaliban10718.
192
Rezwan,India:NetizensRespondToAnonymousIndia'sProtests,GlobalVoices,June9,2012,http://bit.ly/LbCEzl.
INDIA
INDONESIA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
11
11
20
42
11
11
19
41


The Supreme Court cleared Prita Mulyasari on criminal and civil defamation charges
relating to a personal email she sent in 2009 (see VIOLATIONS OF USER RIGHTS).
Electronic defamation could lead to 6 years imprisonment or $80,000 fines; offline,
most sentences are less than 2 yearsfines amount to 40 cents (see VIOLATIONS OF
USER RIGHTS).
Overbroad blocks on pornography compromised legitimate websites, including LGBT
content (see LIMITS ON CONTENT).
In October 2012, the Constitutional Court rejected a request for judicial review of the
State Intelligence Law (see VIOLATIONS OF USER RIGHTS).
In mid-2013, an expert told the Associated Press 50 to 100 militants had been
recruited directly through Facebook in the past two years (see LIMITS ON CONTENT).
INDONESIA

INTRODUCTION
Economic development and a democratic political system have spurred internet use in Indonesia,
though poor infrastructure across the archipelagos 16,000 islands keeps connections spotty in rural
areas. Where people once relied on cybercafs, however, they are increasingly using mobile phones
to go online. This change has fuelled the nations extraordinary appetite for social media. Facebook
usage in the worlds fourth most populous country has shot up in the past four years, while Twitter
is a lifestyle staple for young internet users, and increasingly politicians. President Susilo Bambang
Yudhoyono, who will complete his second term in office in 2014, has over 3 million followers.
Though introduced in 1994, internet access only gained momentum after 1998, when the
authoritarian leader Suharto resigned in the face of public protests and Indonesia began its transition
to democratic rule. Yet the political upheaval, which facilitated extensive human rights abuses that
were underreported in the traditional media, may still be impeding online discourse. Of the
millions of active blogs and social media accounts, comparatively few are dedicated to domestic
politics.
Home to the worlds largest Muslim population, as well as many different ethnicities, Indonesias
religious and racial tensions are felt in the online space. A sweeping ban on pornography affects
many sites offering legitimate information on sex education, LGBT groups, and tribal culture.
Security threats have resulted in a total of nine laws granting various agencies power to intercept
electronic communications, but existing privacy protections are inadequate. Just two of the laws
require judicial oversight, and civil society groups declared one of thesea 2011 law governing
monitoring for intelligence purposesunconstitutional in 2012. The Constitutional Court rejected
their petition for judicial review of the law in October 2012.
Civil society opposition to laws criminalizing legitimate online speech also has yet to bear fruit.
Dozens of ordinary internet users have faced criminal charges for defamation via social media or
personal email under a 2008 Information and Electronic Transactions (ITE) law. By international
standards, civil laws are more appropriate than criminal in defamation disputes.1 Yet the 2008 law
made existing sentences in the penal code even harsher for defamation committed electronically.
Spoken or written insults could result in a few months or, at worst, four years behind bars; the
same content shared online or on a cell phone comes with a maximum of six years imprisonment.
Meanwhile, fines for defamation outlined in the penal code could be paid with less than 50 cents,
according to the conversion rate on April 30, 2013.2 Under the ITE law, defamation could cost the
defendant around $80,000.
In 2012, the Supreme Court overturned the landmark convictions of housewife Prita Mulyasari on
criminal as well as civil defamation charges relating to a personal email she sent in 2009.
Astonishingly, this has yet to result in reform of the ITE laws disproportionate penalties.
1
2
Article19,CriminalDefamation,accessedAugust2013,http://www.article19.org/pages/en/criminaldefamation.html.
AllconversionratesdatefromApril30,2013orthedateofthesourcedocument,unlessotherwisespecified.
INDONESIA

Meanwhile, an anticybercrime bill drafted in 2010, which would also provide heavier punishments
for crimes committed online than existing laws, appears to be still pending. Authorities cite the
wider reach of the internet as justification for this bias against ICTs. But they fail to recognize that
when criminal complaints can be filed by any individual, the web is just as likely to create new
opportunities for vindictive prosecution as it is to damage reputations.
OBSTACLES TO ACCESS
Internet penetration in Indonesia was just over 15 percent in 2012, according to the International
Telecommunication Union, citing a national statistics agency.3 Other estimates were above 20
percent.4 Access is not evenly distributed, however. Cable is costly to install across the worlds
largest archipelago, and poor infrastructure, combined with poverty in rural areas, keeps internet
use heavily concentrated in cities, particularly on the islands of Java and Bali. One November 2012
survey estimated more than 90 percent of web users lived in urban areas.5 The countrys main
network-access providers, which link retail level ISPs to the internet backbone, are also clustered
on Java, particularly in Jakarta. Mobile phone usage, on the other hand, is almost ubiquitous.
Mobile penetration was measured at 115 percent in 2012, indicating some users have more than
one device.6
In the past, personal internet access was reserved for older, middle, or upper class urban residents.
That may be changing, since the nations largest broadband provider reported a 41 percent jump in
fixed-line subscribers from 2012 to 2013.7 Yet broadband service, which averages IDR 150,000
($12) per month for a fixed-line connection, remains expensive and inconvenient for many.
Wireless service is transforming the market, and mobile access has become more popular than
cybercafes, according to one survey, which reported that 62 percent of urban respondents went
online using a phone in 2012. Less than half used a cybercafe, down from 83 percent in 2009.8
The government, particularly the Ministry of Communications and Information Technology (MCI),
has made internet expansion a priority. To connect rural areas, the MCI launched a program to
establish desa pintar (smart villages) with high quality internet and mobile phone reception. By
2012, the MCI reported connecting 5,958 villages.9
TheIndonesianInternetServiceProviderAssociationreported63millioninternetusersinapopulationof240millionin2012,
puttingpenetrationat26percent,whiledigitalmarketresearchfirmeMarketerreported24percentpenetrationin2012.See,
AsosiasiPenyelenggaraJasaInternetIndonesia,IndonesiaInternetUser,2012http://bit.ly/19KvxsR;MuhammadAlAzhari,
LTEMayHeraldanInternetRevolutioninIndonesia,May3,2013, http://bit.ly/13lfjln;eMarketer,InIndonesia,aNewDigital
ClassEmerges,March12,2013,http://bit.ly/10yQ2ET.
5
eMarketer,InIndonesia,aNewDigitalClass.
6
7
InfoMemo,TelkomIndonesia,1Q2013,http://bit.ly/1bhCVOb.
8
Surveyrespondentswereagedbetween15and50.eMarketer,InIndonesiasCities,MobileBoostInternettoNo2Media
Spot,January,30,2013,http://bit.ly/XgM0yu.
9
InilahSederetPrestasiYangDiklaimKominfo[CommunicationsMinistryAchievementsof2012],Detik,January14,2013,
http://bit.ly/16AfDFc.
4
INDONESIA

Indonesia has a range of digital service providers, although some privately-owned providers have
close ties to government ministers. The two largest ISPs are PT Telecom, which is majority stateowned, and Indosat.10 Their dominancealong with regulatory obstacles imposed by the
government poses challenges for small ISPs entering the market. Nevertheless, the Indonesian
Internet Service Provider Association, APJII,11 had over 250 member ISPs and network access
providers in 2013, accounting for around 90 percent of the national total.12
Of the nine mobile phone service providers in operation, the most prominent are PT Telkomsel,
which covers 60 percent of the market, PT Indosat, with 21 percent, and PT XL Axiata with 19
percent.13
Despite their individual allegiances to officials, Indonesian ISPs are a close-knit community thanks
to the APJII, which was founded in 1996. In 1997, tired of routing local traffic through expensive
and inefficient international channelsand wary of a government-led solutionthey
independently created the Indonesia Internet Exchange to allow member ISPs to interconnect
domestically.14 APJII also engages the government on behalf of providers regarding censorship,
legal, and regulatory issues in ways that freedom of expression experts view as largely constructive.
In January 2013, experts were particularly vocal when the attorney generals office filed corruption
charges against one ISP, IM2, for selling bandwidth under a public frequency licensed only to its
parent company, Indosat.15 IM2 was accused of avoiding a private tax rate on the frequency,
causing state losses of IDR 1.3 trillion ($134 million).16 The investigation was ongoing during the
coverage period of this report; a judge ordered IM2 to pay the full amount in damages and jailed a
former executive for four years in a highly contested verdict in July.17 Since ISPs generally rent
frequencies from other companies in Indonesia, the APJII condemned the investigation along with
the business community and even Tifatul Sembiring, the communication and information minister.
Their concerns seemed well-founded in February when an anti-corruption organization filed a
report with the attorney generals office accusing 16 more ISPs and 5 mobile service providers of a
similar fraud.18 It is not clear if those providers will face prosecution.
10
RonaldJ.Deibertetal.,Indonesia,inAccessContested:Security,Identity,andResistanceinAsianCyberspace,ed.
(MassachusettsInstituteofTechnology,2012),
http://www.apjii.or.id/index.php?option=com_content&view=article&id=53&Itemid=11.
11
AsosiasiPenyelenggaraJasaInternetIndonesia.
12
IrvanNasrun,IndonesiaISPAssociation(presentation,APJII,August13,2013),
http://www.apjii.or.id/v2/upload/Artikel/APJIIJAPANASEAN%20Information%20Security.pdf;MuhamadAlAzhari,An
InternetCaseofFraud,TaxEvasion,JakartaGlobe,February22,2013,http://bit.ly/1ajhRsL.
13
OxfordBusinessGroup,TheBigThree:ABattleforSubscribersandProfit,Indonesia2012,
http://www.oxfordbusinessgroup.com/news/bigthreebattlesubscribersandprofit
14
AndyKurniawan,IndonesiaInterneteXchange,IIX:IIXandIIXv.6DevelopmentUpdate2007(presentation,AsiaPacific
NetworkInformationCentre),accessedAugust2013,http://archive.apnic.net/meetings/25/program/ix/idixupdate.pdf.
15
IM2PreparingDefenseWardInternetDoomsday,JakartaPost,January15,2013,http://bit.ly/15CrmNm;AlAzhari,An
InternetCaseofFraud.
16
ConversionasofJanuary15,2013,accordingtoOanda.Thevalueoftherupiahplungedin2013;asofJuly19,2013,when
newsreportsannouncedtheverdict,thesameamountcametoUS$128million.
17
MarielGrazella,TelcofirmsrattledbyIM2verdict,JakartaPost,July9,2013,
http://www.thejakartapost.com/news/2013/07/09/telcofirmsrattledim2verdict.html.
18
AlAzhari,AnInternetCaseofFraud.
INDONESIA

The MCIs Directorate General of Post and Informatics (DGPT) is the primary body overseeing
telephone and internet services, responsible for issuing licenses to ISPs, cybercafes, and mobile
phone service providers. The Indonesia Telecommunication Regulation Body (BRTI) also regulates
and supervises telecommunications. There is some overlap between the mandates and
responsibilities of the two agencies. Based on the ministerial decree that established it, BRTI is
supposed to be generally independent and includes nongovernment representatives. However,
observers have questioned its effectiveness and independence, as it is headed by the DGPT director,
and draws its budget from DGPT allocations. In May 2012, Sembiring inaugurated nine full BRTI
members for the years 2012 through 2015. Two additional members remain from the previous
term.19
LIMITS ON CONTENT
Tens of thousands of websites related to pornography, violent extremism, or censorship
circumvention are blocked in Indonesia under laws that grant the government power to filter
content without judicial oversight. While there is no systematic abuse of this system to restrict
political content, many minority groups, like the LGBT community, find their content inaccessible
with no clear avenue of appeal. Social media and communications apps are avidly used, though
their potential for spreading hate speech remains a concern. Google blocked the notorious
Innocence of Muslims video on YouTube after it sparked unrest.
The internet has expanded Indonesians access to information, as they are no longer dependent on
traditional media for news; many have adopted the internet as their main information source. In
response, the governments approach has shifted. The 2008 ITE Law granted the MCI powers to
monitor and censor online content at its own discretion without a court order, though it did not
outline the process involved.20 An anti-pornography law was also passed in 200821and upheld by
the courts in 2010, despite being challenged as unconstitutional.22
Since then, filtering of pornographic material has increased, particularly after some public celebrity
sex tape scandals in 2010. 23 Defining what constitutes pornography, however, has proved a
stumbling block in the Muslim majority nation. The U.S.-based website of the Free Speech
Coalition, a trade association for the adult entertainment industry, is censored, along with multiple
other legitimate sites. Sex education resources and websites hosted by LGBT organizations, both
19
BRTI,PelantikanAnggotaKomiteBadanRegulasiTelekomunikasiIndonesiaPeriode20122015[InauguralRegulatory
CommitteeMembersIndonesianTelecommunicationsRegulatoryBodyPeriod20122015],May3,2013,
http://brti.or.id/component/content/article/75pressrelease/239pelantikananggotakomiteregulasi20122015
20
Article40(2)oftheITELawstatesthatthegovernment,incompliancewiththeprevailinglawsandregulations,aimsat
protectingpublicinterestfromallformsofdisturbancesthatresultfromtheabuseofelectronicinformationandelectronic
transaction.LawNo.11of2008onElectronicTransactionandInformation,availableat
http://www.setneg.go.id/components/com_perundangan/docviewer.php?id=1969&filename=UU%2011%20Tahun%202008.pd
f.
21
LawNo.44onPornography.
22
KarishmaVaswani,IndonesiaUpholdsAntipornographyBill,BBC,http://news.bbc.co.uk/2/hi/8586749.stm.
23
OpenNetInitiative,CountryProfileIndonesia,August9,2012,http://opennet.net/research/profiles/indonesia.
INDONESIA

domestically and overseas, are consistently filtered, and even art and traditional attire can be
considered explicit.
The ministry is not known to systematically filter political content or anti-government criticism,
though other broad restrictions are in place. Encryption and circumvention tools are blocked,24
though some can be found in practice. Sites that promote terrorism and file-sharing are also subject
to restrictions. In 2011, after a suicide bomber attacked a church in central Java, the MCI
announced that it would block 300 out of 900 Islamist websites that the public had reported for
promoting violence, radicalism or terrorism, though the list of sites was not published.25 The same
year, representatives of the Indonesian music industry urged the MCI to shutter 20 websites that
enabled users to download songs without permission from the artists;26 four remain closed.27 In
July 2012, the APJII mooted banning all websites that allow illegal downloads, but this had yet to
appear by the end of the coverage period.28
There is a general lack of clarity about censorship decisions and how to challenge them. The MCI
maintains an online database of blacklisted domains and URLs, Trust Positif, as a reference for
providers on what to filter. Trust Positif listed over 745,000 domain names and 55,000 URLs for
pornographic content in 2013, a slightbut not dramaticincrease over the previous year;29 the
site also provides an email address and form for individuals to report illegal content.
Implementation of these blocks, however, is often inconsistent across service providers. Some
requests are apparently also issued directly to providers on an ad hoc basis, while individual
companies have been willing to reverse or ignore censorship orders. In early 2012, the U.S.-based
International Gay and Lesbian Human Rights Commission reported that a handful of mobile service
providers had begun blocking its website on MCI instructions, though at least one operator did not
comply.30
Besides the ministry, the independent Nawala Foundation provides a free DNS server enabling
service providers to block hundreds of thousands of websites for pornography and gambling, among
other categories; a 2013 news report said it had blocked 600 fraudulent stores.31 It does not publish
its database, and users generally learn sites are unavailable when they encounter the services error
24
Deibert,Indonesia.
RatriAdityarani,ToFightTerrorismIndonesiaBlocks300Websites,TechinAsia,September29,2011,http://www.penn
olson.com/2011/09/29/terrorismindonesiablocks300websites/.
26
AchmudRouzniNoorII,MenkominfoDidesakTutup20SitusMusikIlegal[MCIPushedtoCloseDown20IllegalMusic
Website],Detik,July212011,http://www.detikinet.com/read/2011/07/21/161521/1686205/398/menkominfodidesaktutup
20situsmusikilegal.
27
Mp3lagu,Pandumusica,Musikflazher,andFreedownloadmp3arenolongeraccessible,butitwasnotcleariftheywereshut
downorvoluntarilydiscontinued.
28
IndonesiasISPstoBlockPiratedMusicSites,JakartaPost,July6,2012,
http://www.thejakartapost.com/news/2012/07/06/indonesiasispsblockpiratedmusicsites.html.
29
ThefulldatabaseisavailableatTrustPositif,http://trustpositif.kominfo.go.id/files/downloads/index.php?dir=database%2F.
30
InternationalGayandLesbianHumanRightsCommission,IGLHRCWebsiteBanned,February7,2012,
http://www.iglhrc.org/content/iglhrcwebsitebanned.
31
SelainSitusPorno,DNSNawalaHadangTokoOnlinePalsu[InAdditiontoPorn,DNSNawalaBlocksFakeOnlineStores],
Detik,April22,2013,http://inet.detik.com/read/2013/04/22/082832/2226480/323/selainsituspornodnsnawalahadang
tokoonlinepalsu.
25
INDONESIA

message while browsing. Nawala provides a form for website owners subject to accidental
blocking, though how it processes these complaints and how often it complies is not clear.32
The government has threatened service providers with intermediary liability for failing to
implement censorship in the past. In 2011, Research in Motion (RIM) agreed to filter pornographic
websites on their BlackBerry devices in Indonesia after the government regulator warned that the
firms market access could be restricted if it failed to comply.33 When attempting to access a
blocked site, BlackBerry users reportedly encounter a technical error rather than a message
informing them that access to the site has been deliberately restricted.
In 2012, the Indonesian government made 45 requests to Google to delete videos on YouTube, an
increase over the previous year.34 Most requests cited religious reasons, likely in connection with
the Innocence of Muslims video uploaded in the United States, ostensibly to promoting a movie
that denounced Islam.35 Many Indonesians joined restive street demonstrations to protest against
the video, and police said the film drove an increase in terror plots, including one targeting the
U.S. embassy in Jakarta.36 Tifatul Sembiring publicly confirmed the government had requested that
Google block 16 URLs to make it inaccessible in Indonesia.37
Some activists have successfully used digital tools to mobilize in defense of internet freedom. Strong
opposition from civil society actors and even some ISPs has successfully derailed some plans for
more stringent censorship. A draft Regulation on Multimedia Content introduced in early 2010
prompted a public outcry and fears of increased internet censorship, but it has remained on hold
since. The blogging community also rallied round Prita Mulyasari, an internet user accused of
criminal defamation in 2009, with a huge campaign called Koin Keadilan (Justice Penny,)
collecting tens of thousands of dollars on her behalf.38
Indonesia has enjoyed a thriving blogosphere since around 1999, though traditional media outlets
rather than blogstypically cover important political developments and corruption investigations.
Many of the earliest blogs were written by overseas Indonesians working in IT, until the younger
generation adopted the medium to write about their daily lives. By 2005 and 2006, blogs had begun
32
Nawala.org,http://www.nawala.org/
FemiAdi,RIMSaysCommittedToIndonesia,WillBlockPornonBlackBerrys,Bloomberg,January17,2011,
http://www.bloomberg.com/news/20110117/rimsayscommittedtoindonesiawillblockpornonblackberrys.html;Ardhi
Suryadhi,SensordiBlackberryterusdiawasi[CensorshiponBlackberryContinuouslyObserved],DetikInet,January21,2011,
http://www.detikinet.com/read/2011/01/21/142056/1551687/328/sensordiblackberryterusdiawasi.
34
GoogleTransparencyReport,http://www.google.com/transparencyreport/removals/government/ID/?by=product
35
IanLovett,ManLinkedtoFilminProtestsIsQuestioned,NewYorkTimes,September15,2012,
http://www.nytimes.com/2012/09/16/world/middleeast/manlinkedtofilminprotestsis
questioned.html?_r=2&ref=internationalrelations&;MichaelJosephGross,DisasterMovie,VanityFair,December27,2012,
http://www.vanityfair.com/culture/2012/12/makingofinnocenceofmuslims.
36
TheAssociatedPress,IndonesiaTerrorAttack:'InnocenceOfMuslims'FilmSaidToFuelEmbassyPlot,viaHuffingtonPost,
October19,2012,http://www.huffingtonpost.com/2012/10/29/indonesiaterrorattack_n_2038441.html.
37
SoalVideoInnocenceofMuslims,Tifatul:Sudah16URLDiblokir[InnocenceofMuslimsVideo,Tifatul:16URLsAlready
Blocked],Detik,September18,2013,http://news.detik.com/read/2012/09/18/160114/2024496/10/soalvideoinnocenceof
muslimstifatulsudah16urldiblokir?nd771104bcj.
38
MegaPutraRatya,PenghitunganselesaitotalkoinPritaRp.650.364.058[CountingofCoinsforPritahascollectedatotalof
Rp.650,364,058],Detik,December19,2009,http://m.detik.com/read/2009/12/19/113615/1262652/10/penghitunganselesai
totalkoinpritarp650364058.
33
INDONESIA

to specialize in various topics, including politics, economics, media, food, and entertainment. The
Salingsilang directory of Indonesian bloggers counted over 5.2 million Indonesian blogs as of the
end of 2011, covering issues such as popular culture and international current affairs.39
Indonesians are also avid users of social media, which a January 2013 survey listed as the nations
number one online activity, followed by instant messenger, search engines and e-mail.40 Social
media and communication apps, including YouTube, Facebook, and Twitter, are freely available,
and Indonesia had the fourth largest number of Facebook users in the world in 2013, with 47
million accounts, according to one report.41 President Susilo Bambang Yudhoyono, who began
tweeting in April 2012 as @SBYudhoyono, gained two million followers in less than two weeks.42
Another study described the Indonesian capital, Jakarta, as the worlds most active city on Twitter,
ahead of Tokyo, London, Sao Paulo, and New York. In addition to this distinction, Indonesia was
the only country with two cities in the top ten; the second was Bandung, the capital of West Java.43
As Facebook and Twitter use has grown, the popularity of blogging has declined.
Social media growth has produced new concerns about content manipulation. Analysts say
anonymous or pseudonymous Twitter accounts circulating politically-motivated rumors and attacks
on politicians may be part of sponsored campaigns to influence online discourse, or even blackmail
well-known figures seeking to protect their reputations.44 Social media pages have also been used
by religious extremists. In mid-2013, an expert told the Associated Press that 50 to 100 militants
had been recruited directly through Facebook in the past two years.45

In September 2012, the Supreme Court finally cleared Prita Mulyasari on criminal and civil charges
relating to a personal email she sent in 2009 complaining about a local hospital, after three weeks in
jail, a suspended prison sentence, and earlier court orders that she pay the institution nearly
$15,000 in damages. Yet the provisions of the law which allowed the spurious prosecution are still
on the books, and the status of a promised reform remains unclear. Another legal ruling was less
positive. In October 2012, the Constitutional Court rejected a civil society petition for judicial
review of the 2011 State Intelligence Law, one of a handful of laws that allow authorities to
intercept electronic communications with inadequate privacy protections.
39
Salingsilanghassinceclosedandno2012countisavailable.
eMarketer,IndonesiasCities,MobileBoostsInternet.
41
Quintly,acompanywhichprovidesstatisticsonglobalFacebookandTwitteruse,isbasedinGermany.FacebookCountry
Stats,http://www.quintly.com/facebookcountrystatistics?period=1month.
42
YudhoyonosArrivalonTwitterLetsDownPundits,PornStar,JakartaPost,April15,2013,
http://www.thejakartapost.com/news/2013/04/15/yudhoyonosarrivaltwitterletsdownpunditspornstar.html.
43
Semiocast,TwitterReachesHalfaBillionAccounts,MoreThan140MillionintheUS,July,30,2012,
http://semiocast.com/publications/2012_07_30_Twitter_reaches_half_a_billion_accounts_140m_in_the_US.
44
TheAnonymousDenizensoftheIndonesianTwitterverse,JakartaPost,May7,2013,
http://www.thejakartapost.com/news/2013/05/07/theanonymousdenizensindonesiantwitterverse.html.
45
NiniekKarmini,APExclusive:FacebookBrokeIndonesiaTerrorCase,TheAssociatedPress,June21,2013,
http://bigstory.ap.org/article/apexclusivefacebookbrokeindonesiaterrorcase.
40
INDONESIA

Indonesias constitution guarantees freedom of opinion in its third amendment, adopted in 2000.46
The constitution also includes the right to privacy and the right to gain information and
communicate freely.47 These rights are further protected by various laws and regulations.48
However, other laws limit free expression, despite legal experts opinions that they conflict with
the constitution.49
Approximately seven different laws involve internet use, the most prominent being the 2008 ITE
Law. A 2011 State Intelligence Law introduced penalties of up to ten years imprisonment and fines
over $10,000 for revealing or disseminating state secrets, a term which is vaguely defined vaguely
in the legislation.50 This framework provides authorities with a range of powers to penalize internet
users, even though not all are regularly implemented.
Provisions of the 2008 ITE Law have been used repeatedly to prosecute Indonesians for online
expression. The laws penalties for criminal defamation, hate speech, and inciting violence online
are harsh compared to those established by the penal code. Sentences allowed under Article 45 can
extend to six years in prison; the maximum under the penal code is four years, and then only in
specific circumstancesmost sentences are less than a year and a half.51 Financial penalties show an
even more surprising discrepancy. While the ITE law allows for fines up to one billion rupiah
($80,000), the equivalent amounts in the penal code have apparently not been adjusted for
inflation. Article 310, for example, allows for paltry fines of IDR 4500 for both written and spoken
libel.52 As of May 1, 2013, that amounted to 40 cents.
The trial of housewife Prita Mulyasari for online defamation under the ITE Law is the most notable,
and only concluded in September 2012. Police first detained Pritawho is widely known by her
first namefor three weeks in 2009 for an email to friends that criticized her treatment at a private
hospital in Tangerang city, Banten province.53 The Tangerang District Court acquitted her on all
criminal charges,54 but prosecutors appealed to the Supreme Court, who sentenced her to a sixmonth suspended sentence and placed her on probation for one year 2011.55 Though she did not
46
Constitutionof1945,Article28E(3).
Constitutionof1945,Articles28Fand28G(1).
48
Amongothers,LawNo.39of1999onHumanRights,LawNo.14of2008onFreedomofInformation,andLawNo.40of
1999onthePress.
49
WahyudiDjafaretal.,Elsam,AsesmenTerhadapKebijakanHakAsasiManusiadalamProdukLegislasidanPelaksanaan
FungsiPengawasanDPRRI[AssessmentoftheHumanRightsPolicyinLegislationandtheImplementationofParliament
Monitoring],InstituteforPolicyResearchandAdvocacy,2008.
50
IndonesianParliamentPassesControversialIntelligenceBill,EngageMedia,October25,2011,
http://www.engagemedia.org/Members/emnews/news/indoneisanparliamentpassescontroversialintelligencebill.
51
HumanRightsWatch,TheLegalFramework:CriminalDefamationLawinIndonesia,inTurningCriticsIntoCriminals,May4,
2010,http://www.hrw.org/node/90020/section/6.
52
KitabUndangUndangHukumPidana[CriminalLaw],availableatUniversitasSamRatulangilawfaculty,
http://hukum.unsrat.ac.id/uu/kuhpidana.htm#b2_16.
53
NadyaKharima,UUITEMakanKorbanLagi[ITEBillcreatesavictimagain],Primaironline,May28,2009,
http://primaironline.com/berita/detail.php?catid=Sipil&artid=uuitemakankorbanlagi.
54
IsmiraLutfiaetal,PritaAcquitted,ButIndonesiasAGOPlansAppeal,JakartaGlobe,December29,2009,
http://www.thejakartaglobe.com/home/pritamulyasariclearedofallcharges/349844.
55
FaisalMalikiBaskoroandRanggaProkosso,ShockGuiltyVerdictinPritaMulyasariSaga,JakartaGlobe,July9,2011,
http://www.thejakartaglobe.com/jakarta/shockguiltyverdictinpritamulyasarisaga/451797.
47
INDONESIA

serve any jail time, the decision was criticized for setting a dangerous precedent.56 The hospital also
filed a parallel civil suit, despite widespread opposition from bloggers and civil society groups.57 A
court ordered her to pay the hospital 204 million rupiah ($14,300) in damages in the civil suit,58
though the Supreme Court reversed the ruling on appeal.59 In 2012, the Supreme Court reviewed
the criminal case again, and found her innocent of all charges.60
The opposition to Pritas indictment did not prevent other, similar cases from going to trial. In
2012, Ira Simatupang, a doctor from a hospital in Tangerang, was charged over private emails to
friends that accused a colleague of sexual harassment; the colleague denied the charge.61 She was
sentenced to five months probation without jail time in July 2012. In November, the high court
extended it to two years; she said she would appeal.62
Several other criminal cases disproportionate to the offence have been filed under the ITE Law in
the past two years, including defamation charges filed by a member of parliament involving photos
of her on Twitter,63 and an SMS defamation complaint between two politicians.64 No indictments
were reported in these cases, which appeared to stall at the police level. Still, they increase selfcensorship, and have begun to spur public demand for the law to be amended. Unfortunately, while
an MCI spokesman promised to prioritize revising the online defamation provisions in 2013, they
had yet to materialize during the coverage period of this report.65
In 2010, the government introduced a draft Computer Crimes Law into parliament.66 Although
mostly addressing business transactions, it also stipulated restrictions on computer and internet
usage, and continued the trend of prescribing harsher penalties for offenses already criminalized
56
MembacaPutusanKasasiMADalamKasusPrita[ReadingintoSupremeCourtDecisioninPritaCase],DuniaAngara,July
22,2011,http://anggara.org/2011/07/22/membacaputusankasasimadalamkasusprita/.
57
HertantoSoebijoto,KasusPrita:LimaLSMAjukanAmicusCuriae[Pritacase:5NGOssubmitAmicusCuriae],Kompas,
October14,2009,http://bit.ly/15BWpOA.
58
CyprianusAntoSaptowalyono,HumasPTBanten:PutusanBuatPritaBelumBerkekuatanHukumTetap[BantenCorporate
PublicRelations:VerdictforPritaDoesNotHaveLegalPower],Kompas,December7,2009,
http://m.kompas.com/news/read/data/2009.12.07.13135791.
59
InaParlina,SupremeCourtOverturnsAcquittalofHousewifePrita,JakartaPost,July9,2011,
http://www.thejakartapost.com/news/2011/07/09/supremecourtoverturnsacquittalhousewifeprita.html.
60
IniDiaKronologiPritaMencariKeadilan,Detik,September18,2013,
http://news.detik.com/read/2012/09/18/124551/2023887/10/inidiakronologipritamencarikeadilan?nd771104bcj.
61
ProsecutorDemandsSixMonthsinPrisonforDoctorWhoSentOffensiveEmails,JakartaGlobe,June13,2012,
http://bit.ly/16AfH7O.
62
AndiSaputra,TangisDr.Ira,CurhatPerilakuCabulAtasanviaEmailMalahDipidana[DrIraSentencedforObsceneEmail,
Weeps,Detik,http://bit.ly/ZLLoRx.
63
LiaHarahap,KartikaSiapHadapiLaporanAnggotaFGerindraNouraGaragaraTwitter[KartikareadytoreportGerindra
FactionMemberNourabecauseofTwitter],Detik,May13,2011,http://bit.ly/18Ahben.
64
AprisalRahmatullah,YusufSupendiCobaJeratPresidenPKSDenganPaselITE[YusufSupendiuseITElawtoreportPKS
(SocialJusticeParty)President],Detik,March29,2011,http://news.detik.com/read/2011/03/29/180409/1604007/10/yusuf
supendicobajeratpresidenpksdenganpasalite.
65
KemenkominfoPrioritaskanRevisiUUITETahunIni,Kompas,January13,2013,
http://tekno.kompas.com/read/2013/01/16/11530420/Kemenkominfo.Prioritaskan.Revisi.UU.ITE.Tahun.Ini.
66
TheComputerCrimesLawisabbreviatedasTPTortheTipitibillafteritsBahasaname,TindakPidanaTeknologiInformasi.
WendyZeldin,Indonesia:CyberCrimeBill,LibraryofCongress,January13,2010,
http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205401769_text.
INDONESIA

under existing legislation.67 Passage of the measure would potentially increase the number of laws
regulating criminal defamation to eight, with each calling for a different sentence.
A draft law on ICT convergence to replace the Telecommunications Law, the Broadcasting Law,
and possibly the ITE Law, is also under discussion. Critics have raised concerns that under the law,
websites and other ICT applications would be required to obtain a license from the MCI for a fee, a
process that could place restrictions on freedom of expression and the open source community, as
well as Wi-Fi hotspots. 68 As of May 2013, neither of the drafts had been enacted.
The police,69 the Indonesian Corruption Commission,70 and the national narcotics board Badan
Narkotika Nasional have legal authority to conduct surveillance in Indonesia,71 while the antipornography law requires cybercafe owners to monitor their customers. There is little oversight
and there are few checks in place to prevent abuse of monitoring powers used to combat terrorism,
the best known use of surveillance techniques. Surveillance concerns intensified in 2011 with the
passage in October of a new State Intelligence Law, though several problematic provisions were
removed prior to passage, partly thanks to civil society activism.72 International and domestic
human rights groups said the law authorized the state intelligence body, Badan Intelijen Negara, to
intercept communications. Although a court order is required in most cases, concerns remain that
due to limits on judicial independence, permission will be granted too easily.73 The law is one of at
least nine that allow surveillance or wiretapping, yet the only other law that explicitly requires
judicial oversight involves narcotics. Even then, the procedures are unclear. In October 2012, the
Indonesian Constitutional Court rejected a request for judicial review of the State Intelligence Law
by the Alliance for Independent Journalists, four other civil society groups, and thirteen
individuals.74
In 2013, news reports said the MCI was investigating three ISPs after the University of Torontobased Citizen Lab detected FinSpy spyware from the FinFisher surveillance apparently being
operated by the providers or their customers.75
67
MuhammadAminudin,CyberCrimeMenggurita,DPRKebutUUTindakPidanaTI[CybercrimesImminent,Parliament
SpeedupCybercrimeLaw],Detik,March3,2012,http://inet.detik.com/read/2012/03/25/091604/1875607/399/cybercrime
mengguritadprkebutuutindakpidanati.
68
HarrySufehmi,Twitterpost,October8,2010,23:30,https://twitter.com/sufehmi.
69
LawNo.16of2003ontheStipulationofGovernmentRegulationinLieuofLawNo.1of2002ontheEradicationofCrimesof
Terrorism(StateGazetteNo.46of2003,SupplementtotheStateGazetteNo.4285),availableat:http://bit.ly/18zYER7.
70
MinistryofStateSecretariatoftheRepublicofIndonesia,LawNo.30of2002ontheAntiCorruptionCommission,
http://www.setneg.go.id/components/com_perundangan/docviewer.php?id=300&filename=UU_no_30_th_2002.pdf.
71
MinistryofStateSecretariatoftheRepublicofIndonesia,LawNo.35of2009onNarcotics,http://bit.ly/19etZoD.
72
InternationalCrisisGroup,Indonesia:DebateoveraNewIntelligenceBill,AsiaBriefingno.124,July12,2011,
http://www.crisisgroup.org/en/regions/asia/southeastasia/indonesia/B124indonesiadebateoveranewintelligence
bill.aspx.
73
HumanRightsWatch,Indonesia:RepealnewIntelligenceLaw.OverbroadProvisionsFacilitateRepression,October26,
2011,http://www.hrw.org/print/news/2011/10/26/indonesiarepealnewintelligencelaw.
74
ArifAbrams,MKTolakUjiMateriUUIntelijenNegara[TheCourtRejectedStateIntelligenceLawJudicialReview],
Kontan,October10,2012,http://nasional.kontan.co.id/news/mktolakujimateriuuintelijennegara.
75
EnrickoLukman,IndonesianTopInternetServiceProvidersAccusedofSpyingonUsers,March18,2013,
http://www.techinasia.com/indonesiantopinternetserviceprovidersaccusedspyingusers/.
INDONESIA

Mobile phone users are technically required to register their numbers with the government by text
message when they buy a phone, though this obligation is often ignored. Some telecommunication
companies are known to have complied with law enforcement agencies requests for data. In 2011,
amidst concerns that the RIMs Blackberry encrypted communication network would hinder antiterrorism and anti-corruption efforts, the company reportedly cooperated with the authorities in
isolated incidents,76 and agreed to establish a local server. When they developed this in Singapore
instead of Indonesia, the government threatened to introduce a regulation requiring
telecommunications companies to build data centers in-country. This has yet to materialize, and
RIM has resisted the pressure,77 although some recent news reports said it was losing its market
dominance.78
There have been no reports of extralegal attacks, intimidation, or torture of bloggers or other
internet users. However, it is common for policeand sometimes Islamic fundamentalist
groupsto conduct searches of cybercafes without prior notice, since the venues are perceived as
promoting immoral conduct.79 Most of the searches are conducted without warrants and are rarely
followed by court proceedings, leading observers to believe police carry out some raids to extract
bribes from the owners.
Politically motivated cyberattacks against civil society groups have not been reported in Indonesia.
However, several government websites have been targeted in the past.
76
ArienthaPrimanitaandFaisalMalikiBaskoro,PressureonBlackBerryMakertoBuildServersinIndonesia,JakartaGlobe,
December14,2011,http://www.thejakartaglobe.com/business/pressureonblackberrymakertobuildserversin
indonesia/484588.
77
RIM:BuatApaBangunServerBlackberrydiIndonesia[RIM:CreateaServerforBlackBerryinIndonesia?],Detik,February
21,2012,http://inet.detik.com/read/2012/02/21/151942/1847914/317/rimbuatapabangunserverblackberrydiindonesia.
78
BlackBerrySearchingHighandLowinIndia,Indonesia,Reuters,February4,2013,
http://in.reuters.com/article/2013/02/04/blackberryindiaasiaidINDEE91300220130204.
79
ShariahPoliceArrestFiveinBandaAcehPunkRaid,JakartaGlobe,September5,2012,
http://www.thejakartaglobe.com/archive/shariahpolicearrestfiveinbandaacehpunkraid/.
PoliceBustHighSchoolStudentsforCuttingClassinFavorofFacebook,JakartaGlobe,March3,2010,
http://www.thejakartaglobe.com/home/policebusthighschoolstudentsforcuttingclassinfavoroffacebook/361673.
INDONESIA
IRAN
2012
2013
NOT NOT
FREE FREE
21
22
32
32
37
Total (0-100)
90
91


In a bid to increase domestic speeds and decrease international data costs, authorities
throttled encrypted traffic from outside connections and set out to transfer Iranian
content to domestically-hosted servers (see OBSTACLES TO ACCESS).
Blogs and news sites which support President Ahmadinejad were blocked as part of a
larger conflict between conservative factions due to the June 2013 presidential election
(see LIMITS ON CONTENT).
The government has moved to more sophisticated instruments for blocking text
messages, filtering content, and preventing the use of circumvention tools in
anticipation of the election (see LIMITS ON CONTENT).
Sattar Beheshti, a prominent blogger and critic of Ahmadinejad, was killed while in
police custody (see VIOLATIONS OF USER RIGHTS).
IRAN

This report covers events between May 1, 2012 and April 30, 2013. On June 14, 2013, Iranians
took to the polls to elect a new president for the first time since the deeply-flawed presidential elections
of 2009, which led to large-scale protests and a violent crackdown on supporters of the opposition
Green Movement. With an eye on preventing a repeat of 2009, authorities waged an aggressive
campaign of filtering websites, blogs, and even text messages that expressed support of certain political
candidates. In the week leading up to the vote, the disruption of services reached its peak. Encrypted
traffic was throttled to 1 to 5 percent of normal speeds and the authorities used a white list to block
all international connections that were not pre-approved. Because of this, most online tools that allow
users to circumvention censorship and communicate anonymously were blocked or dysfunctional. A
large number of Iranian activists and journalists were targeted by sophisticated malware attacks or
smear campaigns on social media.
Hassan Rouhani, a cleric and political opponent of President Mahmoud Ahmadinejad, was commonly
seen as the most moderate or pragmatic candidate in the race. This also applied to issues of internet
freedom, on which he stated that some Iranian authorities were living in the 19th century while
todays world is the information world.1 Rouhani was elected president after only the first round with
just over 50 percent of votes and took office on August 3, 2013.
INTRODUCTION
The internet was first introduced in Iran during the 1990s to support technological and scientific
progress in an economy that had been badly damaged by eight years of war with Iraq. Until 2000,
the private sector was the main driver of internet development. This changed under the
government of the reformist President Mohammad Khatami (19972005), when the authorities
invested heavily in expanding the internet infrastructure, but also began to clamp down on free
expression online. Meanwhile, Supreme Leader Ali Hosseini Khamenei first asserted control over
the internet through a May 2001 decree that centralized service providers connections to the
international internet. Internet filtering, which began toward the end of the Khatami presidency in
2005, has become more severe since the disputed presidential election in June 2009.
Alongside the expansion of existing controls, in July 2011 the Iranian authorities began referring to
the creation of a National Information Network (NIN), ostensibly to create a safe internet.2
Though confirmed details of the plan remain sketchy, objectives include the mandatory registration
of internet protocol (IP) addresses, the moving of government-approved websites to servers based
inside the country, and the launching of Iranian equivalents of major online services like e-mail,
social-networking sites, and search engines. These measures will restrict online anonymity, increase
monitoring capabilities, and allow Iranian authorities to control access to particular international
1
IranianInternetInfrastructureandPolicyReport,AprilJune2013,June2013,SmallMedia,availableat
http://smallmedia.org.uk/InfoFlowReportAPRIL.pdf.http://smallmedia.org.uk/IIIPJune.pdf.
2
Irantolaunchnationaldatanetwork,PressTV,August10,2011,http://www.presstv.ir/detail/193306.html;.
IRAN

communication flows during periods of political unrest without the need to shut down all domestic
services.
Despite all of these limitations, the internet remains the only viable means for Iranian citizens and
dissenters to obtain news and organize themselves. Traditional media outlets are tightly controlled
by the authorities, and satellite broadcasting from outside Iran is subjected to heavy jamming.
Paralleling the rise in censorship, the use of virtual private networks (VPNs), proxies, and other
circumvention tools has also grown dramatically since 2009. Nonetheless, authorities blocked these
tools in March 2013, forcing users to switch to a different set of well-known tools, which were
then blocked two months later. These actions were taken as a set of broader measures to increase
security and cut down on dissent in the run up to the June 2013 presidential election. While sites
related to discriminated religions, liberal opposition movements, human rights, and international
news outlets remain blocked, the past year saw an increase in filtering of websites and blogs
supportive of President Mahmoud Ahmadinejad, whose relationship with the Supreme Leader has
soured. Currency-exchange sites were also blocked as the government sought to control the
devaluation of the Iranian rial. Finally, numerous activists and ordinary Iranians remained in prison,
while many more were detained over the past year. The brutality of the security forces is wellknown, and this year the death of blogger Sattar Beheshti caused outrage after it was exposed over
social media.
OBSTACLES TO ACCESS
Current statistics on the number of internet users in Iran are inconsistent and highly disputed,
though most observers agree that usage continues to grow. On the one hand, data from the
Statistical Center of Iran, a government body, suggests that over 21 percent of the countrys 20.3
million households were connected to the internet in 2011. These statistics also put the number of
total internet users at 11 million or a penetration rate of almost 15 percent.3 On the other hand,
Irans Center for Managing National Development of Internet (MATMA), a government-affiliated
organization, claimed that 60 percent of Iranians are connected to the internet, though the
methodology of the study includes the use of cybercafes. Iran's Media News reports that around 13
percent of Iranian internet users have access to high-speed internet, while 84 percent still rely on
dial-up connections.4
In contrast, the International Telecommunication Union (ITU) estimated the number of internet
users in Iran at 26 percent for 2012.5 Citing the Iranian Information Technology Organization as its
source, the ITU also claimed that there are only four fixed-broadband subscriptions per every 100
21.4ofIranianfamilieshaveaccesstotheInternet,WimaxNews,accessedJune24,2013,
http://wimaxnews.ir/NSite/FullStory/News/?Id=3190.
4
RadioZamaneh,MostinternetusersstillusedialupinIran,PayvandIranNews,March24,2012,
http://www.payvand.com/news/12/mar/1222.html.
5
PercentageofindividualsusingtheInternet,InternationalTelecommunicationsUnion,accessedApril25,2013,
IRAN

inhabitants.6 Less than four percent of Iranians have access to a high-speed internet connection of at
least 1.5 Mbps.7 In terms of user demographics, men are 58 percent more likely to use the internet
than women, and 94 percent of fixed-internet subscriptions are located in urban areas. 8
Internet speeds are incredibly slow in Iran, which ranked 164 out of 170 countries in a recent
study.9 Furthermore, Iranians have the most expensive internet service in the world when price is
calculated relative to speed, quality, and download capacities.10 In December 2012, the
Communication Regulatory Authority approved an increase of broadband internet tariffs by about
50 percent, resulting in a cost increase for end users by about 10 to 15 percent. According to the
CRA, the change in price is due to fluctuations in foreign exchange rates which have increased the
cost of international data traffic.11
A directive by the CRA asking all ISPs to separate internet traffic from intranet traffic, in line with
the continued implementation of the National Information Network (NIN), has resulted in a
significant increase in speeds when accessing sites hosted inside Iran.12 It has been said that the full
implementation of the NIN plan will result in a tenfold increase in the countrys bandwidth.13
However, the speed of access to sites hosted outside Iran remains very low and the connection is
one of the most unstable in the world.14 A number of major ISPs suffer an average of 10 to 20
percent of packet loss. Renesys, a global network monitoring service, also reported substantial and
frequent disruptions to the connectivity of specific ISPs in Iran.15 (For more on the National
Information Network, please see Limits on Content.)
Irans mobile telephone sector continues to grow as well. According to the ITU, Iran had a mobile
phone penetration rate of 76.9 percent, up from 41.7 in 2007.16 Iran is also considered the largest
potential market for mobile phones in the Middle East and is reportedly investing heavily in its
mobile infrastructure.17 RighTel, the third largest mobile service provider of Iran, increased its
coverage for 3G and now has 17 cities under partial 3G mobile coverage. However, Irans security6
Fixed(wired)broadbandsubscriptions,InternationalTelecommunicationsUnion,accessedApril25,2013,
7
Lessthan1percentofIranianshavehighspeedinternet,Trend,September3,2012,
http://en.trend.az/regions/iran/2061143.html.
8
21.4offamilieshaveaccesstotheInternet,WimaxNews,accessedJune26,2103
9
RadioZamaneh,MostinternetusersstillusedialupinIran,PayvandIranNews,March24,2012,
http://www.payvand.com/news/12/mar/1222.html.
10
RadioZamaneh,MostinternetusersstillusedialupinIran,PayvandIranNews.
11
TheeffectsofsuddenincreaseofcostaccessingInternet,,ISNA,accessed26June,2013,seehttp://bit.ly/ZdJ7o1.
12
"TheseparationofInternetandIntranettraffichasbeeninitiated",ITIran,accessed26June,2013
http://itiran.com/?type=news&id=17699.
13
"LaunchofNationalInformationNetwork,Firsthalfofthisyear",ITIran,accessed26June,2013
http://itna.ir/vdcfmcd0.w6dy0agiiw.html.
14
BGPUpdateReport,SecLists.OrgSecurityMailingListArchive,accessed26June,2013
http://seclists.org/nanog/2012/Nov/312.
15
RenesysIranInternetEventsBulletin
http://www.renesys.com/eventsbulletincgibin/mtsearch.cgi?search=iran&IncludeBlogs=1&limit=20.
16
Mobilecellular,InternationalTelecommunicationsUnion,accessedApril25,2013,http://www.itu.int/en/ITU
D/Statistics/Pages/stat/default.aspx.
17
SurfingthewebonamiPhoneinIran,Guardian,accessedJune24,2013,
http://socialenterprise.guardian.co.uk/it/articles/medianetworkpartnerzonepublici/webiphoneiran.
IRAN

driven view of the internet has slowed the development of internet infrastructure in the country.
For example, a plan to make high-speed wireless internet available in public spaces in Tehran,
proposed by the ISP MobinNet, was blocked by the CRA after it failed to provide a license to the
company with no official explanation.18 In April 2013, the Psychological Association of Qom
Hawza sent a letter to the parliament requesting that RighTels 3G service be blocked in order to
prevent the breakdown of Iranian families and immorality among the youth.19 The use of mobile
wireless is often criticized for allowing video calls between members of the opposite gender.
In Iran, the limitations imposed on ICTs closely follow the countrys internal political dynamics.
For example, beginning around October 6, 2012, and timed with sporadic protests over economic
conditions, the Telecommunications Company of Iran temporarily blocked several types of foreignhosted media files. According to initial reports, this blocking targeted audio (.MP3), video (.MP4,
.AVI), and Adobe Flash/Shockwave content.20 Over late 2012 and early 2013, authorities
periodically throttled the speeds of virtual private networks (VPNs) in order to dissuade Iranians
from their use. In anticipation of the June 2013 presidential elections, the authorities blocked all
circumvention tools in March 2013 (see Limits on Content) and engaged in extreme throttling of
encrypted traffic, with secure traffic running at between one to five percent of the speeds for
unsecured and domestic traffic. Authorities effectively ran a white list of permitted applications
and services, using deep packet inspection (DPI) to monitor content and distinguish between
unencrypted, encrypted, and abnormal traffic. International connections and traffic that did not fall
within an approved white list were throttled and terminated after 60 seconds. Domestic traffic,
which is monitored, did not fall under these restrictions.21
In a bid to decrease costs and improve speeds, authorities have been looking to move Iranian
content to servers hosted within the country. This would allow the state-owned internet company
to avoid paying high international traffic costs, especially taxing during this time of currency
fluctuations brought on by economic sanctions. According to Irans Deputy Minister of ICT, the
government has already moved more than 90 percent of its websites to providers based inside the
country and is now pressuring privately-owned websites to follow suit.22 Compliance has been
limited, however, primarily because hosting services offered by Iranian companies are significantly
more expensive than those of their overseas competitors due to economic sanctions on technology
imports.
Irans deputy minister for ICT has stated that more than 90 percent of the governments websites
have been moved to domestic servers, and the authorities are pressuring privately-owned websites
to follow suit. However, since Iranian companies cannot offer the same low prices as many
18
LicensetolaunchapublicWiFinetworkwasnotissued,Mehrnews,accessedJune24,2013,
http://www.mehrnews.com/detail/News/1640766.
19
IranianInternetInfrastructureandPolicyReport,MarchApril2013,April2013,SmallMedia,availableat
http://smallmedia.org.uk/InfoFlowReportAPRIL.pdf.
20
SomeaudioandvideoformatshavebeenblockedinIran,BBCPersian,accessedJune24,2013,
http://www.bbc.co.uk/persian/science/2012/10/121005_na_audio_and_video_format_blocked_in_iran.shtml.
21
22
Theministrypromises20Mbpsinternetagain,[translated]MashreghNews,July23,2011,seehttp://bit.ly/16tlGLu.
IRAN

international companies, many have yet to make the move. Still, authorities have already requested
that ISPs separate traffic destined to servers within the country from that traffic going outside,
resulting in relatively high-speeds for accessing approved content, versus incredibly slow access to
websites hosted internationally that are already filtered. Many observers and former officials,
however, are pessimistic about the situation of the internet in the country. In an interview, Seyed
Ahmad Motamedi, a communications minister under former president Khatami, referred to the
countrys ICT sector as unsustainable and "a serious catastrophe.
The telecommunications industry in Iran is tightly controlled by the government or related entities.
In recent years, the role of the Islamic Revolutionary Guards Corps (IRGC)a politically
important branch of the security forces that also controls large sections of the economyin the
ICT sector has notably increased.23 In September 2009, for example, the IRGC purchased a
controlling stake in the Telecommunications Company of Iran (TCI), the countrys main provider
of internet and mobile phone services. The Data and Communication Company (DCC), which
operates under the TCI, retains a monopoly on internet traffic flowing in and out of Iran. Other
providers must purchase bandwidth from the DCC. Direct access to the internet via satellite is only
permitted to certain institutes and is prohibited for personal use. The mobile phone market is
under similar state influence. IranCell, the second mobile operator behind the TCI, is owned in
part by a web of proxy companies controlled by the IRGC (there are a number of high profile
IRGC ex-commanders among its management). The third operator, RighTel, was launched in early
2011. It, too, is a government-owned entity.
There is no independent regulatory body for ICTs in Iran. The Communications Regulatory
Authority (CRA) is responsible for telecommunications licensing. It is part of the Ministry for
Information and Communication Technologies and its head is appointed by the minister.24 In March
2012, the broader decision-making process related to ICTs underwent a change, when Irans
Supreme Leader Khamenei issued a decree establishing The Supreme Council on Cyberspace
(SCC). The SCC is intended to provide a centralized focal point for policy-making and regulation of
Irans virtual space, effectively removing such authority from the executive, legislative, and
judiciary branches of the government and bringing it under Khameneis direct control. Observers
believed this reflected Khameneis dwindling trust of President Ahmadinejad and his hesitation to
leave such an important area of policy under the presidents authority.
LIMITS ON CONTENT
The Iranian authorities continued to restrict access to tens of thousands of websites, particularly
those of international news sources, the opposition Green Movement, ethnic and religious
minorities, and human rights groups. A member of the Commission to Determine the Instances of
Criminal Content (CDICC) stated in April 2013 that about 1,500 anti-religious websites,
23
24
IRAN
TheRevolutionaryGuardsisenteringtheITmarket,Digarban,December12,2011,http://www.digarban.com/node/3715.
CommunicationsRegulatoryCommissionofIran,accessedJuly31,2012,http://www.cra.ir/Portal/Home/.

including sites that promote the Wahhabi or the Bahai faiths, are blocked each month.25 Major
international social media tools, such as the social-networking site Facebook, the video-sharing
portal YouTube, the microblogging service Twitter, and the photo-sharing application Flickr, are
blocked. In late 2012 and early 2013, several political and economic events sparked new reactions
by those in charge of the filtering system in Iran, including the devaluation of Irans currency and
the increasing frictions among pro-state (conservative) bloggers.
Iranian authorities employ a centralized filtering system that can effectively block a website within a
few hours across the entire network in Iran. Private ISPs are forced to either use the bandwidth
provided by the government or route their traffic (which contains site-visit requests) through
government-issued filtering boxes developed by software companies inside Iran. The filtering boxes
search for banned text stringseither keywords or domain namesin the URL requests submitted
by users, and block access accordingly. On April 15, 2012, the Ministry of Communications ICT
Research Center announced a plan to create a local and integrated system for refining internet
content, rather than implementing filters at the countrys internet gateways as it does currently.
The Research Center, in describing the reasoning behind the plan, stated that although the internet
has many advantages, it is polluted with immoral websites, and can endanger societys moral
health.26
In 2013, Mehdi Akhavan Behabadi, the Secretary of the Supreme Council of Cyberspace,
announced a plan to change the filtering system from URL Filtering to Content Filtering ahead
of the presidential election in June 2013. This change would potentially increase restrictions on
content that the state does not currently sanction.27 The list of cybercrimes was also updated ahead
of the elections. According to the updated list, the following activities are considered to be illegal:
encouraging people to boycott the elections by publishing online content, publishing fake results of
surveys about the elections, and publishing any content that mocks the election or its candidates.28
Internet traffic over cell phones is subjected to a similar level of restrictions as fixed-line
connections. Iranian mobile users also do not have access to major app stores such as Apples
iTunes or Google Play, either due to a blockage by the Iranian government (in the case of the
former) or by the providing company (with regard to the latter). Warnings were also issued against
the potential misuse of SMS advertisements ahead of the presidential election. According to the
director of Iran's Information Technology and Digital Media Development Center, Hassan
Alizadeh, the content of bulk instant messages would be supervised more heavily.29 According to a
report from the official website of Ansar-e Hezbollah, the conservative Islamic paramilitary group
25Internetdeliverycaseislikelysuit,[translated]ITAnalyze.ir,April17,2013,
http://itanalyze.com/news/2013/04/17/20866.php?utm_source=feedly
26
ThenewschemeofICTresearchcenterofMinistryofCommunicationsforfiltering,JamNews,accessedJune24,2013,
http://www.jamnews.ir/NSite/FullStory/News/?Id=74737.
27
Propositionofestablishmentofspecialcourtforfiltering/sitesthatreceivegovernmentsubsidies,Khabaronline,accessed
24June,2013,http://www.khabaronline.ir/detail/275237/ict/ict.
28
Examplesofpresidentialelectionswereannouncedinthecriminalcontext[translated],Baharnews.ir,accessedJune24,
2013,http://www.baharnews.ir/vdci.zavct1avubc2t.html.
29
PrecisecontroloverthecontentofbulkSMS,NonIranianstobepreventedfromusingSMS,Mehrnews,accessedJune24,
2013,http://www.mehrnews.com/fa/newsdetail.aspx?NewsID=1731245.
IRAN

warned that phones with internet connections should be considered a threat to the Islamic
Republic, especially ahead of the upcoming election, as they are at risk of being hijacked by
Western powers to incite post-election violence.30 Around politically sensitive dates, authorities
have filtered SMS messages or even blocked all text messaging capabilities to prevent the spread of
information. For example, on April 4, 2013, short-message service (SMS) text messages containing
the word Mashaie were blocked, referring to Esfandiar Rahim Mashaei, the presidential candidate
supported by Ahmadinejad. Texts containing political slogans related to Mashaie and Ahmadinejad
had also been blocked in the past.
On September 24, 2012, Iran blocked access to Gmail in a move that caused outrage among
internet users and even some Iranian officials who were using the site as their primarily e-mail
service. It was later said that the Gmail block was an "involuntary" consequence of trying to
reinforce censorship of Google's YouTube video-sharing site in response to the inflammatory, antiIslam clip Innocence of Muslims.31 Mohammad Reza Miri, a member of the telecommunications
ministry committee, was quoted as saying the ministry lacked the "technical knowhow to
differentiate between these two services."32 The provided explanation did not seem to make sense,
however, since at the time of blocking Gmail, YouTube was already blocked. Nonetheless, the
Gmail blockage was lifted after a few days, mainly due to public pressure. It seems these measures
are designed to frustrate users and eventually force them to seek more easily-monitored
alternatives based in Iran. Although many Iranians have been able to access the blocked platforms
using various circumvention techniques, the authorities have actively worked to disrupt such
efforts, forcing users to constantly search for new solutions.
In another attack on Googles services, Adwords, its online advertising service, was also blocked by
the Iranian authorities. In spite of economic sanctions and various difficulties, many Iranian
businesses had been using Adwords to advertise their products on Google. These small businesses
have suffered greatly as the result of the Adwords blockage.33 There are also reports that while
access to the main Google domain is available, other country-specific domains are blocked. These
include Google Canada, Germany, UK, Japan, China, Netherlands, France, Italy, and Spain.34 This
restriction may be in place in an attempt to maintain tighter control on Iranian users access to
Google services. Voice over Internet Protocol (VoIP) and chatting services are also disrupted inside
Iran, whether by the intentional throttling of VoIP-linked data speeds or the blocking of services
altogether. According a report published in April 2013, the government-owned TCI is the only ISP
to not officially block services such as Viber, Skype, ooVoo, and Yahoo Messenger.35
30
Seriousweaknessinthemanagementofsatellitediscussion,Yalasarat,accessedJune24,2013,
http://yalasarat.com/vdcipvar.t1avv2bcct.html.
31
InternetinIran:Googlenotfiltered,Gmailfiltered,BBCPersian,accessedJune24,2013,
http://www.bbc.co.uk/persian/iran/2012/09/120924_asf_iran_gmail_block.shtml.
32
IranunblocksaccesstoGmail,AFP,accessedJune24,2013,
https://www.google.com/hostednews/afp/article/ALeqM5hR36K96WD9GYoBp51umwiKBb0nYQ?docId=CNG.94fb48b493fa1aa
cf4fc347be86ebaf0.7c1.
33
GoogleadsinIranhasbecomemorecomplicated,BBCPersian,accessedJune24,2013,
http://www.bbc.co.uk/persian/science/2012/09/120907_na_google_adwords_banned_in_iran.shtml.
34
Googlecountrydomainfiltering,ITNA,accessedJune24,2013,http://www.itna.ir/vdchqkni.23nzkdftt2.html.
35
IRAN
This coverage period was marked by increased frictions within pro-regime conservatives, mainly
between the pro-Ahmadinejad and pro-Khamenei camps, catalyzed by the June 2013 presidential
election. There was a sustained wave of filtering of blogs supportive of President Ahmadinejad, in
addition to campaign sites linked to presidential candidate Mashaei and former president
Mohammad Khatami, whom many Iranians called on to run in the elections. Irans Supreme Leader
expressed his approval of filtering out pro-Ahmadinejad blogs while speaking at a gathering of
university students.36 Ahmadinejad, however, has confronted the judiciary to free his many online
supports who have been arrested (see Violations of User Rights for more information on the
arrest of bloggers).37 The Persian-language Wikipedia page for Ahmadinejad was also reportedly
blocked at points during the coverage period for containing insults to the president, according to
the head of the Commission to Determine the Instances of Criminal Content.38
Several news websites associated with high-profile conservatives were also blocked. The website of
Alef News, which belongs to Tehrans conservative parliamentarian Ahmad Tavakkoli, was filtered
after publishing news on the corruption of Irans powerful Larijani brothers, who are in top
positions in the Islamic Republic. Tabnak and Baztab Emrooz, news websites associated with
Mohsen Rezaie, a former IRGC commander and a candidate in the upcoming presidential election,
were also blocked due to the content of user comments. All of these sites were unblocked after
several days, apart from Baztab Emooz, which has been taken down completely.
In an attempt to control the spiraling devaluation of the rial, Irans currency, authorities blocked a
majority of websites and applications that provide data on foreign exchange trading and gold
markets. Many ordinary Iranians are converting their rials into foreign currencies and gold in an
effort to preserve the value of their savings. Authorities took a multifaceted approach to the
blocking. Any references to the price of the dollar, currency, and gold coins were filtered in mobile
text messages.39 In addition, internationally-hosted sites were blocked and individuals behind sites
hosted within Iran were arrested or intimidated.40 Some local sites were also blocked to traffic from
outside Iran, like the domestically-hosted website of the Association of Iranian Exchanges, an
independent, apolitical and nonprofit organization of currency traders licensed by the Central Bank
of Iran.41 Some sites were allowed to operate again on the condition that they only displayed the
government-established exchange rates, rather than the market rate.42 The move to restrict foreign
36
Remarksinmeetingwithstudents,Khamenei.ir,accessedJune24,2013,http://farsi.khamenei.ir/speech
content?id=20686.
37
Ipersonallyfollowupthebloggersarrest,partisanshipisasymboloftribalism,Mehrnews,accessedJune24,2013,
http://www.mehrnews.com/detail/News/1668142.
38
39
Thewordsgold,foreignexchange,coin,dollarhavebeenblockedinSMSsystem,Smsmart,accessedJune24,201,see
http://bit.ly/1eK6FY7.
40
Examplesofthesewebsiteswereparstools.com,zar.ir,eranico.comandmazanex.com.
41
ThewebsiteoftheAssociationofIranianExchangesiskanoonsarafan.com.
42
Sitesannouncingtherateofgoldandforeignexchangehavebeenblocked,RadioFarda,accessedJune24,2013,
http://www.radiofarda.com/content/f4_iran_ban_exchange_rate_websites/24727416.html.
IRAN

access to domestically-hosted websites was interpreted by many as a sign of what may come after
the full implementation of the National Information Network.43
The online restrictions were not limited to political and economic content. Persian-language music
blogs, dating sites, digital security information, and movie download hubs were subjected to
increased filtering and content takedown orders. For instance, Travian, a popular online
roleplaying game available in Persian, was blocked despite having obtained a license from the
Ministry of Culture and Islamic Guidance. According to Fars News Agency, Travian was blocked in
order to support the development of domestic online game companies, to protect personal
information, and protect against the transfer of money out of the country.44 The founder of the
first domestically produced game, Asmandez, reacted to the incident saying that filtering is not a
solution to support national game production.45 Travian was unblocked on January 10, 2013, but
the company notified users that the website will be completely shut down on March 21, 2013. As
of December 2012, Travian had 150,000 users in Iran, of which 100,000 were active.46 The
Persian-language version of the site now redirects to the English version.
Aside from filtering, the regime also employs administrative measures to remove unwanted content
from the web. The 2009 Computer Crime Law (CCL) makes service providers, such as blogging
platforms, responsible for any content that appears on their sites. This has led to the suspension of
blogs or shuttering of news websites hosted on platforms inside Iran, under orders from
government officials. Website owners have been forced to register their sites with the Ministry of
Culture and have then received requests to remove particular posts deemed unacceptable by the
government. According to Alireza Shirazi, the founder and manager of Blogfa, such massive
censorship has damaged the Iranian blogosphere by discouraging users from blogging.47 Mehdi
Botourabi, the director of the popular blogging platform Persianblog, also stated that the censorship
of blogs has increased exponentially. According to him, new blocking requests were occurring at a
rate of six times more than in 2011.48 As with blocking, the targets of such censorship have
included websites and blogs associated with high-ranking officials.
In a change from previous practices, there were reports of incidents in which hosting companies
were ordered to directly remove content from websites without any notification to the website
owners. For instance, one post on the site Weblognews that criticized the internet censorship
method in Iran was deleted by the host company without notifying the site owners.49 Weblognews
is one of the prominent conservative websites that publishes news from around the Persian
blogosphere and the internet. Nonetheless, Iranian officials continue to insist that censorship in Iran
43
IranianInternetInfrastructureAndPolicyReport,January2013
http://smallmedia.org.uk/sites/default/files/reports/IIIP01.pdf.
44
Theonlinegame"Travian"hasbeenfiltered,Farsnews,accessedJune24,2013,
http://www.farsnews.com/newstext.php?nn=13911013000562.
45
Supportinglocalgamesdoesn'tmeanfiltering,ITNA,accessedJune24,2013,http://itna.ir/vdcdsn0x.yt0o96a22y.html.
46
WhyTravianhasbeenfilteredinIran?,BBCPersian,accessedJune24,2013,
http://www.bbc.co.uk/persian/science/2013/01/130104_na_travian_blocked_iran.shtml.
47
Ibid.
48
Persianblogmanager:comparedtolastyear,weblogfilteringhasincreased6times,Kalameh,accessedJune24,2013,
http://www.kaleme.com/1391/07/19/klm115654/.
49
Astrangeincident,Weblognews,accessedJune24,2013,http://weblognews.blog.ir/post/2.
IRAN

is done a lawful manner. According to the Director of the Internet Unit at the Center for Digital
Media at the Ministry of Culture and Islamic Guidance, unlike some countries like the U.S., where
internet monitoring is done in a dictatorial manner, in Iran, refining websites is based on laws with
orders from the Working Group to Determine Instances of Criminal Content online or by judiciary
officials, in a democratic and completely lawful manner.50
In an effort to show that content filtering is based on a legal framework, institutions to oversee
internet filtering have been created. The Committee in Charge of Determining Unauthorized
Websites is empowered to identify sites that carry forbidden content and report that information to
the TCI and other major ISPs for blocking. The committee is headed by the prosecutor general and
other members are representatives from 12 governmental bodies. The CLL also identifies the
violations that might result in a website being marked for filtering. These are defined very broadly
and range from insulting religious figures and government officials to distributing pornographic
content and the use of illegal circumvention tools.51
In practice, little information is available about the inner workings of the committee, and
censorship decisions are often arbitrary and nontransparent. According to the law, the committee
should meet biweekly to decide on any website bans, though the bulk of filtering decisions are
likely made upon discovery of objectionable content, or by a small technical team. In addition,
owners of websites registered with the Ministry of Culture have complained that they received no
explanation when their websites were filtered.52 The authorities claim there is a procedure for
disputing filtering decisions. However, the process is highly inefficient, and even conservative
bloggers have failed to have their webpages unblocked by lodging complaints.53 Moreover, the
dispute process requires the website owner to disclose his or her personal information and accept
responsibility for any misconduct in the future, a commitment that few are willing to make given
the risk of severe punishment.
Self-censorship is extensive, particularly on political matters. The widespread arrests and harsh
sentences meted out to reporters and activists after the 2009 elections, as well as perceptions of
pervasive surveillance, have increased fear among online journalists and bloggers. Many of them
either abandoned their online activities or use pseudonyms. The result has been a palpable drop in
the amount of original content being produced by users based inside the country.
In addition to filtering, censorship, and intimidation, the state counters critical content and online
organizing efforts by extending regime propaganda into the digital sphere. There are at least 400
news websites either directly or indirectly supported by the state. They seek to set the agenda by
providing pro-government commentary or publishing rumors. There have also been a large number
of government-backed initiatives to promote blogging among its supporters and members of the
50
FilteringinIranisfullydemocratic,Wimaxnews,accessedJune24,2013,
51
12memebersofCommitteeinChargeofDeterminingUnauthorizedSites,Weblognews,December16,2009,
http://weblognews.ir/1388/09/mediablog/5740/.
52
TheNewsstiesreporterwillbeinsured,HamshahriOnline,November1,2011,
http://www.hamshahrionline.ir/news150108.aspx.
53
OnfilteringofAhestan,Ahestan(blog),January15,2010,http://ahestan.wordpress.com/2010/01/15/ahestan.
IRAN

Basij paramilitary group. In July 2011, the head of the Basij said there were three million members
active online.54
Furthermore, the majority of independent content producers lack the financial resources to operate
in such a hostile environment. The online advertising market in Iran is exclusively limited to
apolitical and progovernment websites. Even businesses based outside Iran avoid political websites
to maintain trading relationships with the country. Although the United States adjusted its sanctions
against Iran to enable American internet companies to provide services to Iranian users, Google
Advertising does not recognize Persian as one of the languages in its system, disadvantaging Persian
content producers.55
The Iranian government has intensified its fight against the use of circumvention tools. The use of
virtual private networks (VPNs), which use a secure protocol to encrypt users' data and bypass
filtering in Iran, was particularly targeted in late 2012 and early 2013. Kamal Hadianfar, the head of
a specialized unit within the cyber police, claimed that between 20 to 30 percent of Iranian users
make use of VPNs.56 Mehdi Akhavan Behabadi, Secretary of the Supreme Council of Cyberspace,
announced the launch of legal, state-approved VPNs to replace illegal VPNs. Shortly after, on
March 8, 2013, all unauthorized VPNs were blocked inside Iran.57 There are also reports that the
use of other circumvention tools such as Tor, the popular anonymizer and anti-filter tool, was
hampered due to sophisticated disruption and blocking practices by the authorities.58 Many users
quickly shifted to other well-known circumvention tools, such as Psiphon, Freegate, and Kerio
VPN, and within a month Psiphon reported between 700,000 to 900,000 daily users in Iran.59
However, two months later, the authorities had severely limited access to these and all other tools,
leaving Iranian users with few options.60
Following the Chinese model of internet control, Iran is very keen to develop national versions of
popular online services as part of its National Information Network. Since Western-built tools such
as Gmail or Skype provide a degree of privacy or encryption, the government is instead diverting
funds to launch Iranian equivalents of major online services like e-mail, social networking sites, and
search engines that can be easily controlled for political purposes. In July 2012, Iran's ICT minister
Reza Taghipour indicated that Iran would use Chinas and South Korea's extensive experience in
54
Basijhavehadlargeandeffectivemeasuresincyberspace,FarsNews,October11,2011,
http://www.farsnews.com/newstext.php?nn=13900719001180.
55
JamalAbdi,ObamaNoroozpromiseagoodstep,moreneededtoensureU.S.notpartofElectronicCurtain,NIACInSight,
March21,2012,http://www.niacinsight.com/2012/03/21/obamapromisestoeaseinternetrestrictionsinnoroozmessage/.
56
Irantocrackdowninwebcensorbeatingsoftware,AFP,accessedJune24,2013,
https://www.google.com/hostednews/afp/article/ALeqM5jIFi
LdqBsdtrj7mRYnCMTlSGjCA?docId=CNG.f710ad6e0ee1dc52f64c985918d1bac1.741.
57
IranblocksVPNuseaheadofelections,accessedJune24,2013,http://www.wired.co.uk/news/archive/201303/11/iran
vpnblock.
58
IranianInternetinfrastructureandpolicyreport,SmallMedia,accessedJune24,2013,
http://smallmedia.org.uk/sites/default/files/reports/IIIP01.pdf.
59
CyberDialogueonIran,Shahrvand,March28,2013,http://www.shahrvand.com/archives/37590.
60
IRAN

order to develop a national search engine for use in Iran.61 The government also indicated plans to
launch a national Facebook-type service and e-mail systems. In December 2012, Iran launched its
own video-sharing website in a move by officials to create a state-run competitor to sites like
YouTube. The site, called Mehr.ir, is run by the government-controlled broadcaster, the Islamic
Republic of Iran Broadcasting (IRIB). The IRIB is looking to create new digital platforms as a means
of attracting new audiences and extending its broadcasting monopolyguaranteed by the
constitutioninto cyberspace. The IRIB is under the direct supervision of Irans Supreme Leader,
who appoints its director. In April 2013, the head of the Ministry of Information and
Communication Technology (ICT) stated Basir, referred to as the Islamic Google Earth, will
come online in the next few months. However, many of these initiatives have failed to attract large
numbers of users due to poor design. In addition, international sanctions on Iran over its nuclear
program have limited the governments ability to purchase the equipment required to run data
centers on the scale needed to host a national e-mail service, for example.62
Due to the limited nature of Irans online sphere, many people have shifted to posting on closed
social-networking platforms like Facebook, which is perceived to offer a safer environment for
expressing views among a limited audience of contacts, compared to publicly posting comments on
websites or keeping a blog. Social media is also used extensively by Iranian human rights activists to
document abuses and launch advocacy campaigns. For instance, users have mobilized on Facebook
and Twitter to demand the release of the jailed human rights lawyer Nasrin Soutodeh. Soutodehs
husband employs Facebook as a means of updating followers on her condition in prison, including
her 49-day hunger strike from October to December 2012.63 Sotoudeh, together with Iranian
filmmaker Jafar Panahi, is a recipient of the European Unions 2012 Sakharov Prize for Freedom of
Thought.64 The son and daughter of imprisoned blogger Dr. Mehdi Khazali also post updates and
prison letters on their respective Facebook pages, which are widely covered by Iranian blogs. An
online petition was organized to call for his release.65 Iranians also used social media to document
and promote environmental campaigns and to call for blood drives to assist the victims of several
devastating earthquakes.66
Nonetheless, some individuals associated with the regime have sought to discourage these practices.
The Iranian Cyber Police, in November 2011, warned users that exchanging information on foreign
social-networking sites could constitute a criminal act and lead to prosecution.67 Speaking from a
61
Iraniansearchengineintheworks:official,Payvand,accessedJune24,2013,
http://www.payvand.com/news/12/apr/1192.html.
62
Persianemailservice,ChaapaarwillbelaunchedinDecember,IRNA,September27,2011,
http://www.irna.ir/NewsShow.aspx?NID=30583255.
63
HadiNili,IranianLawyerNasrinSotoudehonHungerStrikeinPrison,GlobalVoices,November16,2012,
http://globalvoicesonline.org/2012/11/16/iranianlawyernasrinsotoudehonhungerstrikeinprison/.
64
ThomasErdbrink,HerDemandMet,ImprisonedIranianEndsHungerStrike,NewYorkTimes,December4,2012,
http://www.nytimes.com/2012/12/05/world/middleeast/nasrinsotoudehiranianrightsadvocateendshunger
strike.html?_r=0.
65
SeeImmediate&UnconditionalReleaseofMedhiKhazali,http://www.gopetition.com/petitions/immediateunconditional
releaseofmehdikhazali.html.
66
HoomanAskary,IransMostMemorableInternetMomentsin2012,GlobalVoices,December27,2012,
http://globalvoicesonline.org/2012/12/27/iransmostmemorableinternetmomentsin2012/.
67
Isbeingamemberofsocialnetworksacrime?JahanNews,November17,2011,
http://www.jahannews.com/vdcdkk0fxyt0no6.2a2y.html.
IRAN

religious perspective, in January 2012 an Iranian cleric declared Facebook to be un-Islamic and that
membership constituted a sin.68 Similarly, in April 2013, a prominent cyber police commander
referred to Facebook as the most disgusting spyware and the most dangerous warfare of the U.S.69
Despite these declarations, Supreme Leader Khamenei joined Facebook on December 13, 2012,
through an announcement on his Twitter page. As mentioned, both Facebook and Twitter are
blocked inside Iran, as they are considered tools of the soft war against Iran.70 Secretary of the SCC
Mehdi Akhavan Behabadi addressed the issue of Irans Supreme Leader joining Facebook by stating
that although membership in social networking websites is legal, using circumvention tools to
access these networks is illegal. He added that the government of Iran has no decision to remove
the filtering from social networking websites, such as Facebook.71 Despite the restrictions imposed
on Facebook and Twitter, both platforms were widely used by the Iranians to discuss electionrelated issues. In addition, all six presidential candidates had accounts on these platforms.72

Iranian internet users suffer from routine surveillance, harassment, and the threat of imprisonment
for their online activities, particularly those critical of the authorities and among the members of
ethnic and religious minorities. The constitution provides for limited freedom of opinion and
expression, but numerous, haphazardly-enforced laws restrict these rights in practice. The 2000
Press Law, for example, forbids the publication of ideas that are contrary to Islamic principles or
detrimental to public rights, none of which are clearly defined.73 The government and judiciary
regularly invoke this and other vaguely worded legislation to criminalize critical opinions. The 2009
Computer Crime Law (CCL) identifies punishments for spying, hacking, piracy, phishing, libel,
and publishing materials deemed to damage public morality or to be a dissemination of lies. 74
Punishments mandated in the CCL are severe. They include the death penalty for offenses against
public morality and chastity, as well as long prison sentences, draconian fines, and penalties for
service providers who fail to enforce government content restrictions. Numerous users were
arrested over the coverage period and, in the gravest violation of user rights, blogger Sattar
Beheshti was killed while in police custody.
Since June 2009, the authorities have cracked down on online activism through various forms of
judicial and extralegal intimidation. An increasing number of bloggers have been threatened,
68
AmruthaGayathri,MuslimClericSaysFacebookisUnIslamic,MembershipSin,InternationalBusinessTimes,January11,
2012,http://www.ibtimes.com/articles/280026/20120111/muslimclericfacebookunislamicmembershipsin.htm.
69
HadiNili,Iran:FacebookisthemostdisguistingUSspyware,GlobalVoices,April25,2013,
http://globalvoicesonline.org/2013/04/25/iranfacebookisthemostdisgustingusspyware/.
70
OfficialresponsestoAyatollahKhameneisFacebookpage:registrationisnotacrime,BBCPersian,accessedJune24,2013,
http://www.bbc.co.uk/persian/iran/2012/12/121225_l_khamenei_facebook_reax.shtml.
71
Changeintheorganisingnationalcyberdefense,Jamejam,accessedJune24,2013,
http://www.jamejamonline.ir/papertext.aspx?newsnum=100826926096.
72
http://www.rferl.org/content/iraninternetdisruptionselection/25028696.html
73
PressLaw,http://press.farhang.gov.ir/fa/rules/laws2.
74
IslamicRepublicofIran:ComputerCrimesLawArticle19,January30,2012,
www.article19.org/data/files/medialibrary/2921/120130FINALiranWEB[4].pdf.
IRAN

arrested, tortured, kept in solitary confinement, and denied medical care, while others have been
formally tried and convicted. Four individualsSaeed Malekpour (a web developer), Mehdi
Alizadeh Fakhrabad (web developer), Vahid Asghari (blogger and IT student), and Ahmad Reza
Hashempour (website designer)were sentenced to death between October 2011 and January
2012 under extremely questionable circumstances on charges relating to insulting religion or
conspiring with foreign enemies. Malekpour, for example, was prosecuted on charges of insulting
and desecrating Islam because a software program he had designed was used to upload
pornography, although it was done without his knowledge.75 Numerous bloggers remain in prison
and are currently serving prison terms of up to 20 years, including Hossein Ronaghi-Maleki76 and
Hossein Derakhsan, considered the father of the Iranian blogosphere.77
The most significant human rights violation that occurred during the coverage period was the death
of Sattar Beheshti, an Iranian blogger. Beheshti was arrested on October 30, 2012 by the Cyber
Police of Iran for criticizing the government in posts he made online. He was pronounced dead
after four days in custody. News of his death was first published on opposition websites close to the
Green Movement, and then spread to other media outlets. Despite initial difficulties in obtaining an
official confirmation of his death, it quickly became one of the top news headlines in the media and
across social networking sites and blogs. Combined with pressure from the international
community, the sustained attention across the Iranian media and political spectrum forced an
official investigation. The head of the Tehran Cyber Police was dismissed by the Commander of the
Islamic Republic Security Forces for "shortcomings in the supervision and handling of the case."78
Dr. Mehdi Khazali, a dissident blogger, ophthalmologist, and director of a publishing house, was
arrested on October 30, 2012 during a meeting of the writers association Saraye Ghalam (Pen
Society).79 Dr. Khazali has been arrested multiple times for fiercely criticizing President
Ahmadinejad.80 Ironically, he is also the son of Ayatollah Khazali, a leading conservative cleric,
though they have differing political views. After a 140-day hunger strike, he was finally released on
June 3, 2013.81 Kaveh Taheri, a blogger from Shiraz, Iran, was arrested on September 23, 2012 for
75
SaeedMalekpour,interviewedbyOliviaWard,SaeedMalekpour:ACanadianonIransdeathrow,TheStar,February18,
2012,http://www.thestar.com/news/world/article/1132483acanadianoniransdeathrow;AmnestyInternational,Iran
musthaltexecutionofwebprogrammer,January19,2012,http://www.amnesty.org/en/news/iranmusthaltexecutionweb
programmer20120119.
76
RonaghiMalekiisabloggerservinga15yearsentenceimposedinDecember2009forspreadingpropagandaagainstthe
regimeandinsultingtheSupremeLeader.
77
Deraksanlosthisappealagainsta19yearsentenceimposedonchargesofcooperatingwithhostilecountries,spreading
propagandaagainsttheregime,andinsultingIslamicthoughtandreligiousfigures.
78
Tehran'sCyberPoliceChiefFiredOverBlogger'sCase,December12,2012.
http://www.payvand.com/news/12/dec/1003.html?utm_source=Payvand.com+List&utm_campaign=867f41c0f8
RSS_EMAIL_CAMPAIGN&utm_medium=email
79
Dr.MehdiKhazaliHasBeenReArrestedAndHasLaunchedADryHungerStrike,Persianbanoo,October31,2012,
http://persianbanoo.wordpress.com/2012/10/31/drmehdikhazalihasbeenrearrestedandhaslaunchedadryhunger
strike/.
80
CyberDissidentDatabase:Dr.MehdiKhazali,CyberDissidents.org,accessedApril30,2013,
http://cyberdissidents.org/bin/dissidents.cgi?id=125&c=IR.
81
IranianPoliticalPrisonerMehdiKhazaliReleasedAfterWeight,HealthPlummet,PayvandIranNews,June4,2013,
http://www.payvand.com/news/13/jun/1024.html.
IRAN

acting against national security and disseminating online propaganda against the government. As of
March 2013, he remained in detention pending any formal trial.82
As previously mentioned, even conservative supporters of President Ahmadinejad faced abuse over
their online activities. For instance, Ahmad Shariat, who runs the conservative blog Nedaee az
Daroon, was arrested on July 22, 2012 after publishing a post critical of the Revolutionary Guards
and Irans judiciary system.83 The arrest was widely condemned in the Iranian blogosphere.84
Iranians outside of Iran were also intimidated for their online activities. Shahin Najafi, an Iranian rap
artist, faced heavy criticism for a song that he published online titled Naghi (the name of a Shia
Imam). Some have called the song blasphemous and a number of Grand Ayatollahs issued apostasy
sentences (fatwas) against him.85 The father of an Iranian student in the Netherlands was also
arrested for his sons satirical posts on Facebook. The authorities threatened the son that if he does
not return to Iran, his father will be executed.86 Finally, Iman Amiri, an internet security student at
Malmo University in Sweden, was arrested on January 21, 2013 upon returning to Iran. He is now
in detention at Evin Prison and was reportedly subject to torture to force a confession.87 Numerous
other dissidents who are active online were arrested in late 2012 and early 2013, although many of
their cases relate more strongly to their offline activities.88
There was a significant rise in the reports of individuals arrested for their activities on Facebook. In
October 2012, four internet users in Sirjan were arrested because of their supposed use of
antigovernment activities and the insulting of officials on Facebook. In an interview, Mehdi Bakhshi,
the attorney general of Sirjan, warned internet users to avoid any illegal online activities, such as
publishing photos of women not wearing hijab, otherwise there would be legal consequences
awaiting them.89 In the same month, the individuals behind a Facebook page that published photos
of Iranian girls were arrested for promoting vulgarity and corruption among Iranian youths.90
Irans Cyber Police warned well-known athletes and artists against publishing personal photos on
social networking websites. Ali Niknafs, the deputy supervisor of recognition and prevention at
82
Awebloggerisindetentionwithouttrialformorethanfivemonths,HumanRightsActivistsNewsAgency,March4,2013,
https://hranews.org/en/awebloggerisindetentionwithouttrialformorethanfivemonths.
83
TheeditorofNedaeeazDaroonwasarrested,accessedJune24,2013,
http://www.digarban.com/node/7984
84
FredPetrossian,Iran:ProAhmadinejadBloggerJailed,GlobalVoices,July31,2012,
http://globalvoicesonline.org/2012/07/31/iranproahmadinejadbloggerjailed/.
85
HarshreactionstoasongbyanIranianRapper,BBCPersian,May09,2012
http://www.bbc.co.uk/persian/rolling_news/2012/05/120509_u07_shahin_najafi_reaction.shtml.
86
Iranianseizesfatherforsonsfacebookpost,RNW,accessedJune24,2013,http://www.rnw.nl/english/article/iranseizes
fathersonsfacebookposts.
87
AnetworksecuritystudentwasarrestedafterhisarrivaltoIran,HumanRightsActivistsNewsAgency,March12,2013,
https://hranews.org/en/anetworksecuritystudentwasarrestedafterhisarrivaltoiran#more2482.
88
2013:NetizensImprisoned,ReportersWithoutBorders,accessedJune27,2013,http://en.rsf.org/pressfreedom
barometernetizensimprisoned.html?annee=2013.
89
FourpeoplearrestedinIranforinsultingauthoritiesinFacebook,BBCPersian,accessedJune24,2013,
http://www.bbc.co.uk/persian/iran/2012/10/121026_l39_facebook_iran_arrest.shtml.
90
FacebookbandTehranbabeshasbeendisintegrated,[translated]Momtaznews,accessedJune24,2013,see
http://bit.ly/15vXiTi.
IRAN

Cyber Police, stated that sharing personal photos through social media would increase the chances
of improper use of photos, harming the reputation of Iranian celebrities.91
In March 2012, the Communications Regulatory Authority issued Bill 106,92 which required the
registration of all IP addresses in use inside Iran. Implementing such registration will allow the
authorities to track users online activities even more thoroughly and is a fundamental part of
implementing the National Information Network through the restriction of anonymity online.
As of March 2012, customers of cybercafes must provide personal information (such as their name,
fathers name, national ID number, and telephone number) before using a computer. Cafe owners
are required to keep such information, as well as customers browsing history, for six months.
They are also required to install closed-circuit surveillance cameras and retain the video recordings
for six months.93 Mehdi Mir-Mohammadi, head of the IT-Union of Tehran commented that some
of the elements in the new regulations infringe on users privacy and expressed concern over the
fact that they could be taken advantage of and lead to new forms of cybercrimes. 94
In addition, the CCL obliges ISPs to record all the data exchanged by their users for a period of six
months, but it is not clear whether the security services have the technical ability to process all this
data. When purchasing a mobile phone subscription or prepaid SIM card, users must present
identification, facilitating the authorities ability to track down the authors and recipients of specific
messages.
Despite international legal restrictions placed on the selling of surveillance equipment to the Iranian
government, there have been numerous media reports that Chinese and some Western companies
have been providing the Iranian authorities with technology to monitor citizens digital activities.
Specifically, investigative reports by Reuters and the Wall Street Journal found that Huawei
Technologies95 and ZTE Corporation,96 both Chinese firms, were key providers of surveillance
technology to Irans government, allegations both companies have denied. According to an
uncovered PowerPoint presentation outlining the systems capabilities, Irans MobinNet ISP would
potentially have the capacity to utilize deep packet inspection (DPI) to conduct real-time
91
Thereisnocompensationforlostdignity,IRSport24,accessedJune24,2013,
http://www.irsport24.com/Default.aspx?PageName=News&Action=Subjects_Details&ID=15222.
92
Bill105,CommunicationRegulationAuthority,http://cra.ir/Portal/File/ShowFile.aspx?ID=f1a93935938c4d939eed
b47bc20685d4.
93
GolnazEsfandiari,IranAnnouncesNewRestrictionsForInternetCafes,Payvand,January5,2012,
http://www.payvand.com/news/12/jan/1048.html?utm_source=Payvand.com+List&utm_campaign=d6730c3065
RSS_EMAIL_CAMPAIGN&utm_medium=email.
94
Internetcafesarerequiredtoauthenticateusers,allthepagesviewedintheInternetcafesshouldberecorded,Asriran,
accessedJune24,2013,seehttp://bit.ly/1fIAhE5.
95
SteveStecklow,FarnazFassihi,andLorettaChao,ChineseTechGiantAidsIran,TheWallStreetJournal,October27,2011,
96
UANICallsonChineseTelecomGiantZTEtoWithdrawfromIran,MarketWatch,pressrelease,March26,2012,
http://www.telecomyou.com/newscenter/news/uanicallsonchinesetelecomgiantztetowithdrawfromiranmarketwatch
pressrelease.
IRAN

monitoring of communication traffic, block websites, track users, and reconstruct e-mail messages
as a means of monitoring citizens. 97
Filtering and physical intimidation are supplemented by hacking and distributed denial-of-service
(DDoS) attacks on the websites of government critics, including leading opposition figures.
Throughout 2012 and early 2013, there was a rise in the number of hacking incidents. Numerous
Facebook accounts of Iranians users who were deemed to be un-Islamic were hacked and defaced
with a statement from Irans judiciary saying, By judicial order, the owner of this page has been
placed under investigation. The friends of such users were also tagged in posts containing similar
messages. 98 Mana Neyestani, a well-known Iranian caricaturist, had his Facebook fan page hacked
by a group called Islams Soldiers. The hacking group added its logo and a number of caricatures
with pro-Assad, anti-Israel, and anti-Saudi Arabia themes to Neyestanis Fan page during the few
hours they had control. 99 It is not clear what role the Irans Cyber Police or other security forces
played in this incident.
Iran has significantly increased its hacking capabilities in recent years. According to Jeff Bardin, the
chief intelligence officer at the American open source intelligence company Treadstone 7, Iran has
become much more sophisticated and pervasive in its use of online tools. There have also been
several officially announced plans on recruiting and training hackers. The Deputy of IT and
Communications at Irans Civil Defense Organization announced that a Cyber Defense program of
study would be introduced to some universities in the country on the graduate level. He added,
Familiarizing managers and commanders with the concepts of cyber defense is one of the main
strategies of the Civil Defense Organization.100 In the first such plan by a tertiary institution in
Iran, the University of Lorestan announced that it will actively work to take down and hack into
national and international websites that display anti-Islamic content.101 Researchers at Amirkabir
University are currently developing a national network of cyber defense while a team at Shiraz
University is creating its own domestically-produced anti-virus software in support of a
government ban on foreign digital security software.102
According to Zone-H, a website dedicated to tracking hacking incidents, there were a total of
1,387 website defacements attributed to Iranian hackers during March 2013 alone, with a similar
number in February. The majority of these are attributed to the Ashiyane Digital Security Team,
which ranks as the second most active group in world, with defacements of thousands of websites
linked to foreign governments and high-level organizations.103 It is also noteworthy that the head of
97
Specialreport:HowforeignfirmstriedtosellspygeartoIran,Reuters,accessedJune24,2013,
http://www.reuters.com/article/2012/12/05/ushuaweiiranidUSBRE8B409820121205.
98
CombatingimmoralcrimesinFacebook,Fardanews,accessedJune24,2013,http://bit.ly/OQdomi.
99
Iran:SoldiersofIslamhackcatoonistsFacebookpage,Cyberwarzone,accessedJune24,2013,
http://cyberwarzone.com/iran%E2%80%9Csoldiersislam%E2%80%9Dhackcartoonistsfacebookpage.
100
Iraniangovtpaysparamilitaryhackers,bloggerstobringyouIslamicRevolution2,0,Arstechnica,accessedJune24,2013,
http://arstechnica.com/techpolicy/2012/06/iranexpandsonline/
101
NewmissionofLorestanUniversity:Hackingantiregimesitesinsideandoutsidethecountry,Daneshjoonews,accessed
June24,2013,http://www.daneshjoonews.com/node/7380.
102
MiddleEastandNorthAfricaCyberWatchMarch2013,CitizenLab,April2,2013,https://citizenlab.org/2013/04/middle
eastandnorthafricacyberwatchmarch2013/.
103
AshiyaneDigitalSecurityTeamReportonZoneH
IRAN

Ashiyane, Behrouz Kamalian, was sanctioned under the European Unions human rights sanctions
regime for being linked with the IRGC and responsible for cyber-crackdown both against domestic
opponents and reformists and foreign institutions. 104 In the weeks leading up to the presidential
elections, there was also a significant increase in targeted cyberattacks against high profile activists
and journalists traced back to Iranian servers.105
http://zoneh.org/archive/filter=1/notifier=Ashiyane%20Digital%20Security%20Team/page=3.
104
CounciloftheEuropeanUnion,CouncilRegulation(EU)No1002/2011of10October2011ImplementingArticle12(1)of
Regulation(EU)No359/2011ConcerningRestrictiveMeasuresDirectedAgainstCertainPersons,EntitiesandBodiesinViewof
theSituationinIran,TheOfficialJournaloftheEuropeanUnion,October10,2011,p.5.(http://eur
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:267:0001:0006:EN:PDF)Seemoreat:
http://www.defenddemocracy.org/behrouzkamalian#_ftn2.
105
IranianInternetInfrastructureAndPolicyReport,MarchApril2013http://smallmedia.org.uk/InfoFlowReportMARCH.pdf.
IRAN
ITALY
2012

Total (0-100)
2013
FREE FREE
4
7
12
23
5
6
12
23


Despite limited progress, Italy continued to lag behind most other countries of the
European Union in terms of internet penetration and average speed (see OBSTACLES
TO ACCESS).
Dozens of file-sharing and video-streaming websites were blocked over the past year
for illegally hosting copyrighted materials (see LIMITS ON CONTENT).
The Court of Cassation clarified that a 1948 law prohibiting clandestine press could
not be applied to blogs, easing fears that blogs could face blocking for failing to register
with the authorities (see LIMITS ON CONTENT).
Social media and blogging were critical in the nascent Five Star Movements success in
the February 2013 parliamentary elections, in which it received more votes than any
single party (see LIMITS ON CONTENT).
A Livorno court decided that an insulting Facebook post can be considered as
defamation by other means of publicity, since the social network allows for the broad
diffusion of posts. In the case, a user was found guilty of defaming her former
employer and ordered to pay a fine. The ruling may open the door for further
defamation cases related to Facebook posts (see VIOLATIONS OF USER RIGHTS).
ITALY

INTRODUCTION
Italys first computer network emerged in 1980, when a group of nuclear physicists connected all
of the countrys nuclear research institutes. At the beginning, the internet was just one of several
packet-switching networks that coexisted in Italy. The dominant telecommunications firm at the
time, Telecom Italia, tried to impose its privately owned system, while various center-left
governments, aware of the importance of interconnectivity, supported integration among the
networks. Ultimately, the adaptability and simplicity of the internet prevailed. Access to the
internet was available to private users after 1995, and the number of internet service providers
(ISPs) soared within a short period of time. Among the remaining obstacles to greater internet
penetration include a lack of familiarity with computers and with the English language, as well as
the dominance of commercial television and the diversion of consumers telecommunications
spending to mobile telephony.
High ownership concentration in the media sector continued to impact the countrys information
landscape in late 2012 and early 2013.1 Former prime minister Silvio Berlusconi still owns, directly
and indirectly, a private media conglomerate. After his Il Popolo della Libert (The People of
Freedom, PdL) party withdrew its support, the technocratic government of Mario Monti collapsed
in December 2012. While the PdL did not have sufficient political power to push through
controversial initiatives such as the wiretapping bill, it did manage to block any move that might
undermine Berlusconis position in the media market.2 When fresh election did arrive in February
2013, the use of social media and the web proved to be a major innovation, resulting in a strong
showing from the digitally-savvy Movimento 5 Stelle (Five Star Movement, M5S). The highlyfragmented outcome of the elections, in which no party was able to obtain an outright majority, is
unlikely to produce the stable environment required for new prime minister Enrico Letta to
address some of the outstanding legal issues regarding freedom of expression online.
Italys internet penetration rate lags behind many other European Union countries. Mobile
telephone usage is ubiquitous, however, and internet access via mobile phones has grown
significantly in recent years. Italian authorities do not generally engage in political censorship of
online speech, although authorities are highly active in blocking file-sharing and live-streaming sites
if they are shown to illegally provide access to copyrighted content. As in previous years, no
bloggers were imprisoned as of mid-2013, though a Facebook user was fined over a defamatory
post concerning her former employer. Defamation and libel are central issues in the country,
particularly when sensitive information obtained from government wiretaps is leaked to the public,
often at the expense of high-profile individuals. Furthermore, despite a number of judicial decisions
asserting that intermediaries cannot be prosecuted for content posted by users, existing laws are
1
Foranoverviewsee,forexample,theITU,Europe:LevelofCompetitionReportathttp://www.itu.int/ITU
D/icteye/Reporting/ShowReport.aspx?ReportFormat=PDF&ReportName=%2FTREG%2FLevelOfCompetition2007&RP_intRegionI
D=5&RP_intLanguageID=1&RP_intYear=2012&ShowReport=true,accessedFebruary08,2013.
2
Asanimportantpoliticalleader,andsupporteroftheMontigovernment(albeitquitereluctantly)SilvioBerlusconialso
retainedsignificantinfluenceovertheappointmentofstateregulators.Suchconditionsalsomadethecountrysleadership
resistanttoconfrontthepeculiarimperfectionsofItalyseditorialandbroadcastingsectors.
ITALY

applied in a contradictory manner and are often overturned at every appeal, resulting in extended
legal battles.
OBSTACLES TO ACCESS
Since the 1990s, the Italian government has supported the internet as a catalyst for economic
growth, increased tourism, reduced communication costs, and more efficient government
operations. According to the International Telecommunication Union (ITU), Italy had an internet
penetration rate of 58 percent at the end of 2012, an increase from 40.8 percent in 2007.3 While
Italys internet penetration rate is higher than the global average, it is below the norm for the
European Union (EU). The relatively low penetration rate is often attributed to unfamiliarity with
the internet among the older generations, as well as a lack of understanding about the internets
utility among certain segments of the population.
From March 2012 to March 2013, over 250,000 broadband subscription lines were added, sending
the total to 13.82 million. Average download speeds also increased, with almost 89 percent of
Italian subscribers achieving nominal speeds of 2 Mbps or more.4 Despite the progress, Italy has
fallen behind most EU countries in this area, and the countrys users access the internet at an
average speed of 4.4 Mbps; by comparison, the average speed in the Netherlands is 9.9 Mbps, in
the Czech Republic 9.6 Mbps, and in Portugal 5.3 Mbps.5
The main point of internet access is the home, with some 22 million people using home
connections at least once a month, as of early 2012.6 The workplace is the second most common
access point, followed by schools and universities. While less than half of Italys internet users are
female, women comprise 55 percent of new users. Cost is not a significant barrier to access. The
price for a broadband connection may range from 20 to 40 ($27 to $53) per month, compared to
average monthly per capita income of around $2,750.7
ADSL broadband connections are available on about 97 percent of Italys territory and plans were
outlined to bring it to 99 percent by the end of 2012 with the help of mobile broadband.8 Little
3
subscriptions,fixed(wired)broadbandsubscriptions,2011&2006,accessedJuly13,2012,http://www.itu.int/ITU
4
QuarterlyTelecommunicationsMarketsObservatory,AGCOM,March31,2013,
http://www.agcom.it/Default.aspx?message=visualizzadocument&DocID=11333.
5
Akamai,StateoftheInternet:1stQuarter,2013,Volume6,Number1,
http://www.akamai.com/dl/whitepapers/akamai_soti_q113.pdf?curl=/dl/whitepapers/akamai_soti_q113.pdf&solcheck=1&WT
.mc_id=soti_Q113&(subscriptionrequired).
6
GiancarloLivraghi,ed.,DatisullinternetinItalia[DataontheInternetinItaly],accessedFebruary15,2013,
http://www.gandalf.it/dati/dati3.htm.
7
BroadbandItaly,Socialtext,accessedFebruary19,2013,https://www.socialtext.net/broadband/index.cgi?italy;GDPper
capita(currentUS$)TheWorldBank,20082012,accessedAugust5,2013,
http://data.worldbank.org/indicator/NY.GDP.PCAP.CD.
8
DomesticMarket,TelecomItalia,March3,2012,http://www.telecomitalia.com/tit/en/aboutus/profile/domestic
market.html.Thegoalof99percentbytheendof2012appearsstillunfulfilledasofearly2013.Socialtextputsthefigurefor
ADSLat88percent(asofOctober2012).
ITALY

progress has been made on the five-year, 2.5 billion ($3.3 billion) plan to connect 15 of Italys
largest cities using fiber-optic cable, proposed in 2010 by Italys three largest telecommunications
operators. A similar investment plan for 9 billion ($11.8 billion) by Telecom Italia also faced
delays. These plans are now suspended given Italys precarious financial crisis.
Mobile phone use is much more widespread than internet access, with the penetration rate reaching
158 percent in 2012, which translates to 4.3 mobile subscribers for every fixed-line subscriber.9
The majority of subscriptions are prepaid. Telecom Italia Mobile (TIM), Vodafone, Wind, and 3
Italia are the major carriers, and all of them operate third-generation (3G) networks. Access to
mobile internet has been increasing in recent years, and as of 2011, some 59.4 percent of internet
users reported accessing the internet through their smart phones.10 As elsewhere, sales of tablet
computers have been on the rise among the younger generation since 2010 and are likely to keep
growing in the coming years.
In March 2012, the government launched the Digital Agenda initiative, intended to expand
broadband access and e-government functions.11 A project of the infrastructure and economic
development minister, several other ministries (economy, research and university, public health,
and so on) should be involved in this operation, which is supposed to profoundly transform Italys
public administration. The six strategic areas of the Digital Agenda include infrastructure and
cyber security, e-commerce, e-government, e-learning (e-books, digital policy literacy and eparticipation), research and innovation in ICT, and smart cities and communities. As recent as April
2013, Prime Minister Enrico Letta reiterated the need to pursue many of the Digital Agenda items
first proposed by his predecessor, Mario Monti.12
Access to the internet for private users is offered by 13 different ISPs. Telecom Italia has the largest
share of the market, followed by Vodafone, Fastweb, and Tiscali. Telecom Italia owns the physical
network, but it is required by European Union (EU) legislation to provide fair access to
competitors. Further, Telecom Italia has announced plans to divest its infrastructure holdings into a
separate subsidiary in a bid to increase profits and avoid legal repercussions associated with its
current monopoly holdings.13
The main regulatory body for telecommunications is the Authority for Communications Security
(AGCOM), an independent agency that is accountable to the parliament. Its responsibilities include
providing access to networks, protecting intellectual property rights, regulating advertisements,
and overseeing public broadcasting. The parliaments majority party appoints AGCOMs president,
9
InternationalTelecommunicationUnion(ITU),Mobilecellulartelephonesubscriptions,2012,accessedFebruary19,2013
10
ITU,MeasuringtheInformationSociety2011,p.154,http://www.itu.int/net/pressoffice/backgrounders/general/pdf/5.pdf.
11
Italiantextathttp://www.gazzettaufficiale.it/moduli/DL_181012_179.pdf.Seealsohttp://www.agenda
digitale.it/agenda_digitale/.
12
MaurodelVecchioAgendaDigitale,nuovacorsa,PuntoInformatico,April30,2013,http://punto
informatico.it/3780111/PI/News/agendadigitalenuovacorsa.aspx.
TelecomItalia:CDAapprovailprogettodisocietarizzazionedellaretediaccesso,[TelecomItalia:CDAapprovescorporate
reorganizationofthenetworkgrid,13TelecomItalia,May30,2013,
http://www.telecomitalia.com/tit/it/archivio/media/comunicatistampa/telecomitalia/corporate/economico
finanziario/2013/0530a.html
ITALY

and commissioners have been known to come under pressure from the government to take certain
actions regarding television broadcasts, particularly when Berlusconi was prime minister.14 Angelo
Marcello Cardani was appointed as AGCOM president in July 2012 and remains the current head
under Prime Minister Letta.15
Another important player in the field of communications is the Italian Data Protection Authority
(DPA). Set up in 1997, the DPA today has a staff of more than 100 people, and four of its main
members are elected by parliament for seven-year terms. The DPA is tasked with supervising
compliance by both governmental and nongovernmental entities with data protection laws, and
banning or blocking processing operations that are liable to cause serious harm to individuals.16 It
is generally viewed as professional and fair in carrying out its duties.
LIMITS ON CONTENT
In Italy, websites are principally blocked or taken down for offenses related to defamation or
copyright infringement. There are little restrictions on politically-orientated content, although the
vague legal environment does lead to a degree of self-censorship as ISPs and users seek to avoid
prosecution. Intermediaries and content providers often required to take down illegal content at
the request of executive bodies or judicial authorities. Facebook, Twitter, YouTube, and
international blog-hosting sites are freely available. Further, social media and blogging has been
employed by political groups to mobilize potential voters and even crowd-source party decisions.
Websites related to gambling, child pornography, and illegal file-sharing are blocked in Italy. Since
2006, online gambling has been permitted only through state-licensed websites; ISPs are required
to block access to a list of international or unlicensed gambling sites identified by the Autonomous
Administration of State Monopolies (AAMS), available on its website and updated regularly.17 A
similar list of illegal sites is maintained by the National Center for the Fight against Child
Pornography on the internet, established in 2006 within the Postal and Communications Police
Service. This list, which is forwarded onto ISPs for implementation, is formulated through internal
research as well as complaints submitted by users.18 The public availability of the child pornography
blacklist has drawn consternation from some child advocates, who have expressed concern that this
encourages visits to the sites by users with circumvention tools. Internet subscribers can also pay a
small fee to sign up for a voluntarily family internet package from ISPs, in which access to adult
pornography and sites with violent content is blocked.
14
MichaelDay,SilvioBerlusconicaughtouttryingtostiflemedia,TheIndependent,March18,2010,
http://www.independent.co.uk/news/world/europe/berlusconicaughtouttryingtostiflemedia1923147.html.
15
CardaniisaformerchiefofstaffofMarioMontiwhenthelatterwasEUAntiTrustcommissioner.Healsoworkedwithinthe
EUCommissionforawhile;http://www.agcom.it/Default.aspx?message=contenuto&DCId=184.
16
TheItalianDataProtectionAuthority:WhoWeAre,DataProtectionAuthority,November17,2009,
http://www.garanteprivacy.it/garante/doc.jsp?ID=1669109.
17
Theblacklistisavailable(inItalian)athttp://www.aams.gov.it/site.php?id=2484.
18
Centronazionaleperilcontrastoallapedopornografiasullarete[NationalCenterfortheFightagainstChildPornography
ontheInternet],StatePolice,March10,2010,http://www.poliziadistato.it/articolo/view/10232/.
ITALY

The website Avaxhome.ws was blocked on November 23, 2012, after a Milan court received a
complaint from Mondadori, a publishing company owned by the Berlusconi family.19 Among other
things, the site hosted links to several global newspapers and magazines available in PDF form.
Since the website profited from the hosting of copyrighted publications, Mondadori argued that it
could not enjoy the protection granted to ordinary news websites. Nevertheless, information on
how to circumvent the blocking was soon abundantly available on social media and elsewhere.20
Following an order from a court in Monza, near Milan, ISPs were also asked to block the web
forum downloadzoneforum.net, which hosted links to movies and other copyright protected
material.21 Both of these actions were made possible by a 1941 Law on Author Rights,22 explicitly
amended by the Berlusconi government in 2005 to include the web.23
In April 2013, the Postal and Communications Police of Rome blocked 27 websites that allowed
users to illegally download or stream music and movies online.24 Italys Guardia di Finanza (GdF,
Finance Guard) has continually targeted file-sharing websites for disseminating material that
infringes copyright.25 Several popular BitTorrent sites, such as The Pirate Bay and BTjunkie, remain
blocked. Access to Proxyitalia.com, a proxy often used to circumvent government censorship, is
also blocked since April 2011.
At the end of 2011, Italys Supreme Court overturned a lower courts verdict by declaring that
editors of online magazines were not responsible for defamatory comments posted by readers,
taking note of the difference between the printed and electronic press.26 Nevertheless, in the
ensuing years defamation cases have still been brought against online content providers and
intermediaries that have led to the removal or blocking of content (for more on Italys legal
environment, see Violations of User Rights).27 For example, in February 2010, three Google
executives were sentenced in absentia to imprisonment for allowing the circulation of an offensive
video on YouTube.28 However, since early 2011, other decisions have ultimately asserted that
19
IlMessaggeroAvaxhomesottosequestroperricettazione:sulsitogiornalipirata,November28,2012,
http://www.ilmessaggero.it/primopiano/cronaca/avaxhome_sequestrato_sito_edicola_digitale/notizie/234594.shtml.Theweb
siteisoriginallyfromRussia,andforthefirsttimethechargewasthatofreceivingofstolengoods(amoreseriousaction)in
additiontocopyrightviolation.
20
GiornalettismoAvaxhomechiuso:comeraggiungerlo,November282012,
http://www.giornalettismo.com/archives/629365/avaxhomechiusocomeraggiungerlo/.AsofFebruary2013,thewebsiteis
easilyaccessibile.
21
MauroVecchioItalia,DownloadZonealcimiterowarez,January31,2013,http://punto
informatico.it/3705271/PI/Brevi/italiadownloadzonealcimiterowarez.aspx.
22
Lawn.633ofApril22,1941,availableathttp://www.altalex.com/index.php?idnot=34610
23
Lawdecreen.7ofJanuary31,2005,availableathttp://www.altalex.com/index.php?idnot=5918.
24
Italianpoliceblocksaccessto27filesharingwebsites,Telecompaper,April24,2013,
http://www.telecompaper.com/news/italianpoliceblocksaccessto27filesharingwebsites939415.
25
Enigmax,ItalianCourtOrdersAllISPstoBlockKickAssTorrents,TorrentFreak,May24,2012,
http://torrentfreak.com/italiancourtordersallispstoblockkickasstorrents120524/.
26
ItalianSupremeCourt:webmagazinesarenottobeheldresponsibleforreaderscomments,Law&theInternet(blog),
December14,2011,http://www.blogstudiolegalefinocchiaro.com/wordpress/?p=279.
27
M.DelVecchio,Espressionedigitale,liberobavaglio,PuntoInformaticoJuly9,2013IlsenatoreTorrisi(PdL)http://punto
informatico.it/3845739/PI/News/espressionedigitaleliberobavaglio.aspx.
28
Thisisrelatedtoavideopostedbyauserthatshowedamentallydisabledchildbeingbulliedbyhisclassmates,although
Googleremovedthevideoassoonasitwasnotified.TheappealdecisionfortheViviDowncase,asitwasknown,was
expectedattheendofDecember2012,butasofearly2013,therehadbeennoupdate.SeeCristinaSciannambloCaso
ITALY

content hosts are not responsible for prescreening content. For example, in July 2011, a Rome
court specializing in intellectual property overturned a lower courts decision and found that Yahoo
was not liable to punishment for listing search results that allowed users to access websites that may
violate copyright.29 Similarly, in March 2013, the Courthouse of Milan ruled that phrases
stemming from Googles Autocomplete or Related Searches features could not be seen as
defamatory, since results were based on software calculations and did not represent the views of
the search engine company.30
In April 2012, the Supreme Court imposed an obligation on publishers to update their online
archives to ensure that outdated facts do not inadvertently damage an individuals reputation. The
case involved a story about the 1993 arrest of a politician on corruption charges in northern Italy.
Although the man was ultimately acquitted, news of his arrest continued to appear in search results.
Following the European Union (EU) principle of the right to oblivion (or the right to be
forgotten), the Supreme Court ordered the outlet to update the story to indicate the new facts.
However, it also found that there were no grounds for libel since the events recounted in the article
were true, even if they were incomplete or outdated.31
In a case from January 2013, a court in Milan ordered the blocking of 10 online platforms that
index links to the online streaming of sports events.32 In 2011, RTI, a subsidiary of the Berlusconiowned Mediaset media conglomerate, had sued Google for allowing users, via its blog-hosting
platform Blogger, to stream Italian soccer matches. In December of that year, a Rome court ruled
that web platforms were not in breach of the law so long as users removed streamed copyrighted
materials upon being notified.33 However, in the more recent case from 2013, the Milan court
ruled that, even if the soccer game itself was not protectable, distributers could seek copyright
protection over its broadcast.34
Vividown,aspettandolasentenzad'Appello,December7,2012,http://puntoinformatico.it/3666664/PI/News/casovividown
aspettandosentenzaappello.aspx.
29
GiulioCoraggio,Yahoo!LiableforSearchableContents!IPTItalyBlog,April3,2011,
http://blog.dlapiper.com/IPTitaly/entry/yahoo_liable_for_searchable_contents;PFAvsYahoo:ladecisionedelTribunaledi
RomariapreildibattitosullaresponsabilitdegliISPneicasidiviolazionedeldirittodautore[PFAvsYahoo:thedecisionofthe
CourtofRomereopensthedebateonISPliabilityincasesofviolationofcopyright],Key4biz,July142011,
http://www.key4biz.it/News/2011/07/14/Policy/About_Elly_yahoo_pfa_film_internet_service_provider_isp_diritto_d_autore_
204511.html.
30
MauroVecchio,Googlecompletasenzapensare,PuntoInformatico,March20,2013,http://punto
informatico.it/3754530/PI/News/googlecompletasenzapensare.aspx.
31
ItalianSupremeCourt:therighttoobliviontobeprotectedwithnewspaperarchiveupdates,Law&theInternet(blog),
April23,2012,http://www.blogstudiolegalefinocchiaro.com/wordpress/?p=360.Seealso,MorenaRagone,Ildirittoalla
memoria,traprivacyeoblio[Therighttomemory,includingprivacyandoblivion],LeggiOggi.it,April10,2012,
http://www.leggioggi.it/2012/04/10/ildirittoallamemoriatraprivacyeoblio/.
32
MauroVecchio,Mediaset,sequestroperlostreamingpallonaro[Mediaset,seizureforsoccerstreaming],January16,2013,
http://puntoinformatico.it/3691462/PI/News/mediasetsequestrostreamingpallonaro.aspx.
33
GuidoScorza,MediaseteGoogle:tracopyrightelibert[MediasetandGoogle:betweencopyrightandfreedom],Punto
Informatico,December16,2011,http://puntoinformatico.it/3368416/PI/Commenti/mediasetgooglecopyrightliberta.aspx;
http://www.telecompaper.com/news/googlenotresponsibleforstreamingfootballfrommediaset;CourtofRome:notto
precautionarycontrolsofonlinecontentbyintermediaries,Law&theInternet(blog),January17,2012,
http://www.blogstudiolegalefinocchiaro.com/wordpress/?tag=rti.
34
MauroVecchioMediaset,sequestroperlostreamingpallonaro,January16,2013,http://punto
informatico.it/3691462/PI/News/mediasetsequestrostreamingpallonaro.aspx.
ITALY

While intermediaries are not liable to prosecution for hosting content, they must remove illegal
content upon receiving notice from a judicial authority in line with provisions laid out in the EU ECommerce Directive.35 For example, Google received 27 requests in the period of July to
December 2012, two more with respect to the previous six-month reporting period.36 The vast
majority of all court orders involved material that was broadly interpreted as defamatory.
Decisions related to the blocking of illegal websites are made by the Postal and Communications
Police,37 which falls under the Ministry of Interior, and intervenes in areas of cyberterrorism,
copyright, hacking, protection of critical infrastructure, online banking, forensics, and online
gambling.38 Sites can also be shut down and their data seized by the Financial Police (GdF), a
division of the Ministry of Economy and Finance, which combats cybercrime, fraud, and a range of
other illegal activities.39 Beginning in December 2010, AGCOM has continually sought new powers
to conduct administrative filtering in a bid to combat online copyright infringement.40 Under the
proposal, the agency could block websites hosted outside of the country and remove content on
Italian servers through an internal five-day review without any degree of judicial oversight. The
move was criticized by the European Parliament and by internet freedom advocates.41 As of late
April 2013, AGCOM stated that it had still not yet taken a final decision on the matter, which has
been delayed several times.42
Even in the absence of legal requirements, ISPs tend to exercise some informal self-censorship,
declining to host content that may prove controversial or that could create friction with powerful
entities or individuals. Online writers also exercise caution to avoid libel suits by public officials,
whose litigationeven when unsuccessfuloften takes a significant financial toll on defendants in
the traditional media. The Italian government does not proactively manipulate news websites.
However, coverage in traditional media does affect what is published on news websites, giving the
outlets controlled by former Prime Minister Berlusconi an indirect influence over online reporting.
Some restrictions on internet content uncommon in other Western European countries remain in
place in Italy. Drawing on a 1948 law against the clandestine press, a regulation issued in 2001
holds that anyone providing a news service, including on the internet, must be a chartered
journalist within the Communication Workers Registry (ROC) and hold membership in the
35
MartineWubben,CourtofAppealRome:nomonitoringrequirementforhostingproviderYahoo,FutureofCopyright,July
16,2011,http://www.futureofcopyright.com/home/blogpost/2011/07/16/courtofappealromenomonitoringrequirement
forhostingprovideryahoo.html.
36
GoogleTransparencyReport,Italy,Google,accessedAugust6,2013,
http://www.google.com/transparencyreport/removals/government/IT/.
37
Poliziapostaleedellecomunicazioni,http://www.poliziadistato.it/articolo/23393/.
38
Attivitedorganizzazione,PoliziadiStato,accessedAugust7,2013,http://www.poliziadistato.it/articolo/view/23395/.
39
GuardiadiFinanza,http://www.gdf.it/GdF/it/Home/index.html.
40
Subject:InternetcensorshipinItalyviaadministrativeprocedure,EuropeanParliament,July13,2011,
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=//EP//TEXT+WQ+E2011006948+0+DOC+XML+V0//ENaccessed
February2,2013.
41
ItalianAgencytoReviewInternetFilteringProject,ReportersWithoutBorders,July7,2011,http://en.rsf.org/italyitalian
agencypoisedtoassume05072011,40595.html;InternetBlockingStoppedinItaly(forNow),DigitalCivilRightsinEurope,
July13,2011,http://www.edri.org/edrigram/number9.14/internetblockingagcomitaly.
42
Italianregulatorsaysstillnodecisionononlinecopyright,Telecompaper,April24,2013,
http://www.telecompaper.com/news/italianregulatorsaysstillnodecisionononlinecopyright939469.
ITALY

national journalists association.43 The law led to many users, including those conducting scholarly
research, to collaborate with registered journalists in order to protect themselves from legal action.
However, in a September 2012 ruling by the Court of Cassation, it was clarified that blogs cannot
be considered clandestine press.44 The decision came after an appeal from the Sicilian blogger Carlo
Ruta, who had been ordered to pay a fine of 150 ($200) for defamatory remarks made on his blog
accadeinsicilia.net back in 2008. In any case, these rules were not generally applied to bloggers
and, in practice, millions of blogs are published in Italy without repercussions.
Most policymakers, popular journalists, and figures in the entertainment industry have their own
blogs, as do many ordinary citizens. Social-networking sites, especially Facebook and Twitter, have
emerged as crucial tools for organizing protests and other mass gatherings, such as concerts,
parties, or political rallies. However, at times, some content on social-networking platforms has
been aggressive enough to potentially incite violence.45 Although blogging is very popular in Italy,
television remains by far the leading medium for obtaining news.
The widespread use of social media and the web in the February 2013 general elections represented
a major shift in political strategy. Online tools were central, not only as a communication medium,
but also as a measure of political allegiances through Facebook likes and Twitter hashtags related
to the many political players.46 Indeed, even Mario Monti seemed to utilize new media more
readily than Silvio Berlusconi, who preferred to rely on his traditional outlets to convey his political
message. Furthermore, the Five Star Movement (M5S), co-founded by comedian Beppe Grillo,
based its political campaign almost exclusively on the internet and declined to take part in political
talk shows or television interviews.47
After taking office, the Five Star Movement has used the web both to strengthen its political base as
well as to conduct surveys. For example, the party used blogs and social media to select its
candidate to run in Italys presidential elections,48 to vote on the expulsion of members who did not
conform to the movements rules and internal decisions, and to provide an outlet for statements by
Grillo who, due to M5S rules, cannot stand for public office due to past criminal convictions.49
43
LawNo.62,March7,2001,Nuovenormesulleditoriaesuiprodottieditoriali[NewRulesonPublishingandPublishing
Products],InterLex,accessedAugust21,2012,http://www.interlex.it/testi/l01_62.htm.
44
MauroVecchio,Cassazione:ilgiornaletelematicononstampa[SupremeCourt:theelectronicjournalisnotapress],
September17,2012,http://puntoinformatico.it/3606488/PI/News/cassazionegiornaletelematicononstampa.aspx.
45
Forexample,in2009,fanpagesforimprisonedMafiabossesemerged,asdidaFacebookgroupcalledLetsKillBerlusconi.
SeeEricSylvers,FacebooktoMonitorBerlusconiContent,TheNewYorkTimes,December15,2009,
http://www.nytimes.com/2009/12/16/technology/internet/16ihtface.html.
46
LucaAnnunziata,ChivinceleelezionisuInternet?,PuntoInformatico,February8,2013,http://punto
informatico.it/3713780/PI/News/chivinceelezioniinternet.aspx.
47
StephanFarisandMarinadiBibbona,ItalysBeppeGrillo:MeettheRogueComedianTurnedKingmaker,Time,March7,
2013,http://world.time.com/2013/03/07/italysbeppegrillomeettheroguecomedianturnedkingmaker/.
48
ThefirstcandidatewasMilenaGaibanelli,ajournalist,whodelcinedthenfollonebyStefanoRodot,formerleaderofthe
Privacyauthority.Intheendtheincumbentpresident,GiorgioNapolitano,wasreelected.
49
SeeGrillosblogathttp://www.beppegrillo.it/.Grillowascriticizedevenonhisblogfortheadvertisementsrevenuesfrom
hisblog.
ITALY

As a signatory to the European Convention on Human Rights, freedoms of speech and the press, as
well as the confidentiality of correspondence, are constitutionally guaranteed in Italy.50
Nonetheless, the courts often issue conflicting decisions when passing judgments on similar cases
related to internet freedom, particularly when related to intermediary liability. For this reason,
online freedom of expression advocates have focused their efforts on proposing legal amendments
to improve protections and prevent censorship rather than engaging in public interest litigation.51
Though criminal provisions are rarely applied, civil libel suits against journalists, including by public
officials and politicians, are a common occurrence, and the financial burden of lengthy legal
proceedings may have a chilling effect on journalists and their editors.
Defamation is a criminal offense in Italy, punishable by prison terms ranging from six months to
three years and a minimum fine of 516 ($670). In cases of libel through the press, television, or
other public means, there is no prescribed maximum fine.52 Public debate on libel was renewed
during the high profile case of Alessandro Sallusti, director of Il Giornale newspaper, which has
dragged on for years.53 Many observers have criticized the libel law that can still send a journalist to
prison. Worryingly, when the parliament took up proposals for a bill that was meant to
decriminalize libel for journalists, the final draft actually led to a worsening of penalties.54
Discussions were left unfinished after the fall of the Monti government. Nevertheless, the lack of
legal clarity continues to threaten freedom of expression for online journalists.
Furthermore, there are growing concerns over the enforcement of defamation law on Facebook.
For example, a young woman who posted negative and racist remarks about her former employer
on the social network was found guilty of libel and made to pay a fine of 1,000 ($1,330) by a court
in Livorno.55 In that case, citing Article 595 of the penal code, the court found that a Facebook post
could be interpreted as an other means of publicity. Given this, the judge ruled that a more
aggravated form of defamation had occurreddefamation by means of the pressand was able to
order the defendant to pay a higher sum than in a standard defamation case unrelated to the press.
50
AnEnglishcopyoftheconstitutionisavailableat,
http://www.senato.it/documenti/repository/istituzione/costituzione_inglese.pdf.SeeespeciallyArticles15and21.
51
AndreaMonti(lawyerspecializedonInternetfreedomandactivist),interviewwithauthor,February20,2012.
52
OrganizationforSecurityandCooperationinEurope(OSCE)RepresentativeonFreedomoftheMedia,LibelandInsultLaws:
AMatrixonWhereWeStandandWhatWeWouldLiketoAchieve(Vienna:OSCE,2005),79,http://www.osce.org/fom/41958.
53
Sallustiwasfoundguiltyoflibeloverananonymousopedthathadappearedin2007inthenewspaperLibero,ofwhichhe
wasdirectoratthetime.Followinganumberoflegalmishapsintheappeal,hewasgivenaprisonsentenceofmorethanone
yearduetotheItalianlawonlibel.Thesentencewaslaterconfirmedbyahighercourtuntil,in2012,thesentencewas
convertedintoahousearrest.FormoreinformationinItalian,pleaseseehttp://www.ilgiornale.it/speciali/casosallusti.html.
54
OrdinedeiGiornalistiDiffamazioneamezzostampa,December7,2012,http://www.odg.it/content/diffamazionemezzo
stampaandFrancescoMaitoniDdlSalvaSallusti,ilcolpodicodadellademocraziadiplastica,LeggiOggi.it,
http://www.leggioggi.it/2012/10/25/leggebavaglioilcolpodicodadellademocraziadiplastica/
55
AdrianaApicella,Diffamazioneamezzostampa,reatoanchesuFacebook[Defamationbymediumofthepress,alsoon
Facebook?],Justicetv.it,January17,2013,
,
http://www.justicetv.it/index.php/news/2992diffamazioneamezzostampaereatoanchesufacebookandalso,Mauro
Vecchio,Diffamazione,stampaesocialparisono?[Defamation,arepressandsocialequal?],PuntoInformatico,January15,
2013,http://puntoinformatico.it/3690966/PI/News/diffamazionestampasocialparisono.aspx.
ITALY

The ruling could open the door to similar judgments, in which victims of defamation over social
networks could seek high amounts of compensation.
The monitoring of personal communications is permissible only if a judicial warrant has been
issued, and widespread technical surveillance is not a concern in Italy. Nevertheless, the countrys
authorities are known for engaging in extensive wiretapping.56 According to 2006 figures from the
Max Planck Institute, a German think-tank, Italy led the world in terms of wiretaps, with 76
intercepts per 100,000 people.57 Data from 2010 shows that the authorities bug the communication
lines of roughly one in every 470 adults.58 Wiretapping is generally restricted to cases involving
ongoing legal proceedings and terrorism investigations. Since 2001, pre-emptive wiretapping may
occur even if no formal prosecutorial investigation has been initiated. More lenient procedures are
also in place for Mafia-related investigations.59
The past year witnessed the failure of a draft wiretap bill (DDL intercettazioni) that aimed to
address concerns over the right to privacy, particularly as information obtained from wiretaps is
regularly leaked to the media. The bill, promoted by Berlusconis PdL over the past few years, has
been criticized by the Organization for Security and Co-operation in Europe Representative on
Freedom of the Media and the United Nations Special Rapporteur on Freedom of Expression.60
Indeed, several provisions appeared to threaten media freedom and the right of the public to access
independent information. These included high fines and jail sentences for filming an individual
without permission and obligations for websites and blogs to issue corrections within 48 hours of
receiving notice of an alleged error.61 The bill was subsequently put on hold in late 2010 but
revived in October 2011 after incriminating and embarrassing wiretaps of Berlusconis
conversations related to a sex scandal were published in newspaper and online.62 Although not a
priority for the Monti government, the issue of wiretapping remains on the agenda of current
Prime Minister Enrico Letta due to continued pressure from Berlusconis PdL.63
56
SeeforexampleCristinaBassi,Intercettazioni,quantesonoequantocostano[Interceptions,HowManyandHowMuch
TheyCost],SkyTG24,June13,2010,
http://tg24.sky.it/tg24/cronaca/2010/06/12/intercettazioni_quante_sono_e_quanto_costano.html.
57
DuncanKennedy,Italianbilltolimitwiretapsdrawsfire,BBC,June11,2010,http://www.bbc.co.uk/news/10279312and
Intercettazioni:datiufficiali[Interceptions:officialdata],IlChiodo(blog),June19,2010,
http://ilchiodo.blogspot.it/2010/06/intercettazionidatiufficiali.html.
58
DougLonghini,Wellbelistening:AmandaKnoxcaserevealsextentofItalianwiretapping,CBSNews,November23,2011,
http://www.cbsnews.com/8301504083_16257329774504083/wellbelisteningamandaknoxcaserevealsextentofitalian
wiretapping/.
59
PrivacyInternational,Italy:PrivacyProfile,inEuropeanPrivacyandHumanRights2010(London:PrivacyInternational,
2010),https://www.privacyinternational.org/article/italyprivacyprofile.
60
OSCEmediafreedomrepresentativeurgesItalytoamendbillonelectronicsurveillance,OSCERepresentativeonFreedom
oftheMedia,June15,2010,http://www.osce.org/fom/69428.
61
NadinedeNinno,ItalianWikipediaShutsDownPromptedbyNewWiretapAct,InternationalBusinessTimes,October4,
2011,http://www.ibtimes.com/italianwikipediashutsdownpromptednewwiretapact321225
62
TomKington,BerlusconiwiretapsrevealsuspectedpimphadvisatojoinhiminChina,TheGuardian,September18,2011,
http://www.guardian.co.uk/world/2011/sep/18/berlusconipimpchinavisawiretaps;JefferyKofman,SilvioBerlusconi
Wiretaps:OnlyPrimeMinisterinHisSpareTime,ABCNews,September18,2011,
http://abcnews.go.com/International/silvioberlusconiwiretapsprimeministersparetime/story?id=14546921;JohnHooper,
SilvioBerlusconifacesfreshclaimsoverparties,prostitutesandpayouts,TheGuardian,September15,2011,
http://www.guardian.co.uk/world/2011/sep/15/silvioberlusconiclaimsprostituteswiretap.
63
Intercettazioni,ritornailddlAlfano:polemica[Interceptions,theAlfanodraftlawreturns],Tgcom24,May15,2013,
http://www.tgcom24.mediaset.it/politica/articoli/1095305/intercettazioniritornailddlalfanoepolemica.shtml.
ITALY
In March 2008, Parliament approved a law (No. 48 of 2008) that ratified the Council of Europes
Convention on Cybercrime, which established the period in which internet-related communication
data should be retained.64 This matter was further refined with the inclusion in the Italian legislative
system of the 2006 EU Data Retention Directive two months later.65 Under the current legal
framework, ISPs must keep users traffic recordsthough not the content of communications
for 12 months. This includes broadband internet data, internet telephony, internet use via mobile
phone, and e-mail activity.66 The records can only be disclosed in response to a request from a
public prosecutor (a judge) or a defendants lawyer, and, like their counterparts elsewhere in
Europe, Italys law enforcement agencies may ask ISPs to make such information readily available in
the course of criminal investigations. Given the technical burden of this directive, most ISPs now
use a third-party service that offers the necessary security guarantees for encryption and data
storage.
As Italy moves towards greater e-governance, some concerns have been raised over the protection
of user data in the hands of public agencies. Certified Electronic Mail (PEC), an initiative of the
national postal service Poste Italiane, was named the public agency most damaging to individual
privacy at the annual Big Brother Awards 2011. The shaming prize was given to PEC for its
gross mishandling of private information kept by the governments Registro delle Opposizioni, a
register of people who wish to keep their contact information hidden from advertisement
companies.67 Nevertheless, in November 2011, it became mandatory for all businesses to use the
PEC service in their communications with the public administration to cut costs and reduce
paperwork.68
Reports of extrajudicial intimidation or physical violence in response to online activity are rare,
although individuals who expose the activities of organized crime may be at risk of reprisals in
certain areas of the country. According to intelligence reports, there are increasing fears that the
countrys economic crisis may push extremist groups to adopt cybercrimes as a form of protest or
terrorism.69 A special branch within the Postal and Communications Police, the National Center
for Infrastructure Protection (CNAIPIC), is tasked with the protection of the countrys critical
infrastructure.70 More common is the defacement or launching of denial-of-service (DoS) attacks
against banks, business websites, and government institutions. In October 2012, Italian members of
64
Forausefultimetableoftherequiredretentionperiods,seeGloriaMarcoccio,Conventiononcybercrime:novitperla
conservazionedeidati[ConventiononCybercrime:NewsonDataRetention],InterLex,April10,2008,
http://www.interlex.it/675/marcoccio7.htm.SeealsoAndreaMonti,DataRetentioninItaly.TheStateoftheArt,Digital
Thought(blog),May30,2008,http://blog.andreamonti.eu/?p=74.
65
LegislativeDecreeNo.109,May30,2008.
66
PrivacyInternational,Italy:PrivacyProfile.
67
CristinaSciannambloBigBrotherAwardsItalia:tuttiivincitori,PuntoInformatico,June6,2011,http://punto
informatico.it/3182022/PI/News/bigbrotherawardsitaliatuttivincitori.aspx.
68
UlterioreDerogafinoafinegiugno2012perlacasellaPECaziendale,IlSoftware.it,accessedJuly24,2012,http://www.i
node.it/2012/05/ulteriorederogafinofinegiugno2012lacasellapecaziendale/.
69
IlCorrieredellasera,Servizi:crisialimentatensionesociale,February28,2013,
http://www.corriere.it/cronache/13_febbraio_28/crisiterrorismorapportoservizi_4d7f35e8817811e2aa9e
df4f9e5f1fe2.shtml.
70
Criticalinfrastructureincludestelecommunicationsnetworks,energyandwaterdistributionsystems,bankingnetworks,and
transportationandemergencyservices.
ITALY

the hacktivist group Anonymous leaked 1.35 GB of data it had received in an attack on the Italian
State Police. The information included details of existing wiretaps, interception techniques, and
personal information on police officers.71 In February 2013, the websites of the police of the
Campania region, the Courthouse of Milan, and the Department of Penitentiary Administration
were hacked. The homepages of those sites were replaced with an image of the Anonymous
emblem and a declaration of a digital revolution of young Italians against government
delinquents. 72 Nevertheless, Italy does not rank highly on the list of countries identified as points
of origin for cybercrimes.73
71
MohitKumar,AnonymousHakcersleaks1.35GBItalianStatePoliceData,TheHackerNews,October25,2012,
http://thehackernews.com/2012/10/anonymoushackersleaks135gbitalian.html.
72
Glihackercolpisconoancora:attaccatositodellapoliziacampanaCorrieredellaSera,February17,2013,
http://www.corriere.it/cronache/13_febbraio_17/poliziahackeranonymous_1727d948790b11e2a28ba2fa92ae99be.shtml.
73
Italyleaderinmobileattacks,GlobalCyberSecurityCenter(blog),accessedAugust21,2012,
http://www.gcsec.org/blog/italyleadermobileattacks.Itshouldbenoted,nonetheless,thattheGlobalCyberSecurityCenter
hasbeenestablishedbyPosteItaliane.Asactivestakeholderintheareaofcybersecurity,theagencymayhaveavested
interestinpresentingapictureofItalyscybersecuritythatisnotreassuringbystressingweaknessesratherstrengthsofthe
Italianinformationinfrastructuresystem.See,C.Giustozzi,Italiapatriadelmalware?PuntoInformatico,May12,2012
http://puntoinformatico.it/3513450/PI/Commenti/italiapatriadelmalware.aspx.TheSymantecThreatreport2011shows
Italyashighlyinfectedonlyasfarasbotsareconcerned,
http://www.symantec.com/content/en/us/enterprise/other_resources/bistr_main_report_2011_21239364.enus.pdf
(publishedApril2012),andtheindependentreportbyHostExploitshowsItalyscoringwellonabadnessscale(Germanyand
theNetherlands,forexamplegetaworsescore),http://hostexploit.com/downloads/viewdownload/7publicreports/39global
securityreportapril2012.html).Theseresultsarealsographicallyvisibleinhere:http://globalsecuritymap.com/#nl.
ITALY
JAPAN
2012
2013
N/A
FREE

n/a
n/a
n/a
n/a
4
7
11
22
Total (0-100)


Political speech was constrained online for 12 days before the December 2012 election
under a law banning parties from campaigning online (see LIMITS ON CONTENT).
In April 2013, the legislature overturned that law, but kept restrictions on campaign
emails (see VIOLATIONS OF USER RIGHTS).
2012 amendments to the Copyright Law criminalized intentionally downloading pirated
content, though lawyers called for civil penalties (see VIOLATIONS OF USER RIGHTS).
Anti-Korean and anti-Chinese hate speech proliferated online amid real-world territorial
disputes (see VIOLATIONS OF USER RIGHTS).
A constitutional revision promoted by the newly-elected LDP party threatens to erode
freedoms and rights that violate public order (see VIOLATIONS OF USER RIGHTS).
JAPAN

INTRODUCTION
Internet and digital media freedom are generally well established in Japan, where the constitution
protects all forms of speech and prohibits censorship. Given this broad lack of restrictions,
however, some legislation disproportionately penalizes specific online activities.
Businesses started to recognize the potential of the internet after 1996, when major companies such
as Nippon Telegraph and Telephone Corporation (NTT) and Fujitsu offered ISP services. In the
early 2000s, providers introduced high-speed broadband. The worlds first large-scale mobile
internet service, iMode, was pioneered in 1999 by the nations largest mobile carrier, NTT
DoCoMo. Today, the internet is a major part of social infrastructure with 79 percent penetration.
Japans internet industry is characterized by voluntary self-regulation. The government, especially
the Ministry of Internal Affairs and Communications, maintains a hands-off approach when it comes
to online content. Law enforcement agencies tend to push for stronger official regulation, and
sometimes make arrests based on online activity. Police made a misguided attempt to reign in the
chaotic discussion site 2channel in 2012, briefly charging its founder with abetting a drug dealer
who had posted a message, but later backed off. Four others, including a student, were detained for
several days in July 2012 when police believed them responsible for terror threats sent after
malware commandeered their computers.
Japans lawmakers also struggle to balance freedom with protection online, with mixed success. A
revised copyright law in effect since October 2012 criminalized the deliberate download of a single
pirated file; an offence now punishable with jail time. The law already threatens uploaders with up
to 10 years in jailmaking the commercial distribution of illegally copied entertainment in Japan
subject to heavier sentences than the commercial distribution of child pornography.1
Other developments were more positive, particularly a change to restrictions on political speech on
the internet that took place in April 2013. In December 2012, politicians stopped using the web for
12 days prior to the general election, which brought the conservative Liberal Democratic Party to
power, following an outdated law against online campaigning. Four months after the social-media
savvy Shinzo Abe assumed office as prime minister on December 26, the ban was reversed, though
confusing limits remain on campaign emails and advertising.2
Troublingly, Abes social networking expertise shows signs of turning manipulative, and his
rhetoric against neighboring South Korea and China is echoed in increasingly xenophobic online
discourse, which in turn fuels right-wing demonstrations. At the same time, the LDP is seeking to
change the very core of Japans free speech protections by revising the constitution so that rights
1
Downloadingandviewingchildpornographyforpersonal,noncommercialuseislegal.Adraftlawcriminalizingpossessionof
childpornographyhasbeeninthepipelinesince2009yetmostoppositionpartiesdonotsupportthecurrentlanguage.
2
AyakoMie,ElectionCampaigningTakestoNet:NewlawOpensWebtoCandidates,VotersAheadofUpperHousePoll,
JapanTimes,April11,2013,http://www.japantimes.co.jp/news/2013/04/11/national/electioncampaigningtakesto
net/#.UY8XXqIqzFE.
JAPAN

shall not violate public interesta disturbing change of emphasis. A national referendum must
still approve constitutional revisions. So far, however, Abes nationalism has attracted some
popular support, to the possible detriment of the online space.
OBSTACLES TO ACCESS
In general, Japanese people experience few obstacles to internet access, with penetration at 79
percent in 2012.3 In late 2011, official figures measured household penetration at 86 percent, and
99 percent for businesses with over 100 employees.4
Among individuals, figures show that 79 percent used a home computer to access the internet.
Another 66 percent used mobile phones, and another 20 percent used smartphones. Game
consoles, tablets, and internet-capable TV amounted to less than 10 percent of usage each. Few still
use dial-up connections in Japan, since 60 percent have fiber-to-the-home broadband, according to
2013 government figures. 5 Access is high quality with competitive speeds. In April 2013, So-net,
an ISP backed by Sony, said it was launching the worlds fastest internet service for home use in
Japan.6
The average cost of internet access is around 5,000 yen ($50) per month,7 though many providers
bundle digital media subscriptions, Voice over IP (VoIP) and e-mail addresses, pushing expenses
higher. While this remains within reach of most, declining average incomes make staying connected
increasingly costly, especially for the younger generation.8
NTT, formerly a state monopoly, was privatized in 1985 and reorganized in 1999 under a law
promoting functional separation between the companys mobile, fixed-line, and internet services.9
Asymmetric regulation, which creates stricter rules for carriers with higher market share, helped
diversify the industry, though critics say the expense of switching providersand the
inconvenience of losing an email address and other servicesties customers to the dominant
players and creates a barrier for new entrants.10 While the telecommunications market looks open,
3
4
MinistryofInternalAffairsandCommunications,CommunicationServiceUseTrend,2011[inJapanese],
http://www.soumu.go.jp/johotsusintokei/statistics/statistics05.html.
5
MinistryofInternalAffairsandCommunications,BroadbandSubscriptionTrend,2013[inJapanese],
http://www.soumu.go.jp/johotsusintokei/field/data/gt010103.xls.
6
JayAlabaster,SonyISPLaunchesWorld'sFastestHomeInternet,2Gbps,PCWorld,April15,2013,
http://www.pcworld.com/article/2034643/sonyisplaunchesworldsfastesthomeinternet2gbps.html.
7
InformalFreedomHousesurveyofproviderscosts,2013.
8
Theaveragemonthlyincomeforworkinghouseholdsin2010was700yen(US$7)lessthanitwasin1990.See,Ministryof
InternalAffairsandCommunications,AverageMonthlyIncomeandExpenditureperHousehold(Workers)19552010,
StatisticsBureau,http://www.stat.go.jp/data/chouki/zuhyou/2006.xls.
9
LawConcerningNipponTelegraphandTelephoneCorporation,Etc.,1984,amended2005,availableontheMinistryof
InternalAffairsandCommunicationswebsite,
http://www.soumu.go.jp/main_sosiki/joho_tsusin/eng/Resources/laws/NTTLaw.htm.
10
ToshiyaJitsuzumi,AnAnalysisofPrerequisitesforJapansApproachtoNetworkNeutrality,papersubmittedtothe
ProceedingsoftheTelecommunincationsPolicyResearchConference2012,http://bit.ly/1dPQDcb.
JAPAN

therefore, with hundreds of providers offering FTTH, DSL, CATV, FWA, and BWA services, the
NTT group remains dominant in practice.11No major foreign operators have successfully
penetrated the telecommunications market, with the exception of smartphone devices
manufactured by Apple and Samsung, though many invest in, or partner with local providers.
Mobile penetration reached 109 percent in 2012.12 Almost every mobile phone uses packet-based
Internet services which helped mobile internet use became popular in Japan even before the
introduction of the smartphones, though increasing smartphone use has made the market more
competitive. The three major carriers are KDDI Au, NTT DoCoMo and Softbank. According to
data published in 2013, the average household in Japan spends around 6,714 yen ($67) for mobile
service. 13
The vulnerability of Japans communication network became apparent in March 2011, when an
earthquake and tsunami hit Japans east coast and caused a nuclear disaster. Infrastructure was
severely damaged, leaving many people without service for periods from a few days to one month,
and restricting relief efforts. Mobile phone usage dropped by almost half in the affected areas.14
Network congestion and server outagesthe result of increasing smartphone traffic due in part to
many applications sending automatic signals every minutealso frequently affect mobile use.
KDDI, one of three major mobile carriers, reported large scale disruptions in December 2012, and
January and April 2013. NTT DoCoMo also dealt with four interruptions in July and August in
2012 alone.
There is no independent regulatory commission in Japan, though observers believe that the industry
has generally improved in the past twelve years under the Ministry of Internal Affairs and
Communications (MIC), which regulates the telecommunications, internet, and broadcast
sectors.15 Non-governmental, non-profit organizations supported by the relevant companies in the
sector have been formed to self-regulate the industry. These include the television Broadcasting
Ethics & Program Improvement Organization, the Content Evaluation and Monitoring Association
for mobile platforms, and the Internet Content Safety Association, which manages blocking of child
pornography online.16
11
MinoruSugaya,RegulationandCompetitionintheJPBroadbandMarket,presentation,PacificTelecommunications
Council,January15,2012,http://bit.ly/16U0HvB.
12
13
MinistryofInternalAffairsandCommunications,WhitePaperInformationandCommunicationsinJapan2012[in
Japanese],http://www.soumu.go.jp/johotsusintokei/whitepaper/ja/h24/html/nc245340.html.
14
IzumiAizu,TheRoleofICTsDuringtheDisaster,GlobalInformationSocietyWatchReport(AssociationforProgressive
Communications:2011)http://www.ispp.jp/isppwp/wpcontent/uploads/2011/09/EarthquakeICT0825.pdf.
15
Before2001,regulationwasmanagedbythenowdefunctMinistryofPostandTelecommunications,andbeforethat,the
Diet.
16
BroadcastingEthics&ProgramImprovementOrganization,AboutBPO,http://www.bpo.gr.jp/?page_id=1092;Content
EvaluationandMonitoringAssociation,AboutEMA,http://www.ema.or.jp/en/index.html;InternetContentSafety
Association,AbouttheOrganization,http://www.netsafety.or.jp/.
JAPAN

LIMITS ON CONTENT
Restrictions that undermined internet freedom for 12 days before December 2012 election were
lifted the following April. Abe and his supporters were particularly active on digital platforms.
Unfortunately, nationalistic discourse lead to vitriolic hate speech directed at South Korean and
Chinese communities in some internet forums. The 2011 earthquake continued to cast a long
shadow online, as internet journalists not affiliated with traditional media outlets struggled to gain
recognition allowing them to cover the aftermath of the nuclear disaster and related protests.
No direct political censorship has been documented in Japan. However, political speech was
constrained online in the days preceding the December 2012 election under a law banning parties
from using the internet in the run-up to polling. Although the law dated from 1950, it was used to
stop politicians from blogging and tweeting during designated campaign periods.17 In 2012, many
retroactively deleted content posted before the campaign formally commenced on December 3rd.18
Occasional violations led to a warning from the MIC, but no penalties or administrative deletions
were reported as a result of the ban, and other candidates flouted or creatively avoided it without
repercussions.19 In April 2013, the restriction was lifted across digital platformsthough some
limits on email and advertising remainin part because Prime Minister Abe has hundreds of
thousands of followers on Facebook, Twitter and local network LINE.20 Conservative politicians
had previously resisted such a revision in the past for fear it would empower their opponents.
ISPs voluntarily filter child pornography, and many offer parents the option to filter other immoral
content to protect young internet users.21 Depictions of genitalia are pixelated to obscure them for
internet users based on a commonthough poorly-articulatedinterpretation of article 175 of the
penal code, which governs obscenity.22 Otherwise, individuals or police instruct ISPs to
administratively delete contested or illegal content. A police Internet Hotline Center which
cooperates with ISPs to solicit reports of illegal or harmful content from the public said it received
196,474 calls in 2012. Among them, 20 percent involved illegal content and 75 percent involved
obscene material.23 Providers are not obliged to comply but most cooperate. A few, like 2channel,
notoriously refuse.
17
Lowerhousecampaignslast12days;upperhousecampaignslast17.See,AyakoMie,ElectionCampaigningTakestoNet:
NewLawOpensWebtoCandidates,VotersAheadofUpperHousePoll,JapanTimes,April11,2013,
http://www.japantimes.co.jp/news/2013/04/11/national/electioncampaigningtakestonet/#.UY8XXqIqzFE
18
AlexanderMartinandYoreeKoh,BeforeJapanVotes,Mum'stheWord,Twitterwise,WallStreetJournal,December13,
2012,http://online.wsj.com/article/SB10001424127887323981504578177040874830524.html.
19
ConservativesDominateJapanSocialMediaAheadofPoll,Reuters,December5,2012,http://reut.rs/WKKLqg.
20
AriannaHuffington,PostcardFromJapan.
21
JapanInternetProvidersBlockChildPorn,AgenceFrancePresse,April21,2011,
http://www.google.com/hostednews/afp/article/ALeqM5jQdti3UuXNuAqabydVSloqy5rRcA?docId=CNG.40acf6c3c3e92addbe5
46909e145276a.191;ElectronicNetworkConsortium,DevelopmentandOperationoftheNextGenerationRating/Filtering
SystemontheInternet,pressrelease,viaNewMediaDevelopmentAssociation,April30,1999,
http://www.nmda.or.jp/enc/rating2nden.html.
22
AmandaDobbins,"ObscenityInJapan:MoralGuidanceWithoutLegalGuidance,"2009,AvailableatSelectedWorks,
http://works.bepress.com/amanda_dobbins/1.
23
InternetHotlineCenterJapan,StatisticalData,http://www.internethotline.jp/statistics/index_en.html.
JAPAN

The 2001 Provider Liability Limitation Act directed ISPs to establish a self-regulatory framework to
govern take-down requests involving illegal or objectionable content, defamation, privacy
violations and copyright infringement.24 In 2002, industry associations produced guidelines
designed to protect ISPs from legal liability within the jurisdiction of the Japanese courts. Under
the guidelines, anyone can report material that infringes directly on their personal rights to the
service provider, either to have it removed or to find out who posted it. No third party can do so.
The provider notifies the individual who posted the content, and either fulfills the request with
their permission or removes the content without the authors approval if they fail to respond within
two weeks. If the poster refuses permission, the service provider is authorized to assess the
complaint for themselves, and comply if they believe it is legitimate. In this scenario, an ISP could
give the complainant information to identify the postersuch as their name or IP address
without that persons consent, leading to privacy concerns. This process is voluntary, but by
complying, service providers protect themselves from civil liability.25 In practice, many citizens say
service providers have failed to remove libelous content.
Police sometimes intervene more directly, and their emphasis on security over transparency
occasionally threatens internet freedom.26 In April 2013, they recommended ISPs and website
administrators cooperate to block IP addresses used by Torwhich allows internet users to
disguise their location by connecting through a network of other computersin order to prevent
criminals from abusing the service, which also has many legitimate applications.27
The threat of official content restrictions looms periodically during public debates about child
safety, though carriers and content producers have successfully resisted intrusive regulation. In
2007, the MIC ordered mobile operators to install filtering software enabling parents to control
content seen by their children. A coalition of groups, including the Japan Internet Providers
Association and the user rights organization Movement of Internet Active Users lobbied against the
mandate, and mobile users can now select voluntary filters. 28 Complaints to the official Consumer
Affairs Agency about quasi-gambling functions in games played by children on mobile devices shot
up in 2011, along with calls for government regulation.29 In 2012, game developers Gree and
DeNA Mobage voluntarily adopted caps on purchases of virtual items by minors instead.30 Games
integrated with social networks have also been criticized for their potential for abuse by sexual
predators.
24
ActontheLimitationofLiabilityforDamagesofSpecifiedTelecommunicationsServiceProvidersandtheRighttoDemand
DisclosureofIdentificationInformationoftheSenders,November30,2001,availableatUNESCO,
http://www.unesco.org/culture/pdf/antipiracy/Japan/Jp_%20LimitLiability_Telecom_en.
25
BusinessSoftwareAlliance,CountryReport:Japan,2012,
http://cloudscorecard.bsa.org/2012/assets/pdfs/country_reports/Country_Report_Japan.pdf.
26
charles,Japan:PoliceRemoveMessagesfromCellPhoneSocialNetworkingSites,OpenNetInitiative,
https://opennet.net/blog/2009/04/japanpoliceremovemessagescellphonesocialnetworkingsites.
27
PhilMuncaster,JapaneseFedsUrgeISPstoSupportTorBanPlan,TheRegister,April22,2013,
http://www.theregister.co.uk/2013/04/22/tor_japan_police_ban/.
28
IzumiAizu,CountryReport:Japan,2009,GlobalInformationSocietyWatch,http://bit.ly/16AioGr.
29
Ishaan,JapaneseSocialGamesRiskSeeingCrackdown,siliconera,May7,2012,
http://www.siliconera.com/2012/05/07/japanesesocialgamesriskseeingcrackdown/.
30
DrSerkanToto,SelfRegulation:DenaIntroducesPaymentCapsForMinorsOnMobage[SocialGames],JapanMobileAnd
SocialGamesConsulting,April24,2012,http://www.serkantoto.com/2012/04/24/denamobagepaymentcaps/.
JAPAN

Private interests also pressure ISPs to restrict content. In June 2012, a coalition of music rights
advocates were reportedly offering to sell service providers a tool to detect whether material being
uploaded to the internet is subject to copyright, and sever connections of users violating Japans
strict copyright laws.31 None are known to have purchased it.
Japanese citizens exercise some self-censorship online, often on historical and social issues. The
society at large prefers harmony, and people avoid criticizing the role of Japans Emperor,
especially when connected with historic issues like World War II. Individuals and public figures
who break this code risk censure and even attacks from right-wing fanatics, who notoriously tried
to assassinate the Nagasaki mayor on these grounds in the 1990s. Though exceptional, incidents like
this still exert a chilling effect on Japanese expression.
There are few known cases of the government or powerful groups proactively manipulating online
news or other content. In a significant exception, officials and the Tokyo Electric Power Company
withheld data about pollution after a nuclear power plant in Fukushima prefecture was severely
damaged by the 2011 earthquake and tsunami, and citizens unwittingly exposed themselves to
radiation. The MIC requested that four industry associations monitor false or unsubstantiated
content circulating about the disaster online, including on social networks. Some observers said this
was a measure to control public discourse, though deletions were not widespread. Service
providers removed content, which included images of corpses, in at least 13 cases,32 though the
national police agency reported 41 items for review.33
The disaster also had an impact on social media use. YouTube, Twitter, and international bloghosting services are freely available, as are popular domestic platforms like Nico Nico Douga, a
video-sharing site, and LINE, a chat application launched in 2011. Facebook recently overtook
domestic rival Mixi, more than doubling its Japanese customer base between May 2011 and May
2012, as many users sought to connect with loved ones and exchange news on a single platform.34
The earthquake also spurred cloud funding of civic causes,35 and the launch of Twitters Lifeline
feature, which lists government accounts providing public information in emergencies, in
September 2012.36
31
Enigmax,JailForFileSharingNotEnough,LabelsWantISPLevelSpyingRegime,TorrentFreak,June24,2012,
https://torrentfreak.com/jailforfilesharingnotenoughlabelswantisplevelspyingregime120624/.
32
MadelineEarp,Freelance,OnlineReportingDiscouragedonNuclearThreat,CPJBlog,April14,2011,
http://www.cpj.org/blog/2011/04/japandiscouragesfreelanceonlinereportingonnu.php;MinistryofInternalAffairsand
Communications,DemandforTelecommunicationsCarriersAssociationsRegardingtheAppropriateResponsetoFalseRumors
ontheInternetRelatedtotheGreatEastJapanEarthquake,pressrelease,April6,2011,
http://www.soumu.go.jp/menu_news/snews/01kiban08_01000023.html;
33
NationalPoliceAgency,ForPoliceRespondingtoFalseRumorsontheInternet,June21,2011,
http://www.npa.go.jp/archive/keibi/biki/cyber/0621ryuugenhigo.pdf.
34
RobGilhooly,WhyJapanfinallyfellforFacebook,July25,2012,NewScientist,
http://www.newscientist.com/article/mg21528756.400whyjapanfinallyfellforfacebook.html#.Uh45IBukpTY.
35
ExamplesincludeJustGiving,http://justgiving.jp,GiveOne,http://www.giveone.net,andReadyForhttps://readyfor.jp.
36
AkkyAkimoto,2012HasBeenaBigYearontheJapaneseSocialMediaScene,JapanTimes,December19,2012,
http://www.japantimes.co.jp/life/2012/12/19/digital/2012hasbeenabigyearonthejapanesesocialmedia
scene/#.Uh46JRukpTY.
JAPAN

Though slowed by the aforementioned online campaigning restriction, many politicians are
embracing digital tools. Toru Hashimoto, the governor of Osaka, has more than one million
followers on his Twitter account @t_ishin, while the governor of Tokyo, Naose Inokis account
@inosenaoki has over 300,000. Both are popular for calling out their critics by name, including
reporters and politicians. However, some news reports from the past year expressed concern
about manipulated online discourse. In December 2012, the prime ministers secretary invited his
Facebook supporters to bombard a public broadcaster with messages of support in advance of a
scheduled panel appearance she assured them would include Abe-bashing; Abe subsequently
updated the account himself to belittle his opponents on the panel.37
These interventions are more significant in the context of escalating online hate speech targeting
South Koreans and Chinese communities amid territorial disputes between Japan and their
respective governments. Abes stance on these active rivalries, as well as historic ones, does
nothing to calm the situation. In December 2012, he said he was reconsidering apologies Japan had
made for acts of wartime aggression, including one for forcing Asian and European women to work
in army brothels, which he denied was coerced. While he later retracted this position,38 an
advertisement with a government seal that appeared to support such a revisionist history was
widely circulated on social media in early 2013, though it turned out to be fake.39 The incitements
to violence directed at South Korean and Chinese peopleand unpatriotic activity in general
which flourished on websites like 2channel in the past year, were far more extreme, but they were
arguably routed in the same nationalist discourse, which threatens to undermine the diversity of
voices being heard in Japanese cyberspace.40
Blogs have a significant impact on public opinion, and several independent journalists are becoming
influential through personal or commercial websites and social media accounts. Yet most online
media remain small and community-based, with no major national successes, and the mainstream
medias habit of compliance and restraint may be standing in the way of the combative online news
culture flourishing elsewhere in Asia.41 Kisha clubs, formal organizations only open to traditional
media companies, and an advertising market that favors established players, may be preventing
digital media from gaining a foothold in the market. Kisha clubs provide essential access to officials
in Japan, but discriminate against new media practitioners. At least one online journalist was denied
access to one of their Tokyo locations in October 2012.42 The previous May, the only two
freelancers permitted to join an official group of 40 reporters on a tour of the nuclear disaster site
37
TessaMorrisSuzuki,FreedomofHateSpeech;AbeShinzoandJapan'sPublicSphere,AsiaPacificJournal11,8,no.1,
(February2013),http://www.japanfocus.org/TessaMorris_Suzuki/3902#sthash.s1dMNVPK.dpuf.
38
Abe:NoReviewofKonoStatementApologizingto'ComfortWomen,'AsahiShimbun,February1,2013,
http://ajw.asahi.com/article/behind_news/politics/AJ201302010077.
39
KeikoTanaka,NoMoreApologiesJapan'sFacebookUsersShareFakePropaganda,April19,2013,GlobalVoices,
http://globalvoicesonline.org/2013/04/19/nomoreapologiesjapansfacebookuserssharefakepropaganda/.
40
TessaMorrisSuzuki,FreedomofHateSpeech.
41
RogerPulvers,DangerLurksWhenSelfrestraintSeguesintoMediaSelfcensorship,JapanTimes,January10,2010,
http://www.japantimes.co.jp/opinion/2010/01/10/commentary/dangerlurkswhenselfrestraintseguesintomediaself
censorship/#.Uh9hEhukpTY.
42
KeikoTanaka,OnlineJournalistBarredfromJapan'sDietPressHall,GlobalVoices,October12,2012,
http://globalvoicesonline.org/2012/10/12/onlinejournalistbarredfromjapansdietpresshall/.
JAPAN

were forbidden from taking equipment.43 In the meantime, independent online news outlets have
struggled to sustain themselves financially. OhmyNews, a South Korean platform, established a
Japanese operation in 2006, but closed in 2008. The US-based Huffington Post digital media website
launched a Japanese-language version in May 2013.44
A number of civil liberty groups are actively engaged in the online space. Movements for the
Internet Active Users, founded by activist Daisuke Tsuda and 11 colleagues in 2007, is one
example, a user rights group that contests excessive content regulation and advocates for free
speech.45

The strong protections in Japans constitution were potentially put in jeopardy in 2012, after the
now-incumbent LDP party proposed making them subject to limits to protect public order. While
their reversal of a ban on internet campaigning was positive, the law retained disproportionate
penalties for violating email restrictions to solicit political support, including possible jail terms. An
already-strict copyright law was also strengthened during the coverage period to criminalize
downloading illegal material. Public trust in the police implementing these laws was undermined
when they charged an online entrepreneur for abetting a criminal, saying the bulletin board he
founded failed to delete a post offering drugs for sale, and jailed four people for nearly a month on
charge of sending threatening messages, though all proved to be innocent.
Article 21 of Japans constitution prohibits censorship and protects freedom of speech, press and
all other forms of expression, as well as the secrecy of any means of communication. 46 In
general, individuals and media can exercise this in practice, though social and legal constraints exist.
In May 2012, the LDP, then in the opposition, proposed revising the constitution.47 In December,
the party gained a landslide electoral victory in the Diet, the lower house; they went on to win the
senate in July 2013.48 Critics say their draft promotes conservative nationalism, replacing the
subject of the constitutioncurrently the people of Japanwith the nation state.49 While it would
not affect the protections outlined above, it does add that freedoms and rights come with
43
ReportersWithoutBorders,FreelanceJournalistsFaceDiscriminationOnFukushimaPlantVisit,May23,2012,
http://en.rsf.org/japanfreelancejournalistsface23052012,42669.html.
44
AriannaHuffington,PostcardFromJapan:TalkingZen,Abenomics,SocialNetworkingandtheConstitutionWithPrime
MinisterShinzoAbe,HuffingtonPost,May9,2013,http://www.huffingtonpost.com/ariannahuffington/shinzoabearianna
huffington_b_3245338.html.
45
MovementsfortheInternetActiveUsers,OurHistory,http://miau.jp/index.phtml?genre=English.
46
ConstitutionofJapanNovember3,1946,availableatPrimeMinisterofJapanandhisCabinet,
http://www.kantei.go.jp/foreign/constitution_and_government_of_japan/constitution_e.html.
47
LiberalDemocraticPartyofJapan,LDPAnnouncesaNewDraftConstitutionforJapan,May7,2012
http://www.jimin.jp/english/news/117099.html.JapanesetextavailableatLiberalDemocraticPartyofJapan:
http://www.jimin.jp/policy/policy_topics/pdf/seisaku109.pdf.
48
JapanesePrimeMinister'sPartyScoresWininSenateElections,AgenciaEFE,July21,2013,
http://www.globalpost.com/dispatch/news/agenciaefe/130721/japaneseprimeministerspartyscoreswinsenateelections.
49
MichaelHoffman,ConstitutionalRevisionMayBringLessFreedom,JapanTimes,February3,2013,
http://www.japantimes.co.jp/news/2013/02/03/national/constitutionalrevisionmaybringlessfreedom/#.Uh5iBBukpTY.
JAPAN

responsibilities and duties, and shall not violate public interest and public order. A national
referendum must still approve the revision, which would also lower the bar for making future
constitutional changes.
A more positive LDP initiative undid long-standing restrictions on use of the internet for election
campaigns for the first time in 2013, and a revision of Public Offices Election Act passed the Upper
House on April 19. Limits remained on paid online advertising and campaign emails, which could
only be sent directly by a party or candidatenot a supporterin a measure designed to prevent
fraud, though members of the electorate can freely solicit support on social media.50 While these
provisions were contested and revisions are still planned, 51 news reports during the coverage
period said politicians violating these restrictions face a potential 300,000 yen ($3,060) fine or one
year in prison; imprisonment would strip them of political rights to vote or run for office. Voters
found improperly soliciting support for a candidate via e-mail could be fined 500,000 yen ($5,100)
or jailed for two years, which would also deprive them of political rights.52
Another legal revision passed during the coverage period of this report introduced potentially
disproportionate sentences for copyright violatorsincluding any internet user downloading
content they know has been illegally copied, as opposed to those engaged in piracy for commercial
gain. 53 While both uploading and downloading pirated material was already illegal under the
copyright law, with uploaders subject to 10 years imprisonment or fines up to 10 million yen
($102,000), the version in effect since October 1, 2012 added two years in jail or fines up to two
million yen ($20,500) for downloading a single file.54 The Japanese Bar Association said that
downloading, as an essentially insignificant personal act, should be regulated by civil, instead of
criminal laws.55 Police launched a nationwide antipiracy crackdown, searching 124 different
locations and arresting 27 people under the law in in February 2013.56
The sentences for copyright and e-mail fraud seem particularly harsh in light of Japans lack of
restrictions on child pornography and hate speech online, which are acceptable to limit under
international law.57 Laws passed in 1999 and 2003 outlawed the production, distribution and sale of
50
Editorial:InternetElectionCampaignscanChangeJapan'sPolitics,AsahiShimbun,April20,2013,
http://ajw.asahi.com/article/views/editorial/AJ201304200031.
51
IdaTorres,JapansInternetElectionCampaigningBanOneStepClosertoBeingLifted,JapanDailyPress,April4,2013,
http://japandailypress.com/japansinternetelectioncampaigningbanonestepclosertobeinglifted0426427/.
52
AyakoMie,ElectionCampaigningTakestoNet;JapaneseParliamentPermitUseofInternetCampaigning
DuringElections,TJCGlobal,April20,2013,http://tjcglobal.wordpress.com/tag/publicofficeselectionlaw/.
53
DanielFeit,JapanPassesJailforDownloadersAntiPiracyLaw,Wired,June21,2012,
http://www.wired.com/gamelife/2012/06/japandownloadcopyrightlaw/.
54
MairaSutton,Japan'sCopyrightProblems:NationalPolicies,ACTA,andTPPintheHorizon,ElectronicFrontierFoundation,
August21,2012,https://www.eff.org/deeplinks/2012/08/copyrightjapan.
55
JapanIntroducesPiracyPenaltiesforIllegalDownloads,BBC,September30,2012,
56
SomehaduploadedTVandmusic.See,27PeopleArrestedinSimultaneousCrackdownofCopyrightViolationsAcross
Country,JWSSNNews,February23,2013,http://blog.livedoor.jp/misutiru7878/archives/24818756.html;BryanBishop,
JapaneseAuthoritiesArrest27inNationwideFileSharingCrackdown,TheVerge,March3,2013,
http://www.theverge.com/2013/3/3/4059720/japaneseauthoritiesarrest27innationwidefilesharingcrackdown.
57
UnitedNationsHumanRights,FreedomofExpressionEverywhere,IncludinginCyberspace,November4,2011,
http://www.ohchr.org/EN/NewsEvents/Pages/Freedomofexpressioneverywhere.aspx.
JAPAN

hardcore child pornography, including electronically,58 but possessing it for non-commercial use
remains legal except in Kyoto prefecture, central Japan, where police arrested three people for
purchasing child pornography online for the first time in September 2012 under an ordinance in
effect since the previous January.59 Although nationalistic hate speech and incitement to raciallymotivated violence is proliferating online, the government has taken no action to curb it on
grounds it is already criminalized under the penal code; yet police in 2012 were more likely to use
the relevant clauses to prosecute antinuclear demonstrators than groups whose on and offline
slogans included exhortations to kill Koreans.60
Article 175 of the Japanese penal code bans the sale or distribution of broader categories of obscene
material, and while it dates from over 100 years ago, it is considered to apply online. 61 However, it
does not define what constitutes obscenity, leading to concerns that it may infringe on artistic
expression and LGBT rights.62
No citizens have faced politically motivated arrest or prosecution for content they have published
online, though observers believe that police sometimes overstep during cybercrime investigations.
Four people, including a student, were detained for nearly a month in July 2012 for sending
electronic terrorism threats that had actually been triggered without their knowledge, by
malware.63 In November 2012, police charged 2channel founder Hiroyuki Nishimura with abetting
the drug trade, saying he failed to delete a post from someone trading amphetamines on the
rambunctious bulletin board; the allegation was complicated by the fact that Nishimura no longer
manages the site,64 and was dropped without explanation in March.65 Police were less diligent in
another case, however. On November 6, 2012, a woman in Kanagawa prefecture was stabbed and
killed by a stalker police had refused to investigate in March, when she reported him for sending
over 1000 threatening emails in 20 daysin part because the law governing stalking does not
explicitly ban harassment via email.66 A bill to establish an independent human rights commission
58
WilliamSparrow,Japan'sLolitaMerchantsFeeltheHeat,AsiaTimesOnline,February23,2008,
http://www.atimes.com/atimes/Front_Page/JB23Aa02.html.
59
TomaszJanowskiandTeppeiKasai,PressureonJapanforStrongerLawsonChildPornography,Reuters,September19,
2012,http://uk.reuters.com/article/2012/09/19/usjapanpornographyidUKBRE88I07H20120919.
60
TessaMorrisSuzuki,"FreedomofHateSpeech.
61
JamesR.Alexander,Obscenity,Pornography,andtheLawinJapan,AsianPacificLawandPolicyJournal4,no.1(February
2003),availableatUniversityofPittsburghJohnstown,
http://faculty.upj.pitt.edu/jalexander/Research%20archive/Japanese%20obscenity%20law/Oshima%20article.pdf;PenalCode,
ActNo.45ofApril24,1907,availableatJapaneseLawTranslation,
http://www.japaneselawtranslation.go.jp/law/detail/?ft=2&re=02&dn=1&yo=penal+code&x=0&y=0&ky=&page=1.
62
KeikoTanaka,Japan'sPornLawisStranglingArtists,February18,2013,http://globalvoicesonline.org/2013/02/18/japans
pornlawisstranglingartists/.
63
PoliceReleaseSuspects,sayVirusLikelyUsedtoThreatenMassMurder,AsahiShimbun,October8,2012,
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201210080093.PoliceArrestTokyoManinMaliciousComputer
HackingCase,AsahiShimbun,February10,2013,http://ajw.asahi.com/article/behind_news/social_affairs/AJ201302100067.
64
Prosecutionof2channelFounderDrawsFlak,JapanTimes,November26,2012,
http://www.japantimes.co.jp/news/2012/12/26/national/prosecutionof2channelfounderdrawsflak/#.UiC26jakpTZ.
65
ChargesDroppedAgainst2chFounderHiroyukiNishimura,AnimeNewsNetwork,March19,2013,
http://www.animenewsnetwork.com/news/20130319/chargesdroppedagainst2chfounderhiroyukinishimura.
66
KeikoTanaka,StandingUpforStalkingVictimsinJapan,GlobalVoices,December11,2012,
http://globalvoicesonline.org/2012/12/11/standingupforstalkingvictimsinjapan/.
JAPAN

which may address online abuses like cyberbullying was announced in September 2012, but the
details and possible timeframe involved remain unclear.67
Japans Supreme Court protects privacy through its interpretation of Article 13 of the constitution,
which provides for the right to life and liberty,68 while 2003 laws specifically protect personal data
amounting to more than 5,000 records collected electronically by both the private and the public
sector.69 Law enforcement requests for this data should be supported by a warrant, though some
cooperate without one.70 Individuals may be afforded less due process. In November 2012, police
raided the home of Yuzuru Kaneko, who documented antinuclear protests on YouTube, seizing his
footage and equipment in an attempt to prove wrongdoing by one of the protesters.71
Under voluntary guidelines drafted by four ISPs in 2005, service providers automatically inform
police of internet users identified on pro-suicide websites, and comply with law enforcement
requests for information related to acts of self-harm.72
Through the Resident Basic Register Network System in effect for over a decade, Japanese citizens
unique ID numbers are stored in a national juki-net computer network which critics say is
vulnerable to cyberattacks, although this risk is partially offset by the fact that it has no centralized
database.73 Some individuals and municipalities have refused to participate in the database.74 A My
Number Bill proposed by the cabinet in 2012 would potentially increase the kinds of personal data
government agencies would collect and share electronically, a measure the Japanese Bar Association
and other groups oppose for threatening privacy.75
Secrecy of communication is protected under telecommunications laws,76 and there are no
restrictions on anonymous online speech except in internet cafes, where users are required to
produce formal ID such as a drivers license and register their name and address. Police can request
these details, along with usage logs, if they detect illegal online activity. A law enacted in 2003 and
67
KeikoTanaka,Japan:AnxietyOverHumanRightsCommissionBill,GlobalVoices,September25,2012,
http://globalvoicesonline.org/2012/09/25/japananxietyoverhumanrightscommissionbill/.
68
PrivacyInternational,Chapteri:LegalFramework,inJapan,December12,2006,
https://www.privacyinternational.org/reports/japan/ilegalframework.
69
BusinessSoftwareAlliance,CountryReport:Japan.
70
PrivacyInternational,Chapteriii:PrivacyIssues,inJapan,December12,2006,
https://www.privacyinternational.org/reports/japan/iiiprivacyissues.
71
KeikoTanaka,PoliceRaidVideoBlogger'sHomeinJapan,November15,2012,
http://globalvoicesonline.org/2012/11/15/policeraidvideobloggershomeinjapan/.
72
CarolinaA.Klein,LiveDeathsOnline:InternetSuicideandLethality,AmericanAcademyofPsychiatryandtheLaw40no.
4(December2012)530536,http://www.jaapl.org/content/40/4/530.full.
73
RebeccaBowe,InJapan,NationalIDProposalSpursPrivacyConcerns,ElectronicFrontierFoundation,June13,2012,
https://www.eff.org/deeplinks/2012/06/japannationalidproposalspursprivacyconcerns.
74
PrivacyInternational,Chapteriii:PrivacyIssues.
75
JapaneseBarAssociation,StatementSubmittedtoParliamentandtheCabinetRegardingtheSocialSecurityandTax
NumberSystemBill,February15,2012,
http://www.nichibenren.or.jp/activity/document/statement/year/2012/120215_6.html.
76
MinistryofInternalAffairsandCommunications,TelecommunicationsBusinessAct,December25,1984,
http://www.soumu.go.jp/main_sosiki/joho_tsusin/eng/Resources/laws/pdf/090204_2.pdf.
JAPAN

revised in 2008 prohibits electronic communications encouraging sexual activity with minors.77
Under the law, all online dating services must register with police, verify their customers ages
with a drivers license or credit card, and delete or block content that appears to involve someone
under 18; most services voluntarily monitor messages in real time to ensure compliance.
Under a wiretap law enacted in 1999, law enforcement agents may seek a court order to conduct
electronic surveillance in criminal investigations involving drugs, firearms, human trafficking, or
organized murders, an exception to articles of other laws that explicitly forbid wiretapping.78 The
law obliges agents to notify targets of wiretaps after investigations are concluded and inform the
Diet about the number they implement annually. While the law was extremely controversial when
it passed, in part due to the authorities politicized abuse of surveillance in the recent past,79
lawmakers were seeking to expand it in December 2012.80 Critics say the law does not prevent the
systematic storage of intercepted communications or protect innocent parties.81 Security agents and
the military have been accused of implementing surveillance in cases involving national security.82
No physical violence has been reported against bloggers or internet users in relation to their online
activity. While distributed denial-of-service (DDoS) attacks were part of the arsenal used by
nationalists in Japan, China and South Korea to target perceived opponents in other countries, and
cyberattacks have been reported against commercial and government targets,83 they are not known
to have been used to systematically target individuals or civil society groups. In acts of protest
against the copyright law, hackers briefly targeted websites of several political parties and
institutions in October 2012.84
77
AkiraSaka,RegulationforOnlineDatinginJapan,presentationKeioUniversity,2008,
http://saka.jp/lecture/ChildProtenctionbyRetulationOnlineDatingSites2.pdf.
78
PrivacyInternational,Chapterii:Surveillance,inJapan,December12,2006,
https://www.privacyinternational.org/reports/japan/iisurveillancepolicy.
79
In1997,acourtorderedthegovernmenttopayaseniormemberoftheJapaneseCommunistParty4millionyen[US$35,500]
indamagesforillegallywiretappinghisresidenceinthe1980s.See,Tokyo,KanagawaBowtoWiretapRuling,JapanTimes,
July7,1997,http://www.japantimes.co.jp/news/1997/07/10/national/tokyokanagawabowtowiretapruling/#.Uh8fRukpTY.
80
TsuyoshiTamura,LegalPaneltoDiscussWiretappingforWiderRangeofCrimes,AsahiShimbun,December25,2012,
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201212250065.
81
PrivacyInternational,Chapterii:Surveillance.
82
Japan'sMilitaryWatchedCitizens:CommunistParty,Reuters,viabdnews24,June6,2007,
http://bdnews24.com/world/2007/06/06/japansmilitarywatchedcitizenscommunistparty.
83
Over1,000targetedcyberattackshitJapaneseentitiesin2012,JapanTimes,March1,2013,
http://www.japantimes.co.jp/news/2013/03/01/national/over1000targetedcyberattackshitjapaneseentitiesin
2012/#.Uhe2RukpTY.
84
StaceyLeasca,Japanintroducesstrictantipiracylaws,GlobalPost,October1,2012,
http://www.globalpost.com/dispatch/news/regions/asiapacific/japan/121001/japanintroducesstrictantipiracylaws.
JAPAN
JORDAN
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
13
12
20
45
13
13
20
46


Amendments to the Press and Publications Law were passed in September 2012,
requiring news websites to obtain licenses in order to continue to operate in the
country (see LIMITS ON CONTENT).
Online editors and site owners are now officially liable for comments posted by other
users on their platforms, increasing the need for pre-censorship (see LIMITS ON
CONTENT).
The offices of the online media company Watan were ransacked in July 2012 and
several news websites were the victims of cyberattacks over the past year (see
JORDAN

This report covers events between May 1, 2012 and April 30, 2013. On June 2, 2013, the
Telecommunication Regulatory Commission instructed internet service providers to block over 200
websites. The sites had failed to obtain a license from the Department of Press and Publications after
the expiration of a nine-month grace period granted by authorities. These actions have their
foundations in amendments to the Press and Publications Law passed in September 2012. The law
imposes disproportionately-heavy burdens on intermediaries and unnecessary obstacles to registration.
The editors-in-chief of all news websites must be members of the Jordan Press Association for a prior
period of at least four years. On July 2, authorities revealed that 254 news sites had been blocked,
while 111 have been licensed. Previously, only one news website was known to be blocked in Jordan.
The recent moves signal a drastic shift in the countrys attitude towards online censorship and
mounting fears over the power of the internet in the face of increasing discontent in the traditionally
stable kingdom.
INTRODUCTION
Jordan, a small kingdom of about six million people, has prided itself as being an example of
stability and incremental political reform. The Jordanian governments response to relatively lowlevel public protests in 2011 was mild compared to neighboring countries and other monarchies in
the Gulf. Working with parliament, the king passed a set of constitutional amendments to improve
protections on freedom of expression and strengthen the independence of the judiciary. Protests
returned, however, in November 2012, when thousands of protestors took to the streets of
Amman and other major cities to protest a rise in fuel prices.1 Hundreds of protesters were
arrested by security forces in the ensuing chaos. Parliamentary elections in January 2013 resulted in
limited political developments, with supporters of the king maintaining a strong majority in the
lower house of parliament (members of the upper house are appointed by the king himself).2 The
elections do not seem to have quelled repeated calls for greater political reform and were
boycotted by opposition parties including the Islamic Action Front, the political arm of Jordans
Muslim Brotherhood.3
Internet access was first provided to Jordanians in 1995, the same year the Telecommunications
Regulatory Commission (TRC) was established to regulate the countrys information and
communication technology (ICT) sector.4 Recognizing the economic potential of the internet,
Aalektisadia(2012,November13)Demonstrations,roadsblockingandconfrontationsinJordanafterriseinFuelprices.
AccessedJune26,2013.http://www.aleqt.com/2012/11/13/article_709448.html
2
Tucker,Joshua(2013,January25)2013JordanPostElectionsReport:AndthewinneristheKing.AccessedJune27,2013.
http://themonkeycage.org/2013/01/25/2013jordanpostelectionreportandthewinneristheking/
3
Jordanelection:VotingendsasIslamistsallegefraud,BBCNews,January23,2013,http://www.bbc.co.uk/news/world
middleeast21158713.
4
TheTRCwasestablishedasafinanciallyandadministrativelyindependentjurisdictionalbodythroughthe
TelecommunicationsLaw(No.13of1995)andasubsequentamendment(LawNo.8of2002).
JORDAN

authorities actively promoted ICT development in the kingdom.5 Once seen as a means of trivial
entertainment and the exchange of scandalous or banned information, the internet has grown into a
vital instrument for business and an important forum for public discussion. Likewise, as the number
of users began to increase dramatically, the government drew up legal methods for maintaining
control over online content and monitoring users.
In this regard, restrictions on internet freedom have increased since the regional uprisings of 2011.
News websites, a vital source of information in a country where traditional media freedom is
limited, often face pressure from state actors to delete politically-sensitive articles. In August 2012,
around 1,000 websites temporarily went offline to protest proposed amendments to the 1998 Press
& Publications Law.6 The amendments impose a variety of burdensome requirements to operate
online news portals, limiting freedom of expression and placing heavy liabilities on intermediaries.
Despite the opposition campaign, the new amendments were passed on September 19, 2012.7
While censorship is due to increase, prosecutions and extralegal attacks on users appears to have
declined in severity over the past year. Nonetheless, during the coverage period, the offices of an
online media company were raided and several news sites suffered cyberattacks by unidentified
perpetrators.
OBSTACLES TO ACCESS
According to the International Telecommunication Union (ITU), a total of 41 percent of the
Jordanian population accessed the internet in 2012.8 National figures from the TRC estimated the
number of users to be much higher in the first quarter of 2013, at 69 percent, or 4.45 million
users.9 Given the large number of people accessing the internet at cybercafes and offices, most
users have access to broadband rather than dial-up connections.10 Furthermore, most internet users
are young people ranging from ages 15 to 24.11
Mobile phone use has also expanded rapidly and by the end of 2012, the number of subscriptions
was over 9 million, representing a penetration rate of 139.1 percent.12 3G services were first
launched by Zain and Jordan Telecom (Orange) in mid-2010 and increased in 2012 upon
implementation of a tax exemption for the purchase of smartphones and the launch of mobile
5
PrivacyInternational,Jordan,Silenced:AnInternationalReportonCensorshipandControloftheInternet,2003,
http://www.privacyinternational.org/article.shtml?cmd[347]=x347103564.
6
Theblackoutwascalledbyagroupofinternetuserscalled7uryanet(freedomfortheinternet)
7
http://www.lob.gov.jo/ui/laws/all_modified_law.jsp?no=32&year=2012&law_no=8&law_year=1998.AccessedApril,30,
2013.
8
subscriptions,fixed(wired)broadbandsubscriptions,2012,accessedJuly5,2013,http://www.itu.int/en/ITU
9
TelecommunicationsRegulatoryCommissionofJordansofficialwebsite[inEnglish],accessedJune26,2013.
http://www.trc.gov.jo/index.php?option=com_content&task=view&id=2603&Itemid=1&lang=english.
10
TelecommunicationsRegulatoryCommissionofJordansofficialwebsite.
11
MohammadGhazal,NewswebsitesmostpopulardestinationforJordanianInternetusersstudy,TheJordanTimes,
March22,2012,http://jordantimes.com/newswebsitesmostpopulardestinationforjordanianinternetusersstudy.
12
InternationalTelecommunicationUnion(ITU),Fixed(wired)broadbandsubscriptions,20002012,accessedJuly5,2013,
JORDAN

broadband by another provider, Umniah.13 A call from the TRC to introduce a fourth mobile
operator in December 2012, however, was rejected by Zain and Jordan Telecom.14 No new
providers have been introduced since then and the three companies have a similar share of the
market. 15
The expansion of fixed-line internet access has been hampered by the relatively high costs of
computers and connectivity. Indeed, fixed broadband subscriptions have decreased since 2009,
with only 3 subscriptions per 100 inhabitants.16 On the other hand, mobile broadband use has
soared to over 812,000 subscribers, or 73 percent of all internet subscriptions.17
For several years, internet connection fees were considered high relative to neighboring countries
and the cost of living. Prices have decreased, reportedly upon direct orders from the king, but
complaints about the quality of service persist. Monthly fixed-line subscription prices currently
range from JOD 13 ($18) for speeds of 128 Kbps and an allowance of 10 Gigabytes (GB), to JOD
65 ($92) for speeds of up to 24 Mbps and a 65 GB allowance. Postpaid monthly plans for Evolved
High-Speed Packet Access (HSPA+) range from JOD 5 ($7) to JOD 49 ($69) per month,
depending on speeds and data allowances.18 By comparison, gross national income per capita is
$6,130, or only $511 per month.19 Meanwhile, internet access in remote areas remains poor, as
almost all companies concentrate their operations and promotions in major cities, particularly the
capital Amman.
The ICT sector is regulated under Law No. 13 of 1995 and its amendment, Law No. 8 of 2002.
The law endorses free-market policies and governs licensing and quality assurance.20 Citizens and
businesses can obtain internet access through privately owned service providers without state
approval or registration. As of November 2011, there were 16 active internet service providers
(ISPs) in Jordan, though licenses have been granted to over 20 companies.21 The market is
dominated by Umniah (a subsidiary of Batelco Bahrain), Zain, and Jordan Telecom, the local
affiliate of France Telecoms Orange brand. The formerly state-owned Jordan Telecom controls
the fixed-line network and provides access to all other ISPs, thereby centralizing most of the
13
ITU,Smartphonetaxexemptiondrives3Ggrowth(Jordan),newsrelease,January19,2012,http://www.itu.int/ITU
D/ict/newslog/Smartphone+Tax+Exemption+Drives+3G+Growth+Jordan.aspx.
14
Ghazzal,MohammadOrangeJordanOpposesTRCPlan,JordanTimes,December15,2012.http://jordantimes.com/orange
jordanopposestrcplan,accessedApril30,2013.
15
MaiBarakat,Jordanwillbechallenging,butafourthoperatormightfindelbowroomasamobilebroadbandprovider,
Informa,February21,2013,http://blogs.informatandm.com/9181/jordanwillbechallengingbutafourthoperatormight
findelbowroomasamobilebroadbandprovider/.
16
InternationalTelecommunicationUnion(ITU),Mobilecellulartelephonesubscriptions,20002012,accessedJuly5,2013,
17
TelecommunicationsIndicators(Q12013),TelecommunicationsRegulatoryCommissionJordan,2013,accessedJuly5,
2013,http://www.trc.gov.jo/index.php?option=com_content&task=view&id=2603&Itemid=1&lang=english.
18
Broadband,Zain,accessedJuly5,2013,http://www.jo.zain.com/english/consumer/broadband/Pages/default.aspx.
19
GNIpercapita,PPPWorldBankDatabank,20082012,accessedJuly5,2013,
http://data.worldbank.org/indicator/NY.GNP.PCAP.PP.CD.
20
Jordan, One Social Network With A Rebellious Message, Arabic Network for Human Rights Information, 2009,
http://www.openarab.net/en/node/1618.
21
ITU,ICTadoptionandprospectsintheArabregion,ConnectArabSummit2012,pg.57,http://www.itu.int/dms_pub/itu
d/opb/ind/DINDAR2012PDFE.pdf.
JORDAN

connection to the international internet. All traffic must flow through a government-controlled
telecommunications hub.
The TRC is the independent agency responsible for regulating the ICT sector. It is governed by the
Telecommunications Law and defined as a financially and administratively independent juridical
personality.22 Nonetheless, it is accountable to the Ministry of Information and Communication
Technology (MoICT), which in turn was created in April 2002 to drive the countrys ICT
development.23 The TRCs Board of Commissioners and its chairman, currently Mohammad alTaani,24 are appointed by a resolution from the Council of Ministers based on a nomination from
the prime minister.25 The government retains a degree of control over the countrys internet
backbone and traffic must flow through a government-controlled telecommunications hub.
Nonetheless, the TRC is generally seen as independent and fair in its decision making, though it
does coordinate policy with the government.
LIMITS ON CONTENT
Although the Jordanian government did not engage in extensive blocking of websites from May
2012 to April 2013, changes to the PPL have drastically altered the countrys legal framework,
opening the door to censorship of any website not in compliance with the law. Intermediaries face
increasing liability for content posted to their sites and new restrictions laid the groundwork for the
widespread blocking of internet news sites. On a positive note, Jordan witnessed several notable
online campaigns over the past year, indicating users growing interest in utilizing online tools for
activism. YouTube, Facebook, Twitter, and international blog-hosting services are freely available
and very popular in the country. Crucially, however, social media activity and numerous protests
over amendments to the press law failed to halt the bill from being passed in September 2012.
Furthermore, a nine-month grace period in which websites must register with authorities was set to
expire in June 2013.
The amended PPL places restrictions on online news editors and requires news websites to register
with the government. According to Article 49(A), any electronic publication which publishes
domestic or international news, press releases, or comments is required to register with the
Ministry of Commerce and Industry and acquire a license from the Department of Press and
Publications (DPP).26 For many observers, the laws broad definition of a news website could have
included almost all Jordanian and international websites, blogs, portals, and social networks.
Articles 48 and 49 enable the Director of the DPP to block any website for failing to obtain a
22
TheTelecommunicationsRegulatoryCommissionofJordan,ChapterIII,
http://www.trc.gov.jo/index.php?option=com_content&task=view&id=20&lang=english.
23
JordanICTSectorProfile,Information&CommunicationsTechnologyAssociationJordan,Slide10,accessedJuly5,2013,
http://intaj.net/sites/default/files/jordan_ict_sector_profile.pdf.
24
TelecommunicationsRegulatoryCommissionofJordan,MohammadAlTaani,ChairmanoftheBoardofCommissioners/CEO,
http://www.trc.gov.jo/index.php?option=com_content&task=view&id=126&Itemid=1079&lang=english.
25
TelecommunicationRegulatoryCommissionJordan.TelecommunicationLawNo.(13)of1995,p.18,accessedJune26,2013.
http://www.trc.gov.jo/images/stories/pdf/telecomunication%20law.pdf?lang=english.
26
Lawnumber(32)2012.AmendmentstoThePressandPublicationslawfortheYear1998(8).
JORDAN

license or, more broadly, for violating Jordanian law. In addition to facing blocking, unlicensed
websites also face a potential fine of JOD 1,0005,000 ($1,5007,500) according to Article 48(B).
The law also requires that editors-in-chief of online outlets must have been prior members of the
Jordan Press Association (JPA) for a period of at least four years. The Director of the DPP
estimated that Jordan contains some 400 news websites.27
Jordan does not have a history of extensive web filtering and, for a number of years, the only
blocked website was the U.S.-based Arab Times, which often takes a critical tone toward Arab
regimes.28 In the past, however, authorities have attempted to introduce greater restrictions. In
2008, authorities blocked access to about 600 websites on internal government networks, claiming
such measures were necessary to prevent public service employees from wasting time online. The
inclusion of key Jordanian news websites among those blocked raised concerns that the purpose was
also to limit government employees access to independent information.29 Marouf al-Bakhit, the
prime minister at the time, reversed this policy in 2011. More recently, rumors resurfaced that the
MoICT was seeking to block access to pornographic sites. On numerous occasions, internet
freedom activists have criticized reports that the ministry has instructed ISPs to block explicit
content.30 On the other hand, some groups have staged small protests and even launched a
Facebook campaign to push the MoICT to block pornography sites, most recently in July 2012.31
According to one official, authorities may instead insist that ISPs offer a voluntary service to block
these sites for subscribers.32
In a more subtle censorship dynamic, website owners have occasionally acted to remove online
content after receiving informal complaints from government officials, members of the security
services, party leaders, lawmakers, journalists, and even ordinary users. Websites that have refused
such requests have faced reprisals. For example, in February 2011, one of the countrys most
popular news websites, Ammon News, was hacked and temporarily disabled after its editors refused
to comply with security agents demands to remove a statement by 36 prominent Jordanian
tribesmen, in which they called for democratic and economic reforms. Among other actions, the
hackers deleted the joint statement, which represented a politically-sensitive development given
such groups historic support for the monarchy.33 In another incident from March 2012, the
Jordanian Royal Court pressured the website of the al-Arab al-Yawm newspaper to delete an article
27
BBCArabic(2013,June)TheBlockingof290websitesinJordan.AccessedJune26,2013.
http://www.bbc.co.uk/arabic/middleeast/2013/06/130603_jordan_electronic_sites_closed.shtml.AlBawaba.Com(2013,June
5)Jordan:LiftinguptheBlockonlyonafewwebsites.accessedJune26,2013.
28
AtestbyFreedomHouseinFebruary2012confirmedthatthewebsiteremainsinaccessible.Seealso,Jordan,OpenNet
Initiative,August6,2009,http://opennet.net/research/profiles/jordan.
29
ArabArchivesInstitute,FearofFreedoms:KingInsistsonFreedoms,GovernmentResists,newsrelease,December6,2008,
http://www.ifex.org/jordan/2008/12/09/capsule_report_despite_advances/;PublicEmployeesWastingTimeonthe
Internet,TheJordanTimes,August5,2010,http://www.jordantimes.com/index.php?news=28938.
30
Internetfreedomactivistsslamministryscalltoblockpornsites,AmmonNews,August1,2012,
http://en.ammonnews.net/article.aspx?articleno=17418#.UdsThPm1EwA.
31
ProtestcallsonGovttoblockPornosites,AmmonNews,July16,2012,
http://en.ammonnews.net/article.aspx?articleno=17418#.UdsThPm1EwA.
32
MajedAlDabbas,Govtwillnotblockpornsites,AmmonNews,April27,2013,
http://en.ammonnews.net/article.aspx?articleno=20775#.UdsS7Pm1EwA.
33
InJordan,websitehackedafterrunningsensitivestatement,CommitteetoProtectJournalists,February9,2011,
http://cpj.org/2011/02/injordanwebsitehackedafterrunningsensitives.php.
JORDAN

titled, We will not live in a stupid mans robe, which criticized the governments handling of
corruption and protests in the city of al-Tafila.34 In other cases, news websites that tackle sensitive
issues must deal with waves of angry comments from conservative readers.
The 2012 amendments of the PPL treat readers comments under the same restrictions as normal
news content. Clause 3 of Article 49 states that both the editors-in-chief and owners of online
publications are legally responsible for all content posted to the site, including user comments.35
Moreover, websites must keep a record of all comments for six months after initial publication and
refrain from publishing any untruthful or irrelevant comments.36 Journalists in Jordan stated
that the new changes in the law aim at increasing self-censorship and instigating fear among
journalists.37
The amended law also affects the financial viability of online news websites. The amended PPL
prohibits foreign investment in newspapers, a provision that could now apply to online news
outlets as well. Meanwhile, in mid-2012, unconfirmed reports emerged of government agencies
pressuring advertisers to avoid certain news websites in an effort to limit the sites income.38 There
have also been some initial reports of security or government officials offering encouragement
and possibly material supportto journalists to establish news websites favorable to the
government that would compete with the increasingly influential, and often critical, existing online
outlets.39
The threat presented by restrictive laws and financial penalties in the PPL, combined with an
awareness of extensive content monitoring, has a chilling effect on online speech. Bloggers and
news website owners often complain about their inability to post news freely due to monitoring.
Many practice self-censorship and rarely cross the standard red lines, particularly concerning
material that could be perceived as harmful to national security, national unity, the countrys
economy, or the royal family. Traditional journalists often start their own blogs in order to be free
from editorial censorship. Since 2011, blogs have regained their importance as an avenue for debate
on political and social issues. A growing number of blogs are also written in Arabic, a shift from
several years ago when most were in English or bilingual.
Nonetheless, the countrys hundreds of news websites are an increasingly important source of
information and analysis for many Jordanians. Many feel that online sources discuss a wide range of
34
InternationalFreedomofExpressionExchange(IFEX),RoyalCourtordersnewspapertoremovecriticalarticlefromwebsite,
newsrelease,March26,2012,http://www.ifex.org/jordan/2012/03/26/article_censored/.
35
36
37
Tarawnah,NaseemJordanInternetGoesDarkForeignPolicy.August31,2012.
http://mideast.foreignpolicy.com/posts/2012/08/31/jordans_internet_goes_dark.AccessedApril30,2013.AndSweis,Rana
JordanLimitsProtests,andInternetasTensionsSimmerNewYorkTimes.September19,2012.
http://www.nytimes.com/2012/09/20/world/middleeast/jordanlimitsprotestsandinternetastensions
simmer.html?pagewanted=all&_r=1&.AccessedApril30,2013.
38
Campaignonwebsitesandthegovernmentrefusestolicense[inArabic],Allofjo,May30,2012,
http://www.allofjo.net/index.php?page=article&id=29643.
39
LiberalPress:governmentseekstobreakthepowerforwardpositions[inArabic],JO24,May29,2012,
http://www.jo24.net/index.php?page=article&id=5179.
JORDAN

topics typically avoided by traditional media outlets. A study released by the market research firm
Ipsos in March 2012 found that around 70 percent of internet users accessed news websites, making
it the most popular area of online interest, surpassing music and sports.40 Seven news websites
Jfranews, Garaanews, Sarayanews, Tasweernews, Alwakeelnews Sameerbook, and Khaberniwere among
the top 20 most visited websites in the country in mid-2013, up from only three news sites in
March 2012.41
Web 2.0 applications such as Facebook, the micro-blogging service Twitter, and the video-sharing
site YouTube are very popular, particularly among younger Jordanians. There are over two million
Facebook users in Jordan, representing over one-third of the countrys population.42 Twitter has
garnered a much smaller following of around 60,000 users.43 Several local social media tools, such
as the Jordanian microblogging site WatWet, have shutdown in recent years over an inability to
compete.44 Several state officials, including Queen Rania and the Minister of Information, have
established Facebook and Twitter accounts to communicate with the public.
These online tools, in addition to news websites, have played an important role in mobilizing public
protests to oppose restrictions on free expression, to call for broader political reforms, and to
protest government policies. Over 500 websites went offline on August 29, 2012 in a coordinated
protest to the changes in the PPL.45 The home pages to these sites displayed a black screen with text
reading, You may be deprived of the content of this site under the amendments of the Jordanian
Press and Publications Law and the governmental internet censorship."46 Facebook played a
particularly important role in 2012, when activists used it to mobilize against a rise in fuel prices in
November of that year. The Habbet Teshreen (November Demonstration) hashtag was trending for
almost a week on Twitter. Demonstrations have continued throughout the year, with online media
playing a central role in keeping the public informed of recent events. Social media has also been
critical in documenting attacks against demonstrators by police, darak (special riot police known as
riders), government loyalists, and other actors.
40
NewswebsitesmostpopulardestinationforJordanianInternetUsers,Zawya.com,accessedSeptember18,2012,
http://www.zawya.com/story.cfm/sidZAWYA20120323115500/News_websites_most_popular_destination_for_Jordanian_Inte
rnet_users(subscriptionrequired).
41
TopSitesinJordan,AlexaWebInformationCompany,accessedJuly8,2013andMarch27,2012,
http://www.alexa.com/topsites/countries/JO.
42
JordanFacebookStatistics,SocialBakers,accessedMarch28,2012,http://www.socialbakers.com/facebook
statistics/jordan.
43
Salem,Fadi.,&Murtada,Racha(2012,July)ArabSocialMediaReport.Vol.2,No.1.DubaiSchoolofGovernment.Dubai,UAE.
Pp.10,12,15,AccessedJune26,2013.http://www.dsg.ae/en/Publication/Pdf_En/826201211212209347849.pdf.
44
OnShuttingDownWatWet,Tootcorp.com,July2011,http://tootcorp.com/2011/07/onshuttingdownwatwet/(site
discontinued).
45
RuthMichaelson,Jordanblocksover200unlicensedwebsites,IndexonCensorship,June3,2013,
http://www.indexoncensorship.org/2013/06/jordanblocksover200unlicensedwebsites/.
46
7oryanet.comAmmendemntstothePressandPublicationsLaw,September20,2012.http://7oryanet.com/,accessed
April30,2013.
JORDAN

While the country appears on a trend toward greater restrictions of online content, prosecutions
and extralegal attacks on web users have decreased in severity over the past year. Nonetheless,
strict penalties for criminal defamation against public authorities remain a concern. Amendments to
the press law, discussed in detail above, also restrict internet freedom through the mandatory
registration of news websites and their staff.
In October 2011, responding to public discontent, constitutional amendments were introduced to
strengthen checks and balances and ensure greater protections for human rights.47 The measures
resulted in the creation of a constitutional court (Article 58-61), an explicit prohibition on torture
(Article 8), and the restriction of the State Security Courts jurisdiction to crimes of treason,
espionage, and terrorism (Article 110).48 The Constitutional Courts nine members were named by
King Abdullah II in October 2012.49 Earlier that year, the king issued two royal decrees completing
the necessary processes for the Constitutional Court and the Political Parties Laws to be enacted. 50
Several amendments touched directly or indirectly on internet freedom. Specifically, terms such as
mass media and other means of communication, which likely encompass online media, were
added to provisions that protect freedom of expression and concomitantly allow for its limitation
during states of emergency (Article 15). With regard to the right to privacy, judicial approval was
added as a precondition for censorship or confiscation of private communications (Article 18).51
Despite constitutional protections, several laws that hinder freedom of expression and access to
information remain on the books. These include the 1959 Contempt of Court Law, the 1960 penal
code, the 1971 Protection of State Secrets and Classified Documents Law, the 1992 Defense Law,
the 1998 Jordan Press Association Law, and the 1999 Press and Publications Law. Despite the
passage of an Access to Information Law in 2007, a number of restrictions remain on requesting
socially- and religiously-sensitive content.52 In September 2011, the lower house of parliament
passed an amendment to the countrys Anti-Corruption Law, which would have penalized the
publication or dissemination of allegations of corruption without proof with fines ranging from
47
LawLibraryofCongress(2012,December3)Jordan:ConstitutionalLawCourtNewlyEstablishedinJordan.AccessedJune26,
2013.http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403416_text
48
AlialRawashdah,Jordanapprovesconstitutionalamendments,AlShorfa,October5,2011,http://al
shorfa.com/cocoon/meii/xhtml/en_GB/features/meii/features/main/2011/10/05/feature01.
49
DailyStar(2012,October7)JordansKingAbdullaSetsupaConstitutionalCourt.AccessedJune26,2013.
http://www.dailystar.com.lb/News/MiddleEast/2012/Oct07/190450jordanskingabdullahsetsupconstitutional
court.ashx#axzz2XGFGrzWz
50
KingAbdullaIIwebsite(2013,June6)JordanEnactsNewPoliticalParties,ConstitutionalCourtLaws.accessedJune26,2013.
http://www.kingabdullah.jo/index.php/en_US/news/view/id/10139/videoDisplay/1.html.
51
ConstitutionofJordan,1952,http://www.mpil.de/shared/data/pdf/overview_amendments.pdf;Jordan,MaxPlanck
InstituteforComparativePublicLawandInternationalLaw,lastupdatedMay4,2012,
http://www.mpil.de/ww/en/pub/research/details/know_transfer/constitutional_reform_in_arab_/jordanien.cfm.
52
Forexample,thelawbarspublicrequestsforinformationinvolvingreligious,racial,ethnic,orgenderdiscrimination(Article
10),andallowsofficialstowithholdalltypesofclassifiedinformation,averybroadcategory(Article13)ArabArchivesInstitute,
SummaryoftheStudyonAccesstoInformationLawinJordan,June2005,
http://www.alarcheef.com/reports/englishFiles/accessToInformation.pdf.
JORDAN

JOD 30,000 to JOD 60,000 ($42,000 to $84,000).53 However, in January 2012, the upper house
of parliament rejected the controversial article following advocacy efforts by civil society groups
and threats by the board of the Jordan Press Association to resign.54
The 2010 cybercrime law proscribes penalties for hacking and online identity theft, though it also
contains several provisions that could be easily used to suppress online expression. For example,
the new law prohibits posting any information concerning national security, foreign affairs, the
national economy, and public safety that is not already available to the general public. Nevertheless,
following protests by civil society, several more egregious provisions related to defamation and
warrantless police searches were removed by royal decree in September 2010, one month after the
law was passed.55
Defamation remains a criminal offense under the penal code. Amendments to the press law enacted
in 2010 abolished prison sentences for libeling private citizens. However, the same bill increased
fines and jail sentences for defaming government officials to up to JOD 10,000 ($14,000) and three
to twelve months imprisonment.56 On April 25, 2013, Mohammad Asha al-Dawaymeh, a
parliamentarian from the Islamist Centrist Party, filed a suit against the website Ammon News for
publishing news about a visit to Israel he made earlier this year.57 He was later expelled from his
political party over the visit, during which he reportedly attended a reception with Israeli President
Shimon Peres to celebrate Israels Independence Day.58
For the most part, Jordanian authorities have not made use of these laws to severely punish
domestic political opponents, though some online commentators have faced legal harassment.59 In
the past, several online journalists were brought before the military-dominated State Security
Court (SSC) on charges related to their writings. In July 2011, Jordanian journalist Alaa Fazzaa
was arrested for working to change the constitution by unlawful means after he reported about a
Facebook group supporting reinstatement of Prince Hamza, King Abdullahs half-brother, as crown
53
YahyaShakir,Article23oftheAntiCorruptionLawaimedatburyingtheopposingviewsinthebud[inArabic],
Alarabalyawm,http://alarabalyawm.batelco.jo/pages.php?articles_id=17077;
54
Jordanjournalistsprotestanticorruptionbill,KhaleejTimes,September28,2011,
http://www.khaleejtimes.com/darticlen.asp?xfile=data/middleeast/2011/September/middleeast_September568.xml&section=
middleeast;WaelJaraysheh,SenateReturnsControversialAntiCorruptionLaw,DodgingDeliberationsAgain,AmmonNews,
December8,2011,http://en.ammonnews.net/article.aspx?articleNO=14876;JordanianSenateRejectsArticle23oftheAnti
CorruptionLaw,SKeyesNews,January16,2012,http://www.skeyesmedia.org/en/News/Jordan/JordanianSenateRejects
Article23oftheAntiCorruptionLaw.
55
InternationalFreedomofExpressionExchange(IFEX),Governmentyieldstoprotests,modifiescybercrimeslaw,news
release,September3,2010,http://ifex.org/jordan/2010/09/03/cyber_crimes_law/;OfficialWebsiteofthePrimeMinistryof
theHashemiteKingdomofJordan[inArabic],
http://www.pm.gov.jo/arabic/index.php?page_type=gov_paper&part=3&id=5056.
56
IREX,IntroductiontoNewsMediaLawandPolicyinJordan,May2011,pg38,
http://www.irex.org/sites/default/files/Media%20Law%20and%20Policy%20Primer%20(English).pdf.
57
SarahaNews(2013,April26)AfterheissecretwasrevealedbyAmmonNewsAlAshagoestodefamethewebsite.accessed
June26,2013http://www.sarahanews.com/?p=33472
58
JordanianMPexpelledforIsraelvisit,UPI,April22,2013,http://www.upi.com/Top_News/World
News/2013/04/22/JordanianMPexpelledforIsraelvisit/UPI45941366623316/.
59
OulaFarawati,JordansNewsWebsitesRunningforLegalCover,Menassat,March11,2009,
http://www.menassat.com/?q=ar/comment/reply/6143.
JORDAN

prince.60 He was released several days later. That same year, Fazzaa also faced prosecution for an
article he authored on the news website Khabarjo in which he accused senior officials of
inappropriately allowing convicted business tycoon Khalid Shahin to leave the country.61 The
charges against Fazzaa were later dropped as part of a general amnesty.62
Jordanians are careful when talking on mobile phones or at public meetings. This attitude has
passed naturally to the internet, where it is believed that security services closely monitor online
comments, cataloging them by date, internet-protocol (IP) address, and location. In a 2010 case
that strengthened these suspicions, Jordanian college student Imad al-Ash was sentenced to two
years in prison after security forces accused him of insulting the king in an instant message to a
friend and posting controversial religious opinions in public online forums.63 He was subsequently
released after a royal pardon.
Cybercafes, where users might otherwise write with relative anonymity, have been subjected to a
growing set of regulations in recent years. Since mid-2010, operators have been obliged to install
security cameras to monitor customers, who in turn must supply personal identification
information before they use the internet. Cafe owners are required to retain the browsing history
of users for at least six months.64 Authorities claim these restrictions are needed for security
reasons. Although enforcement is somewhat lax, the once thriving cybercafe business is now in
decline due in part to the restrictions, as well as increased access to personal internet connections.
Over the past year, incidents of physical harassment and cyberattacks against bloggers and staff of
online news websites have continued, though they have decreased in severity since last year.
Jordanian policemen targeted journalists with teargas during protests in Amman in November
2012.65 Unknown perpetrators raided the offices of the online news site Watan on July 17, 2012,
stealing documents and damaging equipment.66 The webpage of the news sites Khaberni and Al Ain
were hacked in March and October 2012 respectively, while the site of the Jordanian rap group
Ahat was also hacked on September 15, 2012.67
60
JamesM.Dorsey,AssadCriticismIsolatesIran,FailstoTackleKeyIssues,MidEastPosts,September8,2011,
http://mideastposts.com/2011/08/09/assadcriticismisolatesiranfailstoaddresskeyissues/.
61
AFP,Jordanfreesjournalistheldforunderminingthrone,GoogleNews,
http://www.google.com/hostednews/afp/article/ALeqM5gqpn0B98i6cWhwxx2TJvrRGILmFg?docId=CNG.7e8c9b730d578a188e
3f19c677e0e598.131.
62
JamesM.Dorsey,AssadCriticismIsolatesIran,FailstoTackleKeyIssues,MidEastPosts,September8,2011,
http://mideastposts.com/2011/08/09/assadcriticismisolatesiranfailstoaddresskeyissues/.
63
AhmadAlShagra,JordanianStudentSentencedto2YearsOverIM,TheNextWeb,July19,2010,
http://thenextweb.com/me/2010/07/19/royalashjordanianstudentsentencedtojailfor2yearsoverim/.
64
InternationalFreedomofExpressionExchange(IFEX),Cybercrimelawattacksfreeexpression;Internetcafsmonitored,
NewsRelease,August18,2010,http://www.ifex.org/jordan/2010/08/18/cyber_cafe/;Interiorrequiresinternetcafestoinstall
surveillancecamerasandkeepinternetvisitsformonths[inArabic],SarayaNews,June3,2010,
http://www.sarayanews.com/objectarticle/view/id/23211.
65
Talhouk(2012).
66
Report:increasingattacksonjournalistsinJordan,mostlyfromthesecurity,[translated]SatelNews,July8,2012,see
http://bit.ly/15WAUGB.
67
PressandCulturalFreedominLebanon,Syria,JordanandPalestineAnnualReport2012,SKeyesCenterforMediaand
CulturalFreedom,2013,
http://foundationforfuture.org/en/Portals/0/Grantees%20Publications/SKeyes%202012%20Annual%20Report%20EN.pdf.
JORDAN
KAZAKHSTAN
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
15
23
20
58
15
23
21
59


In December 2012, a court order banned four of the main opposition media outlets and
any websites that reproduced their content (see LIMITS ON CONTENT).
The effective use of online tools to mobilize support for political and social campaigns in
response to government policies continued to grow (see LIMITS ON CONTENT).
The first case of libel charges being brought to court for material posted online occurred
in January 2013 (see VIOLATIONS OF USER RIGHTS).
KAZAKHSTAN

INTRODUCTION
For the past few years, Kazakhstans government has been steadily declaring information and
communication technologies (ICTs) a developmental priority. In 2012, however, the relevant state
bodies were comparatively quiet regarding this issue, partly because the most dynamic period of the
boom is already over, and partly because of the authorities heightened cautiousness regarding the
potential evils and virtues that online opportunities bear in the autocratic society.
The Ministry of Transport and Communications continues its efforts to promote the introduction
of more advanced ICTs and the improvement of e-government services. Other state entities have
enhanced their websites, including the official website of the president of Kazakhstan, which was
redesigned in the summer of 2012 to include official YouTube, Facebook, and Twitter accounts.1
The national telecommunications operator, Kazakhtelecom, and its business rivals are fiercely
competing for new subscribers to their internet services, modestly improving their access speeds
and providing some additional services.
In February 2013, the minister of culture and information, Mukhtar Kul-Mukhammed, stated that
future government procurement contracts in the media sphere would be redistributed to favor
more web-based publications.2 At approximately the same time, State Secretary Marat Tazhin,
while criticizing the work of state-owned traditional media, expressed the need for a new
information policy that would create a database of popular domestic and foreign analysts, bloggers,
and moderators of social network communities.3 It remains unclear if the official's demands were
met or not, and the first posts about his comments were deleted from the news wires.
The authorities clearly fear the internets democratizing potential and, in addition to the legally
endorsed practice of blocking certain websites over the past few years, the authorities have passed
additional terrorism-related legislation to acquire broader control over the media, a continuation of
the previous year's national security amendments that solidified state control over information
distributed via both traditional and online media. The trend stemmed from a number of bombings
attributed to religious extremists in 20114 and a state of emergency declared after violent clashes
between oil strikers and police in the town of Zhanaozen (western Kazakhstan) in December 2011.5
The most visible and worrying development in the sphere of stifling internet and media freedom is
also related to the Zhanaozen eventsparticularly, the controversial trial of the riot's alleged
1
OfficialSiteofthePresidentoftheRepublicofKazakhstan,accessedJuly2,2013,http://www.akorda.kz/en/mainpage
[Distributionofstateinformationprocurementcontractswillbestrictlytiedtotheratingofmediaoutlets],
Kazinform,February25,2013,http://inform.kz/rus/article/2537802.
3
MakpalMukankyzy,[BloggersinventedthetermTazhin's
list],February27,2013,Azattyq.org,http://rus.azattyq.org/content/blogerykritikuyutinitsiativumarata
tazhina/24913675.html.
4
JoannaLillis,Kazakhstan:AstanaJoltedbyTerrorIncidents,EurasiaNet,November16,2011,
http://www.eurasianet.org/node/64529.
5
Kazakhauthoritiescensornewsondeadlyclashes,CommitteetoProtectJournalists,December20,2011,
http://cpj.org/2011/12/kazakhauthoritiescensornewsondeadlyclashes.php.
2
KAZAKHSTAN

instigators6 that included activists from the unregistered opposition party, and a court decision to
ban the print and online media outlets associated with the opposition newspaper Respublika.7 In
another case, a major independent online publication, Guljan.org, faced a wave of civil and
administrative suits, including charges resulting in huge moral damage claims, and was eventually
banned by an obscure court decision following a prosecutor's demand.8
OBSTACLES TO ACCESS
Internet access has grown exponentially in Kazakhstan, increasing from a 4 percent penetration rate
in 2007 to 53.3 percent in 2012, according to the International Telecommunication Union.9
Official government statistics cite a penetration rate of nearly 60 percent as of May 2012,10
although experts have consistently questioned these official statistics over the past few years, citing
a lack of clarity in the methodology.11 The independent think tank Profit Online argues that the
penetration level could be up to 70 percent, if one counts the number of devices that connect to the
internet in a one month period, due to the rapid surge in usage of affordable internet-enabled
mobile gadgets. However, the number of real users would be much lower, around 50 percent
(monthly internet users), while the core usage (users accessing internet at least several days a week)
would be formed by a pool of 2.5 million Kazakhstanis (around 16 percent of the total
population).12
Despite these discrepancies in statistics, the access trends clearly indicate a steady escalation in
internet use. A growing number of people prefer to go online from home, alongside widening
access at educational institutions, libraries, workplaces and public places (malls, restaurants, and so
forth). Internet speeds offered by the state-run operator Kazakhtelecom and private internet service
providers (ISPs) have increased at a slow but steady pace. Prices remain relatively high for the
majority of the population, but both Kazakhtelecom and the Ministry of Transport and
Communication continue working together to decrease connection and usage fees, including prices
on wholesale web traffic for other ISPs, thus boosting competition on the market.13
Kazakhstanoppositionleaderjailed,BBC,October8,2012,http://www.bbc.co.uk/news/worldasia19873237.
AlmatyCourtBacksClosureOfOppositionNewspaper,Websites,RFE/RL,December25,2012,
http://www.rferl.org/content/almatycourtbacksmediaclosures/24808018.html.
8
Courthasmaderuletosuspendwebsitewww.guljan.orgonthreemonthsbyunknownreasons,AdilSoz,December5,2012,
http://bit.ly/1bRAVyU.
9
InternationalTelecommunicationUnion(ITU),PercentageofindividualsusingtheInternet,2006&2012,accessedJuly7,
2013,http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx
10
NumberofKazakhstan'sinternetusersgrew,[InRussian]Meta.kz,May4,2012,http://meta.kz/other/708136v
kazahstanevyroslokolichestvopolzovateleyinterneta.html.
11
...,[InsufficientlevelofInternetpenetration...]Zakon,May8,
2010,http://www.zakon.kz/171765nedostatochnovysokijjuroven.html.
12
70%[InternetpenetrationrateinKazakhstanreaches70percent],
February29,2012,http://www.profit.kz/news/8307ProniknovenieinternetavKazahstanedostiglo70
procentov/#.UQokXx002wR.
13
PriceofinternetaccesstobedecreasedfromJanuary1,[InRussian]Forbes.kz,December28,2012,
http://forbes.kz/process/technologies/tsenyi_na_dostup_v_internet_snizyat_s_1_yanvarya.
7
KAZAKHSTAN

Unlimited broadband subscriptions currently cost $25 to $30 per month (basic tariffs offer 3Gb to
10Gb of traffic for a fee of $12 to $20), compared to the average monthly income of approximately
$660 as of October 2012.14 Internet packages for most fixed-line subscribers in Kazakhstan are broken
into a two-tiered system: access to information hosted inside the country is unlimited, but for
content hosted outside of the country, contracts usually have a quota on traffic. If the quota is
exceeded, the connection speed slows down; normally no extra fee is charged.
Mobile phone penetration is significantly higher than internet usage, with a penetration rate of 159
percent in 2012 (an increase of 30 percent since 2010), with 40 percent of those subscribers
accessing the internet from their phone.15 Mobile telecom operators increasingly compete on the
market of internet access both with each other and with other ISPs since the launch of 3G in late2010. A growing number of people are accessing the internet on their mobile phones, tablet
computers, or regular computers with USB modems. In January 2013, ALTEL, a Kazakhtelecom
subsidiary, launched a 4G LTE network that is currently available in Astana and Almaty.16
Since 2009, WiMAX networks have also become available in Kazakhstan, mostly enjoying
corporate clientele. The number of free Wi-Fi hotspots in public places has been growing, mostly
in the larger cities, while internet cafes still enjoy a stable customer base, especially when they are
part of a chain with computer gaming as a primary source of business. Following government
instructions, Kazakhtelecom has set up public hotspots and terminals within government agencies
for public access free of charge, but the stations only provide access to e-government services and
websites.
Kazakhstans .kz top-level domain was introduced in 1994. Currently there are more than 71,000
domains registered in the Kazakhstani segment of the internet, dubbed KazNet, but only about 25
percent of them are active,17 and even fewer receive at least 100 visitors per day.18 The government
has initiated several programs to stimulate internet use, lower the digital divide, improve websites
of state-owned and state-funded institutions, and expand e-government functions.19
Social-networking platforms and other Web 2.0 applications are increasingly popular in
Kazakhstan. The government has invested substantial funding into creating local websites and
online services, including a national social network, although this site failed to generate any
worthwhile user basis. The most accessed online resources from Kazakhstan remain foreign ones,
especially Russian-based social-networking sites like Mail.ru, Vkontakte.ru and Odnoklassniki.ru,
multiservice portals like Google and Yandex, and YouTube. Facebook, Wikipedia, and Twitter are
14
[AverageMonthlyIncome],Mojazarplata.kz,accessedJanuary31,2013,
http://mojazarplata.kz/main/sredniezarabotnyeplaty.
15
NumberofcellphoneusersinKazakhstangrewby30percent,[InRussian]June25,2012,http://www.profit.kz/news/8692
KolichestvoabonentovsotovojsvyazivKazahstaneuvelichilosna30/#.UQoxZB002wQ.
16
Altellaunchescommercialuseof4G,[InRussian]Iport.kz,December25,2012,http://iport.kz/blog/kaznet/3256.html.
17
BeknurKissikov,[NonKazakhstaniKazNet],Vlast.kz,may11,2012,http://vlast.kz/?art=407
18
ChulpanGumarova,[Quantitydoesnotmeanquality],Kapitalnewspaper,January18,
2012,http://www.kapital.kz/gazeta/biznes/429320120118165032.html.
19
20102014
,[ProgramonDevelopmentofInformationandCommunicationTechnologiesintheRepublicofKazakhstanfor2010
2014],September29,2010,http://www.mtk.gov.kz/images/stories/contents/otr_prog_834_20072011.doc
KAZAKHSTAN

also growing in popularity. The most visited Kazakh site (or site with a .kz domain) as of January
2013 was the automobile-related classified ads site Kolesa.kz, followed by the multifunctional
portal Nur.Kz, which were ranked at 12th and 14th place, respectively, out of all sites accessed
within the country.20
In December 2011, two days before the Zhanaozen riots, the parliament adopted amendments and
addendums to the Law of National Security, which reserve the governments right to forcibly
suspend communications services during counter-terrorist operations or the suppression of mass
riots (Article 23.4).21 The amendments came into force in January 2012. That same month, the
president signed amendments and addendums in the legislation governing intellectual property
rights that criminalizes the illegal use of copyrighted material (punishable by one year in prison) and
the organized distribution of such material through a file-sharing hub (punishable by five years in
prison).22 Critics argue that the laws formulations are vague and its punishments harsh, leaving
room for selective and arbitrary enforcement, including against civil society groups or opponents of
the government. When they came into effect in January 2012, these amendments forced all major
peer-to-peer file exchange services (torrent trackers) to shut down and re-register URLs outside of
the .kz domain zone.23
The state owns 51 percent of Kazakhtelecom, the largest ISP, which holds a 70 percent share in the
internet access market.24 Another five operators are licensed to connect to the international
internet, but they are required to channel at least part of their traffic through Kazakhtelecoms
backbone network facilities infrastructure.25 Over 100 other ISPs operate in Kazakhstan, but have
to purchase traffic via the above-mentioned six main providers. Kazakhtelecoms dominance over
market and data transfer routes creates conditions for systemic content filtering. In addition, the
law requires all ISPs to implement blocking of specific web content if a court finds the content
illegal.
As of April 2013, there were four mobile telephone providers in Kazakhstan, three of which use
the GSM standard (GSM Kazakhstan, Beeline, and TELE2) and one that uses CDMA/4G (ALTEL).
Currently, all GSM operators are owned privately, with large foreign participation in ownership.
Kazakhtelecom holds 100 percent of the shares of ALTEL, the first mobile operator in Kazakhstan.
It was established in 1994 as a joint venture with British partners and has repeatedly changed
20
TopSitesinKazakhstan,Alexa,accessedJanuary31,2013,http://www.alexa.com/topsites/countries/KZ.
[TheLawonNationalSecurity],Zakon.kz,
July10,2012,http://online.zakon.kz/Document/?doc_id=31106860&mode=all.
22
SeefulltextofthelawpublishedbytheKazakhstanskayaPravdanewspaper'swebsiteonJanuary12,2012,
http://kazpravda.kz/_pdf/jan12/200112law.pdf,accessedJanuary24,2012;NateSchenkkan,Kazakhstan:CouldCopyright
CrackdownBeNextFrontierinCurbingDissent?Eurasianet.org,February14,2012,http://www.eurasianet.org/node/64998.
23
[ThreetorrenttrackersclosedinKazakhstan],February1,2012,
http://www.today.kz/ru/news/science/20120201/58802
24
KazakhstanStockExchange,http://www.kase.kz/ru/emitters/show/KZTK;Kazakhtelecompresentation,KazakhtelecomJSC
nationaloperatoroftelecommunicationsinKazakhstan,2011,pg.22,accessedonJanuary24,2012,
http://www.telecom.kz/download/Presentacia1.pdf.
25
OpenNetInitiative,CountryProfile:Kazakhstan,AccessControlled,accessedSeptember23,2010,http://www.access
controlled.net/wpcontent/PDFs/part2/007_Kazakhstan.pdf.
21
KAZAKHSTAN

ownership since then, but was fully taken over by the national telecom operator when they
purchased a stake for the remaining 50 percent in 2006.
Several bodies regulate the ICT sector, with the main regulators being periodically reorganized.
The most recent shift in January 2012 gave the responsibility for the technology infrastructure
sector to the Ministry of Transport and Communications, while entrusting regulation of
information-related issues to the Ministry of Culture and Information. Until that point, both
functions were filled by the reorganized Ministry of Communications and Information, whose head
became the minister for transport and communications and remained such as of January 2013.
The .kz top-level domain name is managed by a registry, the Kazakhstani Network Information
Center (KazNIC), and the Kazakhstani Association of IT Companies. Both were created in 2004
2005 as formally nongovernmental organizations, but in practice, they are believed to be under
close control of the authorities and have been known to make politicized decisions on registration
and deregistration of the domain names.26 The government demands that any website with a .kz
country domain must physically host its servers within the territory of Kazakhstan. Such regulations
were introduced in April 2005, but the authorities undertook steps to fully enforce the regulation
only in September 2010. The move prompted several controversies, the most prominent of which
took place in June 2011, when Google chose to redirect all of the traffic from its localized
Google.kz page to Google.com rather than comply with the demand to move its servers incountry, which it said would contribute to a fractured internet and ultimately harm Kazakhstani
users.27 Shortly after the dispute became public, the government retreated and the Kazakhstani
Association of IT Companies explained that the rule applies only to domain names registered after
September 7, 2010.28
LIMITS ON CONTENT
In the past, the Kazakhstani governments online censorship practices were mostly secretive, as
well as selective, sporadic, and inconsistent. From 2009 through early 2013, however, these
practices became more institutionalized, particularly through the enactment of legislation. In
addition, filtering practices expanded from Kazakhtelecom to other ISPs, and the authorities sought
to undermine the effectiveness of circumvention tools. The courts also started issuing decisions to
block websites in a frequent and dense manner, banning dozens of websites at a time, mostly on the
grounds of religious extremism.
The most recent country report on Kazakhstan by the OpenNet Initiative (ONI) in December 2010
stated that access was blocked to some opposition...websites, regional media sites that carry
26
OpenNetInitiative,CountryProfile:Kazakhstan.
ChangestotheopenInternetinKazakhstan,OfficialGoogleBlog,June7,2011,
http://googleblog.blogspot.com/2011/06/changestoopeninternetinkazakhstan.html.
28
Google.kz[Google.kzreturrnedtoKazkahstan],Tengrinews.kz,June15,2011,
http://tengrinews.kz/internet/190571/.
27
KAZAKHSTAN

political contentselected social networking sites, [and] a number of proxy sites.29 Reporters
Without Borders monitoring results, published in 2012, indicated that a handful of websites
deemed extremist were blocked despite the fact that much of the content found on these sites had
nothing to do with terrorism or religious extremism.30 International news sites such as the BBC, the
New York Times, RFE/RL (including Azattyq, its Kazakhstan subsidiary), and websites of
international organizations such as Human Rights Watch and Freedom House are available.
Web 2.0 applications have been periodically blocked in Kazakhstan in recent years, though the
government has not always admitted their intent behind the restrictions. The international bloghosting platform LiveJournal was blocked for over two years from October 2008 to November
2010 by the two largest ISPs, the state-owned Kazakhtelecom, and Nursat.31 The impetus for the
block was ostensibly to restrict access to politically sensitive content related to President
Nazarbayevs former son-in-law, Rakhat Aliyev.32 The platform was unblocked after the disputed
blog was frozen by LiveJournal administrators,33 yet blocked again in August 2011, under claims
that some accounts contained religious extremism.34 A LiveJournal spokesperson stated that the
company had never received any official notice from the Kazakhstan government identifying certain
accounts as extremist and requesting their removal, an action the blog-hosting provider claimed it
would take if the concerns were found to be legitimate.35 The site remained inaccessible from
Kazakhstan as of January 2013.
In February 2011, a district court in Astana banned two Wordpress-based blogs for disseminating
content related to religious extremism, but this resulted in the blocking of the entire platform.36 It
is not fully clear when the access was restored; the disputed blogs are no longer available.
Currently, Kazakhstani users can access Wordpress.com, but certain blogs hosted by it are
inaccessible. Individual user pages on Blogspot.com could be accessed at the time of preparing this
report.
29
OpenNetInitiative,CountryProfile:Kazakhstan.
Kazakhstancountryprofile,ReportersWithoutBorders,March12,2012,http://en.rsf.org/kazakhstankazakhstan1203
2012,42073.html
31
KarimToktabayev,1000and1nightswithoutLiveJournal[inRussian],Profit.kz,October9,2012,
http://www.profit.kz/articles/18561000i1nochbezZhivogoZhurnala/#.UZpwPMo1r31
32
RakhatAliyev,Nazarbayevsformersoninlaw,hadservedintoppositionsinthecountry'ssecretservicesanddiplomatic
service.Hehadlargebusinessandmediaholdingsbeforedefinitivelyfallingoutoffavorwiththepresidentandhisfamilyin
2008afterhehadfacedmultiplechargesofabduction,financialcrimesandacoupattempt.Havingfledabroad,Aliyevbegan
airinginsideinformationandallegations,inthetraditionalmediaandonline,inanefforttodiscreditthepresident.Materials
relatedtoAliyevhavebeensystematicallyfiltered,andrepublicationofexcerptsfromhisbookGodfatherinlawisofficially
banned.ManyobserversbelievethatNazarbayevsconflictwithAliyevwastheprimaryreasonforthefirstblockageof
LiveJournalinKazakhstan,andalsoacceleratedadoptionoftheinternetrelatedlegalamendmentsin2009.
33
AdilNurmakov,Kazakhstan:LivejournalUnblockedAfter2YearsofFiltering,GlobalVoicesOnline,November17,2010,
http://globalvoicesonline.org/2010/11/17/kazakhstanlivejournalunblockedafter2yearsoffiltering/.
34
Kazakhstanblockswebsitestobattlereligiousextremism,Neweurasia.net,September9,2011,
http://www.neweurasia.net/mediaandinternet/kazakhstanblockswebsitestobattlereligiousextremism/.
35
LiveJournalportal,severalblogssuspended,IFEX,September2,2012,
http://www.ifex.org/kazakhstan/2011/09/02/livejournal_suspended/.
36
SvetlanaGlushkova,[Wordpressportalwasclosedbecauseoftwo
blogs],Azattyq.org,July12,2011,http://rus.azattyq.org/content/worldpress_kazakhtelecom_blocking_blog_/24262786.html.
30
KAZAKHSTAN

On December 14, 2012, internet users complained about having trouble accessing Facebook from
approximately 3:00 p.m. to 6:00 p.m. Reportedly, the problem was present with various ISPs, but
even subscribers of the same provider reported having unequal access to the site. Kazakhtelecom
and Beeline denied any involvement.37 Coincidentally, though, Mukhtar Ablyazov, a former owner
of a major bank and sponsor of a number of opposition organizations and media outlets, and who is
currently being prosecuted internationally for gross financial fraud, had announced earlier that he
would hold an online Q&A session on Facebook at exactly 3:00 p.m. that day.38
In 20112012 Kazakhtelecom users had persistently reported difficulties in accessing some of
Googles services, including the ability to download attachments sent in Gmail, the Picasa image
bank, Google Translate's URL translation function, and others.39 The cause of the problem was
unclear and was never specifically explained by Kazakhtelecom officials, although the problem
ceased to exist in September 2012, reportedly after Google started using local servers to cache
webpages and thus enhance its search services.40 In the spring of 2012, users periodically reported
the inaccessibility of several web-based live video broadcasting sites, particularly Ustream.tv and
Bambuser.com.41 The latter site remained blocked as of January 2013.
A package of legislative amendments adopted in July 2009, which received significant domestic and
international criticism, granted the state broad authority to block access to foreign online resources
whose content is deemed to run counter to national laws. The amendments declared that the
internet and all websitesreferred to as internet resourceswere to be considered media
outlets, without differentiating between news sites, blogs, chat rooms, and so forth. The
amendments also granted the state the power to suspend or shut down websites hosted within
Kazakhstan, including any website with content deemed harmful to the interests of the public and
the state. Foreign websites can be shut down by a court decision made in absentia of the website
representative and does not require further notificationto the public or the website owner
about why the website is blocked.
Under these amendments, all ISPs are required to ensure blockage of banned websites, and the
owners of internet resources are responsible for any content, posted either by themselves or
other users, that is deemed illegal under Kazakhstans civil, criminal, or administrative laws.42 The
law stipulates that filtering of websites could be applied only with a court decision, though this
requirement is not always observed in practice. The amendments have resulted in tighter
37
Facebook[Kazakhstanscouldn'taccessFacebook],December14,2012,
http://tengrinews.kz/internet/kazahstantsyinemoglizaytinaFacebook225220/
38
SeeFacebookposthttps://www.facebook.com/mukhtar.ablyazov/posts/217723715028863
39
SeeGoogleHelpforumthread(inRussian)athttps://groups.google.com/a/googleproductforums.com/forum/#!category
topic/gmailru/????????????/dJV0yhvaG08,accessedJanuary31,2013.
40
Google()[UnblockingtheGoogleservices(update)],September2,2012,
http://www.fateyev.com/ru/blog/2012/google_services_unlock_update
41
KazakhstanAnotherregimeblocksBambuser,April19,2012,http://blog.bambuser.com/2012/04/kazakhstananother
regimeblocks.html
42
,[Parliamentadoptedlawto
increasecontroloverinternetresourcesinKazakhstan],Zakon.kz,June24,2009,http://www.zakon.kz/141606parlament
prinjalzakonusilivajushhijj.html.
KAZAKHSTAN

censorship, ending the phenomenon whereby users could still access pages blocked by
Kazakhtelecom via alternative operators.
For some time, the 2009 legal amendments stood unimplemented, but after a series of suicide
bombings in 2011, several court decisions were issued ordering the blocking of websites for reasons
of religious extremism. In August 2011, a court decision blocked access to LiveJournal and 11
other websites based on claims that the websites or certain webpages were disseminating content
with signs of religious extremism.43 In 2011, access to 125 websites was blocked in Kazakhstan for
carrying content related to religious extremism.44 In November 2012, the National Security
Committee stated that courts in Kazakhstan had banned access to nearly 950 websites in 2011
2012 for propaganda relating to terrorism, violence, and extremism, and over 150 more websites
were undergoing court examinations.45
Despite these legal precedents, the filtering of websites without court decisions continues. In
March 2010, the Computer Emergency Response Team (CERT) was established in Kazakhstan and
operates as a governmental body under the Ministry of Communications. In contrast to many of its
foreign counterparts, whose mandate is restricted to address only technical incidents, Kazakhstans
CERT also aspires to fight destructive content and political extremism by blacklisting and
banning certain sites.46 In March 2010, when probed about the transparency of their work, a CERT
spokesperson said that the teams activities, including its criteria for blacklisting and the lists of
blocked websites, is considered secret.47
According to Google's 2012 global report on government-initiated content removal requests,
Kazakhstan made two requests in the first half of 2012 regarding the removal of 17 elements from
Blogger.com and Youtube.com on the grounds that the material contained threats to national
security, in one case, and unacceptable levels of violence in the other. In both cases the requests
arrived from the law enforcement bodies without a court decision.48
One of the most notable cases of blocking over the past few years has been the restrictions placed
on the main website of Respublika, an opposition weekly paper that, as both an online and print
publication, faced repeated charges and pressures throughout the last decade. In 2012, after the
trials over the alleged organizers of riots in Zhanaozen concluded with either a conviction or an
admission of guilt, the media outlets close to the Alga Party (financed by the exiled oligarch,
43
Kazakhstanblockswebsitestobattlereligiousextremism,Neweurasia.net,September9,2011,
http://www.neweurasia.net/mediaandinternet/kazakhstanblockswebsitestobattlereligiousextremism/.
44
125[Kazakhstanclosedaccessto125websites],Tengrinews.kz.October1,2011,
http://tengrinews.kz/kazakhstan_news/198106/.
45
[Kazakshstan'sNSCresolvestheissueof
extremistwebsitesbanthroughtheMFA],Tengrinews.kz,November14,2012,http://tengrinews.kz/kazakhstan_news/knb
kazahstanacherezmidreshaetvoproszakryitiyaekstremistskihsaytov223419/
46
[Checksof'undue'websitesstartedinKazkahstan],Nur.kz,
March1,2010,http://news.nur.kz/144920.html.
47
[Computeremergencyresponseteam
toldaboutitswork],Zakon.kz,March25,2010,http://www.profit.kz/articles/001196/.
48
GoogleTransparencyReport:Kazakhstan.
http://www.google.com/transparencyreport/removals/government/KZ/?metric=compliance&by=product
KAZAKHSTAN

Mukhtar Ablyazov) were charged with deliberate fomentation of the riots and were shut down in an
unprecedented move. In November 2012, the Almaty city prosecutor's office filed four suits,
asking the court to ban Respublika, the newspaper Vzglyad, the satellite TV channel K+, and the Stan
TV video news site (the latter two are entities registered in Russia and Kyrgyzstan, respectively).49
Three of the suits included the request to ban both the publication and the resources that duplicate
it, meaning the outlet's websites and accounts in blogging or social networking sites.50 The fourth
suit targeted Respublika, and considered 8 print publications and 23 websites as the single media
outlet titled Respublika. Prosecutors alleged that the analysis revealed presence of propaganda of
violent overthrow of government and undermining of state security in their content.51 No
journalist or editor was convicted, but the court forbade the editorial collectives to reunite in any
new media outlet.
The court ordered the suspension of the distribution of the Respublika newspaper on the same day
that the suit was filed.52 According to a Respublika representative, the Almaty prosecutor's office
also listed Google, Facebook, Twitter, and LiveJournal as defendants.53 A spokesman from the
office of the general prosecutor refuted this claim and stated that those sites were mentioned only
in relation to certain pages and blogs mirroring Respublika and Vzglyad, while the administrators of
Facebook and other sites would be requested to delete or block the appropriate pages, while access
to Facebook itself would not be blocked.54 By the end of 2012 the courts had finished considering
the cases and ruled to fully satisfy the prosecutor's suits by banning the media outlets,55 causing a
tide of condemnation from international rights watchdogs, domestic journalists, and media
defenders.
In addition, the online newspaper and investigatory whistleblower Guljan.org, which is sympathetic
to the countrys opposition, has repeatedly been charged with libel by state officials. In February
2012, the wife of Kazakhstan's financial police chief won a case seeking KZT 5 million ($33,300) in
moral damages for alleged defamation. The court ruling threatened to jeopardize the website with
bankruptcy, but by the end of the year the fine was repaid.56 However, on December 4, 2012, the
Bostandyk district court in Almaty considered the prosecutor's request to suspend Guljan.org and
agreed to ban it for three months. The court hearing was conducted without the participation of the
defendants or their representatives, and both the prosecutor's request and the judge's ruling did not
49
Mainoppositionmediasilencedinspaceofamonth,ReportersWithoutBorders,December28,2012,
http://en.rsf.org/kazakhstanmainoppositionmediasilencedin28122012,43751.html
50
[AlmatyProsecutors
BringChargesagainstseveralKazakhstaniandforeignmedia],Gazeta.kz,November21,2012,gazeta.kz/art.asp?aid=373227
51
[Prosecutorsaskcourttobanseveralopposition
mediaoutlets],Tengrinews.kz,November21,2012,http://m.tengrinews.kz/ru/kazakhstan_news/223826
52
[AlmatycourtsuspendsdistributionofRespublika
newspaper],November23,2012,http://news.gazeta.kz/art.asp?aid=373369
53
AlmatyprosecutorsfiledlawsuitsagainstGoogle,FacebookandTwitter,November23,2012,
http://en.tengrinews.kz/crime/AlmatyprosecutorsfiledlawsuitsagainstGoogleFacebookandTwitter14715/
54
KazakhstanGeneralProsecutor'sofficedeniesfilinglawsuitsagainstGoogle,FacebookandTwitter,November23,2012,
http://en.tengrinews.kz/internet/KazakhstanGeneralProsecutorsofficedeniesfilinglawsuitsagainstGoogle14731/
55
.?[Respublikaistobeclosed.What'snext?],December25,2012,
http://rus.azattyq.org/content/respublikaoppositionalpresstrialverdict/24808192.html
56
InterviewwithMr.AyanSharipbayev,journalistoftheGuljan.orgwebsite,Almaty,January2013.
KAZAKHSTAN

specify the grounds for the suspension.57 Moreover, the court that considered the case did not have
jurisdiction over it.
A second trial was held in the proper court, the Medeu district court of Almaty, and upheld the
ban, adding that any URL containing the term Guljan (the first name of the sites editor-in-chief,
Guljan Yergaliyeva) should be subject to immediate blocking, thus outlawing the mirror site
guljan.info that the editorial staff had hastily registered by then. The second court hearing clarified
that the formal reason for the shutdown was the website's participation in a campaign to encourage
citizens to participate in an unsanctioned rally in January 2012.58 No legal action or investigation
was known by the journalists or public to be held against Guljan.org during the ten months
between when the alleged offence was committed and the court ruling. The journalists' team
launched a new site, Nuradam.kz, in February 2013, which fell victim to distributed denial-ofservice (DDoS) attacks on several occasions. Its domain name was subsequently closed on charges
that the website was based on foreign servers, which is a violation of domestic regulations;
however, the content continues to be available through the use of mirror websites.
Since early 2009, there has also been an increase in self-censorship and content removal
implemented by companies hosting online information.59 With the 2009 internet-related
amendments coming into force, most online content providers intensified their moderating
practices in order to censor content that could expose them to legal repercussions. The selfcensorship environment was further solidified following the July 2010 adoption of a law granting
President Nazarbayev the status of Leader of the Nation, which essentially places any criticism of
him and his family under the umbrella of threats to national security or reputation. In 2012, the
owners of independent political websites have reportedly received friendly warnings, urging them
to remove sensitive (usually, president-related) material. These warnings came from their hosting
providers, who, in their turn, were approached by the special services.
From 20122013, no new methods were used by the government or non-state actors to
proactively manipulate the content and online news landscape, although the presence of
government-paid commentators continued to be observed during this period.
The 2008 blocking of LiveJournal, at the time the most popular blogging platform in Kazakhstan,
combined with unstable access to Wordpress and Blogspot, have generated significant changes to
the countrys blogosphere.60 At that time, there were no major local blogging sites. Since then,
Yvision.kz has become the most popular Kazakhstan-based blog-hosting platform, with over 80,000
57
:,[GuljanYergaliyeva:Idon'tknowwhatarethechargesthey
bringagainstme],December5,2012,
http://forbes.kz/massmedia/guljan_ergalieva_ya_esche_ne_znayu_v_chem_menya_obvinyayut
58
guljan.org[Courtsuspendedguljan.orgfortheJanuary2012
callsforparticipationinanunsanctionedrally],KazTAGreportrepublishedbyHeadline.kznewsaggregator
http://news.headline.kz/chto_v_strane/sud_priostanovil_guljanorg_izza_yanvarskih_prizyivov_k_mitingam.html
59
CarlSchreck,KazakhstanPutsPressureonBloggers,TheNational,August25,2009,
http://www.thenational.ae/apps/pbcs.dll/article?AID=/20090825/FOREIGN/708249847/1140.
60
SUPMedia,LiveJournalinFigures.Autumn2007,presentation,November30,2007,
http://www.sup.com/stat_autumn07.pdf.
KAZAKHSTAN

users as of January 2013, most of them blogging in Russian. A number of other blogging projects
(both mass market and niche) are emerging, testing new formats of user-generated content (UGC)
and services in commercial and non-commercial fields. Many users have migrated to Twitter and
Facebook, which appear to be popular choices for new users as well.
The Kazakhstani blogosphere is dominated by the younger generation, but recent years have shown
broader engagement on the part of professionals, journalists, academics, members of parliament,
and other public figures, particularly on social networks. In 2012, as political activists continued to
vigorously use social media to spread their message, the authorities kept recruiting popular, yet
relatively loyal, bloggers to engage in special coverage propaganda campaigns, inviting them on
blogger tours, starting with the visit to oilfields and the Cosmodrome space launch facility, but
then recruiting bloggers to report from the trials that followed the clashes in Zhanaozen.61 Their
coverage was heavily in line with the prosecutor's position. Both the government and bloggers deny
having any financial ties to one another.
In an effort to demonstrate a willingness to engage with citizens online, officials and government
institutions continue setting up and maintaining blogs on popular social-networking platforms. The
website of every government body and local administration is required to have a blog. In November
2012, Bolat Kalyanbekov, the chairman of the Committee for Information and Archives at the
Ministry of Culture and Information, recommended that all government press secretaries have their
own Twitter accounts to regularly monitor and participate in discussions, and resolve issues right
where they occur.62 In another instance, the deputy chief of the Presidential Administration, the
country's main policy-making body, acknowledged that his staff is keeping an eye on online
debates.63
Several grassroots campaigns have been actively employing social media to reach out to potential
supporters and to coordinate activities. The most notable examples include the environmentalist
group Protect Kok-Zhailyau!, which opposes plans of large-scale construction on the territory of
a nature reserve near Almaty, and BlogBasta.kz, a non-partisan initiative that supports the political
mobilization of creative urban youth. Additionally, a movement to oppose budget cuts to maternity
benefits and an increase in the retirement age, which also used Facebook to organize supporters,
was able to develop suggestions to improve legislation and was invited by the government to
deliver their report to members of parliament. These cases have shown serious self-organizing
potential that was not previously present in the online sphere in Kazakhstan.
61
[PostZhanaozenbattlesbetweenbloggershaveintensified],
Azattyq.org,August20,2012,http://rus.azattyq.org/content/twitterbloggersbattleaboutzhanaozentrial/24680408.html
62
[MCIofKazakhstansuggestspress
secretariesofstatebodiesmovingtoTwitter],November23,2012,http://www.inform.kz/rus/article/2512711
63
[Deputychiefof
presidentialadministrationcommenteduponthecriticofAlmatyresidentstowardsYesimov],December21,2012,
http://tengrinews.kz/kazakhstan_news/zamglavyiadministratsiiprezidentaprokommentirovalkritikualmatintsevadres
225559/
KAZAKHSTAN

The government of Kazakhstan continued to use legal and extralegal mechanisms to control the
activities of internet users in 20122013. Restrictions on the use of anonymizing tools remain in
place, and in March 2012 the Tor Project found evidence that deep packet inspection (DPI) was
being used by at least one telecommunications service provider. Additionally, in 2013 two
individuals were sentenced to one year restraint of freedom for posting an anonymous comment
about corruption on the blog of a tax committee chairman.
The constitution of Kazakhstan guarantees freedom of the press, but the criminal code also provides
special protection for state officials, members of parliament, and in particular, the president. In
practice, the authorities use various legislative and administrative tactics to control the media and
limit free expression. There are additional restrictions applied during elections and the coverage of
court trials.
In 2010, the parliament passed a law granting President Nazarbayev the status of Leader of the
Nation, which attached criminal responsibility to any damage done to his image, including public
insults or distortion of his private biographical facts, among other provisions. More broadly,
defamation remains a criminal offense and Kazakhstani officials have a track record of using libel to
punish critical reporting.
While no bloggers were legally prosecuted from late 2012 to early 2013, in April 2012, Lukpan
Akhmedyarov, a journalist of the independent weekly Uralskaya Nedelya, was violently beaten near
his home by unidentified attackers.64 Akhmedyarov had repeatedly reported on high-level
corruption in the western province of Uralsk, appeared in defamation cases before the court, coorganized political rallies, and ran a personal blog on the official website of his newspaper.65 The
case was investigated and, in December 2012, police arrested four suspects, declaring the crime
cleared,66 although there still has been no information about the instigators of the crime or their
potential motives.67
In late January 2013, the media reported the first case in Kazakhstan of online libel to reach the
courts. Two officers of the Almaty tax department published an anonymous post on the official blog
of the chairman of the tax committee, claiming that their supervisor was implicated in crimes of
corruption. The police inquired into the crime and six months later the offenders appeared in court
after a series of investigatory activities that included internet protocol (IP) analysis, retrieval of
video recordings from cameras installed inside the cybercafe from which the comments had been
64
[AttemptonLukpanAkhmedyarov'slife],April20,2012,
http://rus.azattyq.org/content/lukpan_ahmediyarov_attacked_uralksaya_nedelya/24554128.html
65
SeethepageofLukpanAkhmedyarov'spersonalblogonthewebsiteofUralskayaNedelya(UralskWeek)newspaper
http://bit.ly/19Kts03.
66
[AttackonLukpanAkhmedyarovcleared],December28,2012,
http://newskaz.ru/society/20121228/4533449.html
67
$10[$10,000waspromisedtotheattackersforlifeof
LukpanAkhmedyarov],January8,2013,http://www.zakon.kz/4534211zazhiznlukpanaakhmedjarova.html
KAZAKHSTAN

posted, and the cybercafes server data regarding online activities from certain PCs. The defendants
maintained their innocence; however, the court sentenced both to one year of restraint of freedom,
which requires notifying the police prior to leaving ones place of residence, education, or work.68
Beginning in early 2011, anonymizing tools, including proxy websites and specific circumvention
software, were increasingly being blocked in Kazakhstan, though no court decision had been issued
against them. Many users wishing to circumvent censorship instead switched to browsers designed
by the Opera Corporation,69 whose traffic compression feature was initially meant to facilitate
browsing with slow connections but also enables users to access blocked websites. On April 21,
2012, Kazakhstani users reported problems with Opera browsers, particularly the inability to
access websites outside of the .kz country code zone.70 The problem was resolved on the same
day; however, no explanations were provided.71 In March 2012, the Tor Project announced that
the service provider KazTransCom JSC had started using deep packet inspection (DPI) to censor
and monitor the internet, particularly SSL-based encryption protocols.72 At approximately the
same time, users were no longer able to download Tor software from Kazakhstan (at the time of
the report's update in May 2013, however, the download was possible).
It is difficult to track or verify efforts by the National Security Committee (KNB) or other agencies
to monitor internet and mobile phone communications. However, a series of regulations approved
in 2004 and updated in 2009 oblige telecom operators (both ISPs and mobile phone providers) to
retain records of users online activities, including phone numbers, billing details, IP addresses,
browsing history, protocols of data transmission, and other data, via the installation of special
software and hardware when necessary.73 Providers must store user data for two years and grant
access to operative-investigatory bodies when sanctioned by a prosecutor.74 Furthermore, SIM
card registration is required for mobile phone users at the point of purchase under the civil code;
however, the requirement is not tightly enforced, and SIM card vendors view the registration as
optional.75
The new amendments to the law on countering terrorism, which were signed by the president on
January 8, 2013 and became effective on January 18, 2013,76 granted extra powers to the security
68
[Libelontheinternet],January29,2013,http://www.nomad.su/?a=13201301300007
WebbrowserthatbypassesbigbrotheraKazakhhit,Reuters,April13,2010,
http://www.reuters.com/article/2010/04/13/uskazakhstaninternetbrowseridUSTRE63C37N20100413.
70
Opera[Kazakhstaniusersexperience
problemswithOperabrowser],April21,2012,http://tengrinews.kz/internet/kazahstanskieinternetpolzovateliispyityivayut
trudnostisbrauzeromOpera212610/
71
Seehttp://my.opera.com/community/forums/topic.dml?id=1369952
72
UpdatesonKazakhstanInternetCensorship,March2,2012, http://bit.ly/yhkSVQ.
73
KseniaBondal,[Watchout,wearewatched],Respublika,republishedbyZakon.kz,
November5,2009,http://www.zakon.kz/top_news/152528objazyvaetliaisiknbsotovykh.html.
74
See,Rulesofrenderinginternetaccessservices,adoptedbythegovernmentaldecree#1718onDecember30,2011,and
theLawonoperativeinvestigatoryactivities,datedSeptember15,1994,http://www.minjust.kz/ru/node/10182.
75
:[Cellular:callerisuncertainanddangerous],Ipr.kz,June21,2011,
http://www.ipr.kz/kipr/3/1/51#.T7t40tx1BLc.
76
LawoftheRepublicofKazakhstanonamendmentsandaddendaintoseverallegislativeactsoftheRepublicofKazakhstan
regardingcounteractiontoterrorism[InRussian],January8,2013,http://online.zakon.kz/Document/?doc_id=31318154
69
KAZAKHSTAN

bodies,77 reiterated a vague term of fomenting social discord, and obliged all mass media (thereby
including online resources and citizen journalists) to assist the state bodies involved in counter
terrorism. The exact mechanisms of assistance are not specified.
On December 30, 2011, the government issued a decree tightening surveillance in cybercafes.
Under the decree, cybercafe owners are obliged to gather the personal information of customers
and retain data about their online activities and browsing history. This information is to be retained
for no less than six months and can be accessed by operative-investigatory bodies.78 The decree
also banned the use of circumvention tools in cybercafes. Beginning in early 2012, parts of the
decree came into force, including the requirement to install video surveillance equipment and
filtering software.79 As of early 2013, none of the cybercafes specifically reviewed for this report
required an identification card or passport before granting access to internet. It is still unclear how
these regulations might apply to public Wi-Fi access points.
The administrators of several opposition-related or independent news websites such as Respublika,
Zonakz.net and Guljan.org have reported suffering sporadic DDoS cyberattacks since 2009.80
Although many suspect that regime actors were behind the attacks, their origin has been neither
independently confirmed nor investigated by the police or the Computer Emergency Response
Team (CERT),81 whose responsibility is to address such incidents.
77
AlexandrGribanov,[Lawofspecialtask],VecherniyAlmatynewspaper,January31,2013,
http://www.vecher.kz/node/18716
78
See,Rulesofrenderinginternetaccessservices,adoptedbythegovernmentaldecree#1718onDecember30,2011,
http://medialawca.org/old/document/11242.
79
[InternetclubswilldemandIDs],Zakon.kz,
January25,2012,http://www.zakon.kz/kazakhstan/4469529takiepravilaokazanijauslugdostupak.html.
80
.,Zona.kz
[InternetMediaFergana.ru,Zona.kzandRespublikaAreAttackedbyUnknownHackersAlmostSimultaneously],Fergana.ru,
February20,2009,http://www.ferghana.ru/news.php?id=11348.
81
ComputerEmergencyResponseTeam(CERT),accessedJuly1,2013,http://kzcert.kz/en/
KAZAKHSTAN
KENYA
2012

Total (0-100)
2013
FREE FREE
10
7
12
29
9
7
12
28

Kenyas first general election, under the new 2010 constitution was held on March 4,
2013, which saw citizens and politicians alike using ICTs to disseminate information
and prevent electoral violence (see LIMITS ON CONTENT).
Fearful of election-related unrest, the government blocked thousands of allegedly
inflammatory text messages, mandated bulk texts be pre-screened, and hired a team to
proactively monitor social media for inciting language (see LIMITS ON CONTENT).
Service providers were required to install internet traffic monitoring equipment known
as the Network Early Warning System (NEWS) by December 2012 to detect cyber
threats, such as online hate speech (see VIOLATIONS OF USER RIGHTS).
KENYA

INTRODUCTION
Over the past decade, Kenya has made notable strides in the field of information and
communication technologies (ICTs), spurred by the governments commitment to economic
development and an engaged civil society. Among several success stories are the start of
construction for the Konza Techno City, dubbed Africas Silicon Savannah, in January 2013,1 the
launch of the National ICT Master Plan 2017,2 and an impressive rise in both internet and mobile
usage. The large-scale adoption of the M-Pesa mobile money platform, both domestically and
regionally, has made the country a global leader in mobile money transfer services.3 Additionally,
two SMS-based applications that have become internationally knownUshahidi and Frontline SMS
are based in Nairobi and paving the way for the integration of mobile and internet content
development.4 Together with Nigeria and Morocco, Kenya has risen to become one of Africas
major tech hubs.
Kenya held its first general election on March 4, 2013 under the new 2010 constitution. As a result
of the political violence that ensued after the last general election in 2007, there were many
concerns that ICTs would be used to propagate hate speech in the lead-up to the polls. The
electioneering period saw the spread of political propaganda and incendiary speech through social
media,5 leading to ramped up efforts to limit speech and content that could incite violence. In
September 2012, for example, the Communications Commission of Kenya (CCK) issued guidelines
which mandated the pre-screening and approval of bulk messages containing political content
before transmission.6
While there were no known incidents of government filtering or interference with online content
in the past year, the Blue Coat PacketShaper appliancea device that can help control undesirable
traffic by filtering application traffic by content categorywas discovered in Kenya alongside 18
other countries around the world, including China, Bahrain, and Russia in January 2013, though it
1
KenyaBeginsConstructionofSiliconCityKonza,BBCNews,January23,2013,http://www.bbc.co.uk/news/worldafrica
21158928?print=true.
2
JosephMcOluch(ed.),ConnectedKenya2017,NationalICTMasterPlan(Kenya:ICTBoard,2012),
http://www.ict.go.ke/docs/MasterPlan2017.pdf.
3
WolfgangFengler,HowKenyaBecameaWorldLeaderforMobileMoney,AfricaCanEndPoverty(blog),WorldBank,July
16,2012,http://blogs.worldbank.org//africacan/howkenyabecameaworldleaderformobilemoney.
4
DavidSouterandMonicaKerrettsMakau,InternetGovernanceinKenyaAnAssessmentfortheInternetSociety,ICT
DevelopmentAssociatesLtd,September2012,32,
http://www.internetsociety.org/sites/default/files/ISOC%20study%20of%20IG%20in%20Kenya%20
%20D%20Souter%20%26%20M%20KerrettsMakau%20%20final.pdf.
5
AreportbytheKenyaHumanRightscommissionpointedoutthatKenyansonTwitterandFacebook,ranamokwithall
mannerofaccusationsandcounteraccusationsmainlylacedonchoiceepithetsbetrayingrawethnicchauvinismorblind
politicalpartyloyalty.See,Report:ElectionPropagandaWidespreadinSocialMedia,AfricanSeer,March28,2013,
http://www.africanseer.com/news/africannews/265133reportelectionpropagandawidespreadinsocialmedia.html.
6
Accordingtoarticle9.4,PoliticalMessagesshallnotcontaininciting,threateningordiscriminatorylanguagethatmayoris
intendedtoexposeanindividualorgroupofindividualstoviolence,hatred,hostility,discriminationorridiculeonthebasisof
ethnicity,tribe,race,colour,religion,gender,disabilityorotherwise.See:GuidelinesforthePreventionofTransmissionof
UndesirableBulkPoliticalContent/MessagesviaElectronicCommunicationsNetworks,CCK,September2012,
http://www.cck.go.ke/regulations/downloads/Guidelines_for_the_prevention_of_transmission_of_undesirable_bulk_political_
content_via_sms.pdf.
KENYA

is uncertain whether the device has been implemented. Meanwhile, over 300,000 text messages
were reportedly blocked a day during the March 2013 elections for allegedly containing speech that
had the potential to incite violence. Precautionary surveillance measures were also implemented to
curb the spread of provocative and inflammatory speech, which involved a requirement announced
by the CCK in March 2012 for service providers to install the internet traffic monitoring
equipment known as the Network Early Warning System (NEWS) by December 2012, citing a rise
in cyber threats.7
Citizen and civil society efforts to monitor electoral activities and outcomes through innovative ICT
tools played an instrumental role during the elections period. The Uchaguzi crowd-sourcing
platform, for example, monitored trends as they were reported in real-time by citizens via SMS,
and highlighted instances of political violence and electoral malpractice.8
OBSTACLES TO ACCESS
The spread and use of ICTs is increasing in Kenya, in no small part due to the governments
commitment to developing the countrys ICT infrastructure as a tool for economic growth.
According to the latest CCK data from the last quarter of 2012, the percentage of the population
with access to the internet stood at over 41 percent, increasing from 28 percent in 2011, though
the International Telecommunications Union (ITU) estimated a 2012 rate of 32 percent.9
Meanwhile, Kenyas mobile data and internet subscriptions stood at 8.5 million as of December
2012, with an estimated 17.4 million users,10 while 34 percent of the population accessed the
internet via mobile phones.11 Mobile phone subscribers stood at over 30 million,12 with a 78
percent penetration rate (72 percent according to ITU data13), though many people have more than
one subscription to take advantage of lower prices or expand their geographic coverage, putting the
actual number of users much lower. Nevertheless, the growth in mobile subscribers can be
attributed to the popularity of mobile handsets as a medium of communication and the increasing
availability of value-added mobile services such as internet, entertainment, and mobile money
transfer.
OkutttahMark,CCKSparksRowwithFreshBidtoSpyonInternetUsers,BusinessDailyAfrica,March20,2012,
http://www.businessdailyafrica.com/CorporateNews/CCKsparksrowwithfreshbidtospyonInternetusers/
/539550/1370218//item/0//edcfmsz//index.html.
8
JulianaRotich,UchaguziOverviewReportforMarch4,2013,Uchaguzi,March4,2013,
http://sitroom.uchaguzi.co.ke/2013/03/04/uchaguzioverviewreportformarch42013/.
9
CommunicationsCommissionofKenya,QuarterlySectorStatisticsReport,SecondQuarteroftheFinancialYear2012/13
(OctDec2012),,21,http://www.cck.go.ke/resc/downloads/Sector_statistics_for_Quarter_2__20122013.pdf;International
TelecommunicationUnion,PercentageofIndividualsUsingtheInternet,20002012,http://www.itu.int/en/ITU
10
KenyaICTBoardlaunchesJulishaICTSurveyreport2013,Humanipo,February19,2013,
http://www.humanipo.com/news/4084/KenyaICTBoardlaunchesJulishaICTSurveyreport2013.
11
CommunicationsCommissionofKenya,MobilePenetrationintheCountryContinuestoIncrease,,January21,2013,
http://www.cck.go.ke/mobile/news/index.html?nws=/news/2013/Mobile_penetration.html.
12
CommunicationsCommissionofKenya,MobilePenetration.
13
KENYA

Kenya is also said to have comparatively low-priced mobile service for Africa, with monthly costs
averaging KES161 ($1.90) for 30 calls and 100 SMS test messages.14 These relatively affordable
costs are largely the result of strong regulatory interventions that have led to the implementation of
the lowest mobile termination rates across the continent.15 In November 2012, the CCK slashed
the mobile termination rate from Sh2.21 to Sh1.44 per minute, which drove down prices for
mobile phone users.16 Nevertheless, the CCK also initiated a crackdown against the use and sale of
counterfeit mobile devices in 2012, setting a deadline of September 30 for users to verify the
authenticity of their handsets through a database of IMEI numbers created in collaboration with
device manufacturers.17 Millions of unverified handsets were deactivated from networks on
October 1, 2012.18
Data bundles are now available for prepaid mobile customers, while mobile broadband
subscriptions on GPRS/EDGE and 3G networks have continued to increase as well. By the last
quarter of 2012, broadband subscriptions stood at over one million users, representing
approximately 12 percent of total mobile internet subscriptions.19 By contrast, the number of fixed
broadband subscriptions numbered less than 43,000 at the end of 2012, for a penetration rate of
0.1 percent, according to ITU data.20 The growth in mobile internet subscriptions can be attributed
to competitive mobile internet tariffs, special offers and promotions, and the rising use of social
media, particularly among the youth population.
While internet penetration continues to increase across the country, there is still a large disparity in
access between rural and urban areas. A 2012 study by the Internet Society noted that internet use
in Kenya is largely concentrated in Nairobi and that significant action is still needed to address
issues of access outside of the capital.21 Further, the cost of mobile devices and internet
subscriptions remains a stumbling block for many impoverished Kenyans to access the web.22 For
example, the average user pays about $36 per month for 1-2 Mbps of unlimited data services and
$37 for unlimited internet through a USB dongle (3G modem),23 while the average monthly wage
of an unskilled employee is about KES 4,258 ($53).24
14
FranklineSunday,LackofExpertiseSlowsDownICTGrowth,StandardDigital,December22,2012,
http://www.standardmedia.co.ke/?articleID=2000073463&story_title=lackofexpertiseslowsdownictgrowth.
15
Mobileterminationratesareameasureofthecoststhatmobileoperatorschargeeachotherforterminatinginternetwork
calls.
16
Sunday,LackofExpertiseSlowsDownICTGrowth.
17
TheInternationalMobileEquipmentIdentifier(IMEI)ofcounterfeitphonesiseitherduplicatedinmanyotherphonesordoes
notconformtotherecognizedGSMAstructure.IMEIisa15digitnumberthatisuniquetoeachmobilehandset.See,
CommunicationsCommissionofKenya,CounterfeitMobilePhones,http://www.cck.go.ke/counterfeitcampaign/.
18
MuthokiMumo,BoomingBusinessforShopsasCCKShutsFakePhones,DailyNation,October1,2012,
http://www.nation.co.ke/business/news/Fakephonesshut//1006/1522804//bbovmqz//index.html.
19
CommunicationsCommissionofKenya,QuarterlySectorStatisticsReport,SecondQuarteroftheFinancialYear2012/13
(OctDec2012)..
20
InternationalTelecommunicationUnion,Fixed(Wired)broadbandSubscriptions,20002012.
21
DavidSouterandMonicaKerrettsMakau,InternetGovernanceinKenyaAnAssessmentfortheInternetSociety,ICT
DevelopmentAssociatesLtd,September2012,28.
22
CostlySmartDevicesandInternetKeepUsersAway,DailyNation,February19,2013,http://bit.ly/XrYk0o.
23
Orange,OrangeLaunchesUnlimitedInternetBundles,pressrelease,January18,2011,http://oran.ge/1bWXy5i.
24
MinimumWageRatesinKenya,WageIndicator,asofJune2012,accessedJune22,2013,
http://www.wageindicator.org/main/minimumwages/kenya.
KENYA

Both the government and private sector are working to remedy the disparity between rural and
urban access through the introduction of digital villages and Pasha (Inform) Centers, which are
small public access sites similar to cybercafes.25 In November 2012, Kenyas ICT board announced
that it had set aside 27 million Kenyan shillings to establish an additional 27 digital villages across
the country by the end of the year,26 adding to the 63 centers that have already been built since the
initiatives launch in 2009. The board aims to establish centers in 290 constituencies in the long
term.27
The Konza Techno City is another government initiative that aims to foster the growth of Kenyas
ICT industry and place the country on the map as Africas Silicon Savannah. Designed to include a
central business district, a university campus, urban parks, and housing for up to 185,000 people,
the multi-billion dollar project hopes to create nearly 100,000 jobs in the ICT sector by 2030.
Construction of the city began in January 2013 on a 5,000-acre plot located some 60 kilometers
from Nairobi.28
Kenya has four submarine cables that cumulatively provide the country with a capacity of about
8.56 Tbps, and a fifth cable announced in November 2012 will soon double the countrys capacity
to around 15 Tbps.29 These infrastructural developments have improved available bandwidth, but
unreliable or slow connections in many areas of the country, power outages, and issues of cost
remain obstacles to access. Nevertheless, there have been no reports of the government controlling
the internet infrastructure to limit connectivity.
Through the countrys open market-based licensing process instituted in 2008, competition is
present in most segments of the telecommunications market, though Safaricom still dominates the
market for mobile phone services with a 63 percent share of all mobile subscriptions.30 Safaricom
also has a dominant position in the ISP market, commanding a 69 percent share of internet
subscriptions as of June 2012, though its dominance has decreased over the past year with Airtel,
Orange, and Essar gaining market share.31
Under the 2009 Communications Amendment Act, the CCK is responsible for regulating both
broadcast and online media. Its independence is formally enshrined in the 1998 Kenya
Communications Act, and the body has endeavored to work independently even though most of the
commissioners remain government appointees and the appointment process is not sufficiently open
25
KenyaInvestingKsh16.3BillioninRuralICT,InformationPolicy(blog),July30,2009,
http://www.ictworks.org/2009/07/29/kenyangovernmentinvestingksh163billionruralict/.
26
FrederickObura,ICTBoardtoReleaseFundsforDigitalVillages,StandardOnline,November1,2012,
http://www.standardmedia.co.ke/?articleID=2000069710&story_title=KenyaICTBoardtoreleasefundsfordigitalvillages.
27
Obura,ICTBoardtoReleaseFundsforDigitalVillages.
28
KenyaBeginsConstructionofSiliconCityKonza.
29
MuthokiMumo,InternetCapacitytoDoubleSoonAfterFifthFibreOpticCableLands,DailyNation,November19,2012,
http://www.nation.co.ke/business/news/Fifthfibreopticcablelands//1006/1624478//item/0//1uv0vy//index.html.
30
CommunicationsCommissionofKenya,QuarterlySectorStatisticsReport,FirstQuarteroftheFinancialYear2012/13,15,
http://www.cck.go.ke/resc/downloads/SECTOR_STATISTICS_REPORT_Q1_1213.pdf.
31
Souter,InternetGovernanceinKenya,,13.
KENYA

and transparent.32 In February 2013, however, the government for the first time publicly
advertised the consumer representative position of the CCK board in accordance with Kenyas new
2010 constitution,33 which states that board positions must be filled competitively.
The proposed Independent Communications Commission of Kenya Bill, 2010 further seeks to
expand the independence of the countrys ICT regulatory regime by replacing the CCK with the
Independent Communications Commission of Kenya, which will be expected to function without
any political or commercial interference.34 Under the new body, all board positions will be publicly
advertised, and the four government officials who currently sit on the CCK board will be removed
and replaced by seven commissioners appointed by the president,35 but only on the
recommendation of the Public Service Commission.36 It is expected that the proposed bill will be
implemented in 2013 in accordance with the fifth schedule of Kenyas 2010 constitution,37 which
provides for media legislation to be enacted within three years of promulgation.38
Meanwhile, service providers have formed organizations such as the Kenyan ISP Association, the
Telecommunications Service Providers of Kenya, and the Kenya Cybercafe Owners to lobby the
government for better regulations, lower costs, and increased efforts to improve computer
literacy.
LIMITS ON CONTENT
The elections period in March 2013 saw the widespread use of ICTs, social media tools, and
innovative crowd-sourcing platforms by citizens and politicians alike to disseminate information.
Nevertheless, concerns over potential electoral unrest led the government to take various
preemptive actions to curb the spread of hate speech via ICTs, mandating the pre-screening and
approval of bulk text messages, blocking thousands of other allegedly inflammatory SMS messages,
and hiring a team to proactively monitor social media sites for inciting language.
Up until 2013, there were no reports of the Kenyan government employing any form of technical
filtering or administrative censorship to restrict access to political or other content. However, in
32
OpenSocietyFoundations,PublicBroadcastinginAfricaSeries:Kenya,2011,65,
http://www.afrimap.org/english/images/report/MAIN%20report%20final%20web%20res.pdf.
33
CommunicationsCommissionofKenya,GovtAdvertisesConsumersRepresentativeSeatonCCKBoard,pressrelease,
February14,2013,http://www.cofek.co.ke/index.php?option=com_content&view=article&id=1362%3Agovtadvertises
consumersrepresentativeseatoncckboard&catid=1%3Alatestnews.
34
IndependentCommunicationsCommissionofKenyaBill2010,availableatKenyaCorrespondentsAssociation,
http://www.kca.or.ke/attachments/article/125/INDEPENDENT%20COMMUNICATIONS%20COMMISSION%20OF%20KENYA%20
BILLCN1.pdf.
35
Article5(1),IndependentCommunicationsCommissionofKenyaBill2010.
36
Thisisthebodythatappointspersonstoholdoractinpublicoffices.See,PublicServiceCommissionofKenya,Mandate,
http://www.publicservice.go.ke/index.php?option=com_content&view=article&id=20&Itemid=61.
37
TheConstitutionofKenya,RevisedEdition2010,178,availableatEmbassyoftheRepublicofKenya,
http://www.kenyaembassy.com/pdfs/The%20Constitution%20of%20Kenya.pdf.
38
Article34(5)ofKenyasconstitutionstatesthatParliamentshallenactlegislationthatprovidesforthe
establishmentofabody,whichshallbeindependentofcontrolbygovernment,politicalinterests
orcommercialinterests,andsetmediastandardsandregulateandmonitorcompliancewiththosestandards.
KENYA

January 2013, the Citizen Lab internet research group discovered evidence of the Blue Coat
PacketShaper appliancea device that can help control undesirable traffic by filtering application
traffic by content categoryin Kenya alongside 18 other countries around the world, including
China, Bahrain, and Russia.39 No further reports or evidence have surfaced to reveal the extent to
which the filtering device has been implemented, though its discovery in Kenya is noteworthy given
the governments concern over the spread of hate speech and inflammatory content via ICTs in the
lead-up to the March 2013 elections.
Intermediaries are responsible for filtering, removing and blocking content considered illegal, such
as hate speech via text messages, though they are under no obligation to actively monitor traffic
passing through their networks unless they are made aware of illegal content. Otherwise, Kenyans
have unrestricted access to social-networking sites such as Facebook, Twitter, YouTube, and the
blog-hosting site Blogger, all of which rank among the 10 most popular sites in the country.40
As a result of the political crisis that ensued after the 2007 general elections, the government
ramped up its efforts to curb the spread of content that could trigger unrest or incite violence prior
to March 2013. In September 2012, for example, the CCK issued Guidelines for the Prevention of
Transmission of Undesirable Bulk Content/Messages via Electronic Communications Networks,41
rules targeting licensed content service providers seeking to communicate messages to the
electorate on behalf of politicians or political parties.42 Under the guidelines, these providers must
submit a request to a mobile network operator that includes the verbatim content of the message
and a signed authorization letter from the sponsoring party for approval before a bulk political
message can be transmitted.43 The operator then screens and vets the proposed message for any
inflammatory, provoking, or hateful language, and relays its decision within 18 hours. The
guidelines also include a complaints handling process for aggrieved parties.44
Earlier in June 2012, Safaricom, the dominant mobile phone provider, issued its own guidelines for
mobile advertising through its various media services to rein in negative political messages ahead of
39
MorganMarquisBoireetal.,PlanetBlueCoat:MappingGlobalCensorshipandSurveillanceTools,CitizenLab,MunkSchool
ofGlobalAffairs,UniversityofToronto,January15,2013,https://citizenlab.org/2013/01/planetbluecoatmappingglobal
censorshipandsurveillancetools/#4.
40
Alexa,TopSitesinKenya,http://www.alexa.com/topsites/countries/KE,accessedFebruary20,2013.
41
AccordingtoAarticle9.4oftheguidelines,PoliticalMessagesshallnotcontaininciting,threateningordiscriminatory
languagethatmayorisintendedtoexposeanindividualorgroupofindividualstoviolence,hatred,hostility,discriminationor
ridiculeonthebasisofethnicity,tribe,race,colour,religion,gender,disabilityorotherwise.See:CommunicationsCommission
ofKenya,GuidelinesforthePreventionofTransmissionofUndesirableBulkPoliticalContent/MessagesviaElectronic
CommunicationsNetworks,September2012.
42
ShortMessageService(SMS)&TheKenyanGeneralElections,AfricaSpeaks4Africa(blog),accessedJune22,2013,
http://www.africaspeaks4africa.org/?p=2550.
43
CSPsaredefinedinArticle2.1.9asapersonauthorizedbytheCommunicationsCommissionofKenyatoprovidecontent
services.See:GuidelinesforthePreventionofTransmissionofUndesirableBulkPoliticalContent/MessagesviaElectronic
CommunicationsNetworks,CCK,September2012;MNOsaredefinedinArticle2.1.10asapersonauthorizedbythe
CommunicationsCommissionofKenyatobuildandcommerciallyoperateMobileTelecommunications/Electronic
CommunicationsSystems.See:GuidelinesforthePreventionofTransmissionofUndesirableBulkPoliticalContent/Messages
viaElectronicCommunicationsNetworks,CCK,September2012.Bulkcontentmeanscontentthatistransmittedonaone
tomanyconfigurationviaSMS,MMSandanyothersimilarmediumthatiscapableofprovidingbulkmessagingservices.
44
Article9.2.
KENYA

the March 2013 election.45 Developed in consultation with the CCK and the electoral commission,
Safaricoms guidelines indicated that it would suspend or terminate CSP contracts for
noncompliance with its bulk message approval process, which is identical to the CCKs process
outlined above.
During and after the March 4 elections, the authorities also asked mobile phone providers to block
any text messages that could incite violence.46 To do so, service providers installed a firewall that
could detect messages containing particular words, such as kill, which were automatically flagged
for further scrutiny. According to the permanent secretary of the Ministry of Information and
Communication, Dr. Bitange Ndemo, mobile phone service providers were blocking more than
300,000 text messages per day during the electioneering period to prevent electoral violence.47
Individual internet users are generally comfortable expressing themselves freely online and through
mainstream media organizations. Nonetheless, during the March 2013 elections, news outlets
admitted to practicing self-censorship as part of a gentlemans agreement made by media leaders
to withhold from reporting on news that could incite ethnic tensions, according to Kenyas Media
Owners Association.48 The agreement to self-censor raised local debate on the balance between the
national interest and the publics right to know.
There are no known state-run, government-influenced, or partisan online news/media outlets to
date. Citizens are able to access a wide range of viewpoints, and the websites of the BBC, the CNN,
and Kenyas Daily Nation newspaper are the most commonly accessed online news outlets.49 While
print outlets, television, and radio continue to be the main sources of news and information for
most Kenyans, all major television stations have live-stream features and use YouTube to
rebroadcast news clips. They also have accounts on Facebook and Twitter. Notably, there has been
an increase in the number of blogs in recent years, with a wide range of topics covered from
entertainment, fashion, and photography, to technology and business.50 The Bloggers Association of
Kenya was formed in 2011 to promote the domestic development of online content.51
45
GuidelinesforPoliticalMobileAdvertisingSafaricomsPremiumRateMessagingNetwork,Safaricom,
http://www.safaricom.co.ke/images/Downloads/Resources_Downloads/POLITICAL_MOBILE_ADVERTISING_NOTICE_FULL_PAG
E_2b.pdf.
46
ShortMessageService(SMS)&TheKenyanGeneralElections..
47
FredMukindia,PhoneFirmsBlock300,000HateTextsDaily,saysNdemo,DailyNation,March21,2013,
http://www.nation.co.ke/News/Phonefirmsblock300000hatetextsdailysaysNdemo//1056/1726172//ktkiafz/
/index.html.
48
JasonStraziuso,KenyaMediaSelfCensoringtoReduceVoteTension,AssociatedPress,March7,2013,
http://bigstory.ap.org/article/kenyamediaselfcensoringreducevotetension.
49
VictorJuma,MobileInternetonCoursetoBecomingTopEarnerforFirms,BusinessDailyAfrica,April22,2010,
http://www.businessdailyafrica.com/Mobileinternetoncoursetobecomingtopearnerforfirms//539444/903924/
/5e9tqa//index.html.
50
TheKenyanBlogAwards2013Nominees,BAKE,March27,2013,http://bloggers.or.ke/thekenyanblogawards2013
nominees/.
51
BAKEisabodythatpromotescontentcreationonthewebinKenyaandrepresentsagroupofcontentcreatorswhoareof
Kenyanorigin,descentorarebasedinKenyaandwanttosyndicatetheircontent,networkamongotherfellowcontent
creators,orgetlegalandcommunalrepresentationfromtheBloggersAssociationofKenya.
KENYA

Meanwhile, the internet continues to be an important platform for political debate and mobilization
around critical issues. For example, in October 2012, hundreds of Kenyans took to Twitter to
protest against members of parliament who had voted to award themselves with a substantial sendoff bonus, using the hashtag, #KOTAgainstMPsBonus.52 Their proposal was ultimately tabled,
though this was not specifically due to the Twitter campaign, as there were many protests from
different groups occurring simultaneously both on and offline.
Digital media has also revolutionized the ways in which human rights and civil society groups in
Kenya network and share information.53 In early 2013, for example, a partnership of civil society
organizations launched Uchaguzi,54 a crowd-sourcing platform designed to help Kenya achieve a
free, fair, peaceful, and credible general election by empowering Kenyans with the ability to
monitor the voting process and report on significant incidents in real time via SMS. During the
election, the platform received over 3,000 messages from ordinary citizens around the country.

As a result of concerns over increasing cybercrime and potential electoral unrest, service providers
were required to install internet traffic monitoring equipment known as NEWS, the Network Early
Warning System, by December 2012. Fourteen bloggers were reportedly targeted for posting hate
speech during the March 2013 elections period, though no prosecutions were pursued.
Freedom of expression is enshrined in Article 33 of Kenyas constitution and includes the right to
seek, receive or impart information and ideas, while Article 31 provides for the right to privacy.
These rights, however, do not extend to propaganda, hate speech, incitement to violence, and
advocacy of hatred. Criminal defamation laws remain on the books, waiting to be repealed or
amended to conform to Kenyas 2010 Constitution. Meanwhile, existing laws that are inconsistent
with it are considered unconstitutional.55
The 2012 Data Protection Bill is currently being considered in parliament and aims to regulate the
collection, processing, storing, use, and disclosure of information relating to individuals that is
processed through automated or manual means.56 Meanwhile, the 2012 Freedom of Information
Bill is undergoing stakeholder consultation as of mid-2013.57 Both bills promise to enhance internet
freedom in Kenya, illustrating the countrys commitment to the development of its ICT sector and
the use of ICTs to enhance public sector accountability.
52
#KOTAgainstMpsBonus:DozensProtestAgainstKenyanMPsVotefor$110,000Bonuses,Blottr(blog),October9,2012,
http://www.blottr.com/breakingnews/kotagainstmpsbonusdozensprotestkenyanmpsvote110000bonuses.
53
LarryDiamond,IntheSpiritofDemocracy(NewYork:HenryHoltandCompanyLLC,2009).
54
Swahiliforelections.https://uchaguzi.co.ke/.
55
TheConstitutionofKenya,Article4.
56
CommissionfortheImplementationoftheConstitutionTheDataProtectionBill,2012,,accessedApril16,2013,
http://www.cickenya.org/index.php/legislation/item/174thedataprotectionbill2012#.UW10zaJbvE.
57
CommissionfortheImplementationoftheConstitution,TheFreedomofInformationBill,2012,accessedApril16,2013,
http://www.cickenya.org/index.php/legislation/item/173thefreedomofinformationbill2012#.UW178KJbe.
KENYA

Nevertheless, the government appears determined to crack down on cybercrime, which includes
the spread of hate speech online,58 though prosecutions for web activity have not appeared to be
politically motivated. During the electioneering period in March 2013, 14 bloggers were
reportedly targeted for posting hate speech online, six of whom were investigated.59 The other
eight were not summoned since they had used pseudonyms that made them difficult to identify. No
prosecutions were ultimately pursued given a lack of sufficient evidence.60
Meanwhile, controversial blogger Robert Alai61 was arrested in April 2013 for posting an allegedly
offensive tweet that falsely accused a former gubernatorial candidate of domestic violence against
his wife.62 He was charged under Article 29(b) of the 2009 Kenya Information and
Communications Act, which proscribes the transmission of a message that is known to be false for
the purpose of causing annoyance, inconvenience or needless anxiety to another person.63 He was
later acquitted on KES 50,000 ($560) cash bail,64 though a guilty charge could have yielded a
penalty of up to three years in prison and a fine up to 1 million Kenyan Shillings (over $11,500).
While surveillance of the internet and mobile phones was not previously a serious concern in
Kenya, worries over increasing cybercrime and potential unrest surrounding the March elections
led the government to implement precautionary surveillance measures to curb the spread of hate
speech. In March 2012, the CCK announced that telecom service providers needed to install the
internet traffic monitoring equipment NEWS, which would help establish early responses to
detected cyber threats.65 A KES32.2 million ($402,500) joint venture between the CCK and the
ITU, the system reportedly works by assigning a unique internet protocol (IP) identity to individual
gadgets, effectively making any communication traceable to its device of transmission. In their
attempts to reassure consumers that the CCK would not proactively spy on internet users, officials
noted that the system does not have to read and disclose peoples information and will only
monitor traffic.66 In September, service providers were given the deadline of December 2012 to
comply with the installation requirement. Providers failing to comply would be cut off by
58
MunaWahome,NewInternetVersiontoDeepenSpyingonUsers,BusinessDaily,September2,2012,
http://www.businessdailyafrica.com/Newinternetversiontodeepenspyingonusers//539546/1493584//fc2470z/
/index.html.
59
FredMukinda,14bloggersLinkedtoHateMessages,DailyNation,March28,2013,http://www.nation.co.ke/News/14
bloggerslinkedtohatemessages//1056/1732288//cut5kvz//index.html.
60
HateMessagesStillRampantonSocialSites,DailyNation,April17,2013,
http://www.nation.co.ke/News/Hatemessagesstillrampantonsocialsites//1056/1751340//56mc1h//index.html.
61
TwitterGoesSilentAsRobertAlaiIsArrested,NairobiWire,August22,2012,
http://www.nairobiwire.com/2012/08/twittergoessilentasrobertalaiis.html.
62
RobertAlaiArrestedforAllegedLibelousTwitterPost,JamboNewsPot,May15,2013,
http://www.jambonewspot.com/robertalaiarrestedforallegedlibeloustwitterpost/;TechBloggerandTwitterBigwig
RobertAlaiArrestedAgainOverAnnoyingTweets,VibeWeekly,May16,2013,http://vibeweekly.com/newvibe/1158tech
bloggerandtwitterbigwigrobertalaiarrestedagainoverannoyingtweets.html.
63
CommunicationsCommissionofKenya,TheKenyaInformationandCommunicationsAct,2009,
http://www.cck.go.ke/regulations/downloads/KenyaInformationCommunicationsActFinal.pdf.
64
Mukinda,14BloggersLinkedtoHateMessages.
65
OkutttahMark,CCKSparksRowwithFreshBidtoSpyonInternetUsers,BusinessDailyAfrica,March20,2012,
http://www.businessdailyafrica.com/CorporateNews/CCKsparksrowwithfreshbidtospyonInternetusers/
/539550/1370218//item/0//edcfmsz//index.html.
66
LilianNduati,WeWillNotSpyonKenyansOnline,saysInternetWatchdog,SundayNation,March22,2012,
http://bit.ly/18Gcsb0.
KENYA

international backbone operators.67 As of May 2013, no further information is known about the
extent to which service providers have complied with the installation requirement or how the
system has been put into practice. Nevertheless, the interception of messages or the disclosure of
their content remains a criminal offence.68
On February 4, 2013, the National Cohesion and Integration Commission unveiled a toll-free
Safaricom number for the reporting of hate speech and announced that it had trained and deployed
about 100 hate speech monitors across the country to keep abreast of statements made by
politicians or their supporters that could inflame tensions.69 The government also hired bloggers to
monitor websites for inflammatory content, in addition to enlisting the help of the Umati Project
a civic initiative based at Nairobis iHub research centerand Kenyas National Human Rights
Commission to report on online hate speech.70 Despite the increased monitoring, there were no
reported instances of any flagged content being blocked or removed.
In June 2009, the government announced a new SIM card registration requirement in collaboration
with service providers, which was followed by various public awareness campaigns aimed at
informing consumers of the security imperative behind the new requirement. A final deadline of
December 31, 2012 was set for the SIM card registration exercise,71 after which point 2.4 million
unregistered cards were disconnected, including those used in tablets and internet modems.72 To
ensure compliance with the new regulation, the government amended the Kenya Information and
Communications Act (KICA) to place the onus on mobile providers to record and maintain an
index of all subscribers.73
Otherwise, there were no reported cases of government abuse of online surveillance in the past
year, nor are there any known requirements for ICT service providers to proactively monitor their
users. In addition, netizens did not face any extralegal intimidation or violence, nor were there any
politically motivated cases of technical violence against civil society or opposition websites.
67
MunaWahome,NewInternetVersiontoDeepenSpyingonUsers,BusinessDaily,September2,2012,
http://www.businessdailyafrica.com/Newinternetversiontodeepenspyingonusers//539546/1493584//fc2470z/
/index.html.
68
AliceMunyua,GraceGithaigaandVictorKapiyo,IntermediaryLiabilityinKenya,AssociationofProgressive
Communications,October2012,11,http://www.apc.org/en/pubs/intermediaryliabilitykenya.
69
RoselynObala,NCICHires100toMonitorHateSpeech,StandardOnline,February4,2013,
http://www.standardmedia.co.ke/?articleID=2000076656&story_title=ncichires100tomonitorhatespeech.
70
DrazenJorgic,KenyatracksFacebook,TwitterforElectionHateSpeech,Reuters,February5,2013,
http://news.yahoo.com/kenyatracksfacebooktwitterelectionhatespeech122621161.html.
71
CommunicationsCommissionofKenya,NoExtensionforSimregistration,December31,2012,
http://www.cck.go.ke/news/2012/Sim_card_registration_deadline.html.
72
CommunicationsCommissionofKenya,Morethan2.4mUnregisteredMobileLinesDisconnected,January11,2013,
http://www.cck.go.ke/mobile/news/index.html?nws=/news/2013/Unregistered_lines.html.
73
CommunicationsCommissionofKenya,TheKenyaInformationandCommunications(RegistrationofSubscribersof
TelecommunicationServices)Regulations,2012,January4,2013,http://bit.ly/1blT2KP.
KENYA
KYRGYZSTAN
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
13
10
12
35
12
10
13
35


Illegally blocked news website Ferghana News was officially unblocked by the State
Communication Agency in April 2013 (see LIMITS ON CONTENT).
While instances of filtering controversial content continued, including the blocking of
videos, there was also an increase in the successful use of online platforms to mobilize
against potentially harmful legislation (see LIMITS ON CONTENT).
A journalist was physically assaulted by a member of parliament after posting online
comments in defense of another politician (see VIOLATIONS OF USER RIGHTS).
KYRGYZSTAN

INTRODUCTION
Shortly before the overthrow of President Kurmanbek Bakievs regime in 2010, political pressure
on the mediaboth traditional and onlineintensified. The video portal Stan.tv was closed as
punishment for covering opposition meetings,1 the countrys largest online portal that was serving
as the main platform for political discussions was shut down,2 and all internet service providers
(ISPs) were forced to cut off their connections to the international internet in order to prevent
information from leaking out.3
After Bakievs removal in April 2010, however, these restrictions were lifted and the flow of
information returned to normal. In 2011, the environment was relatively favorable to internet
freedom, as the interim government was stable and presidential elections in October 2011 were
deemed competitive, though flawed. Despite such improvements, internet access remains limited
primarily to urban areas, and a number of legal and technical restrictions on online content
continue to inhibit internet users.
Over the past year, the government continued to sporadically block certain types of content that
were deemed harmful or indecent, such as the Innocence of Muslims video that was available on
YouTube, and a film festival entry about being gay and Muslim. Additionally, the parliament passed
a law in October 2012 aimed at protecting children from harmful content online that was almost
identical to legislation passed by Russia; however, the Kyrgyz legislation is less clear regarding
restrictions on online media and was met with widespread opposition.
The 2012 court case against independent journalist and blogger Vladimir Farafonov is also likely to
have a chilling effect on journalism related to political content. In February 2012, Kyrgyzstans
security service charged Farafonov with inciting national hatred for publishing articles online
about Kyrgyz-language media and the potential effects of the 2011 presidential election on ethnic
minorities living in Kyrgyzstan.4 On July 3, 2012, Farafonov was found guilty and fined the
equivalent of $1,000, avoiding the prison sentence recommended by the prosecution.
OBSTACLES TO ACCESS
Access to information and communications technologies (ICTs) has grown in Kyrgyzstan in recent
years, with internet penetration rates among the highest in Central Asia, though still low by global
standards. According to the International Telecommunications Union (ITU), the internet
1Newspapersuspended,TVstationraidedinKyrgyzstan,CommitteetoProtectJournalists,April2,2010,
http://cpj.org/2010/04/newspapersuspendedtvstationraidedkyrgyzstan.php.
2,2010.[Thecountrydirectedtothefuture...Kyrgyzstan
2010.Chronicleofevents],August30,2010,http://pda.kabar.kg/kabar/full/18890.
3[Blockinggoeson],Namba.kg(blog),April6,2010http://blogs.namba.kg/post.php?id=470.
4Kyrgyzstanmustdropchargesagainstjournalist,CommitteetoProtectJournalists,February29,2012,
http://www.cpj.org/2012/02/kyrgyzstanmustdropchargesagainstjournalist.php.
KYRGYZSTAN

penetration rate in 2012 stood at 21.7 percent, an increase from 14 percent in 2007.5 Kyrgyzstans
State Communication Agency (SCA) reported a notably higher 2012 figure of 3.5 million people,
or about 50 percent of the population.6 However, a USAID-funded survey by M-Vector Consulting
Agency in 2011 found that only 16 percent of respondents reported ever using the internet.7
Among them, 51 percent were located in the capital Bishkek and 32 percent in Osh, the countrys
second largest city. By contrast, only 5 percent of rural respondents reported ever going online,
reflecting the urban-rural divide in penetration. Similar research conducted in 2012 by the MVector Consulting Agency indicated about 30 percent of the population was using the internet, of
which around 70 percent were using mobile devices.8 Cybercafes are a relatively popular means of
obtaining internet access, with over one-third of internet users reporting that they had accessed the
internet at such a venue.9
Fixed-broadband access, via either fiber-optic cables or DSL, is accessible mainly in Bishkek, with
broadband in the provinces provided only by the state-run KyrgyzTelecom. Broadband speeds
range from 24 Mbps for DSL to 100 Mbps for the FTTX (fiber to the x) network, which is welldeveloped in Bishkek. The government has launched a CDMA450 mobile telephone and
broadband network to expand telecom infrastructure into more rural areas, though it has only
become partially active. CDMA450 phones have become popular in rural areas with more than
30,000 subscribers as of November 2011.
Mobile phone penetration is significantly higher than internet penetration in Kyrgyzstan, with a
penetration rate of nearly 122 percent in 2012.10 Mobile phone companies claim that their
networks cover 90 percent of the populated territory in the country, thus extending the possibility
of internet use for most people as mobile web access expands. At the end of 2010, Beeline (one of
the largest mobile phone carriers) launched a 3G network that currently covers the entire country.
In January 2012, another large firm, Megacom, launched its own 3G network in Bishkek and
reported plans to cover the entire country within six months, though as of 2013 they had not
implemented these plans. Saima Telecom has launched a 4G network covering Bishkek and some
suburbs.
Despite the spread of ICT infrastructure across the country in recent years, the price of internet
access remains beyond the reach of much of the population. As an indication of the limited access
among lower income brackets, an M-Vector study conducted in 2011 found that only 6.7 percent
of individuals with an average monthly income of less than KGS 2,000 (about $44) use the internet,
compared to about 40 percent of those with a monthly income of KGS 20,000 to30,000 (about
5InternationalTelecommunicationUnion(ITU),PercentageofindividualsusingtheInternet,2007&2012,accessedJuly13,
6ReportoftheStateCommunicationAgencyunderthegovernmentofKyrgyzRepublicfor2012,accessedJuly13,2013,
http://nas.kg/images/god_ot4et2012.docx.
7MediaConsumption&ConsumerPerceptionsBaselineSurvey,MvectorConsultingAgency,April2011,http://m
vector.com/upload/news/media_survey_eng/5SectionDInternet.pdf.
8MediaConsumption&ConsumerPerceptionsBaselineSurvey2012(2ndWave)Kyrgyzstan,MvectorConsultingAgency,
April2012,http://mvector.com/upload/media_presentation/Presentation_media_2wave_fin_EN_general.pdf
9Ibid.
10ReportoftheStateCommunicationAgencyunderthegovernmentofKyrgyzRepublicfor2012,accessedJuly13,2013,
http://nas.kg/images/god_ot4et2012.docx
KYRGYZSTAN

$440 to 662).11 Moreover, given the high poverty rates in rural areas, accessing the internet is not a
high priority for many people.12 Individuals living in rural areas largely rely on mobile phone
internet access because the fixed-line infrastructure is very underdeveloped. Such service costs on
average between $20 and $150 per gigabyte for mobile internet access; by comparison, the average
monthly income per capita is $190.13 A lack of equipment and low computer literacy also render
internet use difficult for many people in rural areas. Prices for unlimited data plans, which are
primarily available in the capital, are more affordable, ranging from $5 to $100 per month for
fixed-line broadband, depending on speed.14 At the end of 2012, mobile operators began to
implement data plans with unlimited internet traffic but with limited bandwidth. They are
accessible at the price of $0.25 to $0.50 per day.
Fixed-line internet service providers impose different fees for accessing domestic versus
international content. All fixed-line operators charge about 10 times less in fees, or do not charge
fees at all, for domestic traffic compared to international traffic. Mobile phone operators do not
make this distinction in their data plans and charge the same for accessing information, regardless of
where it is hosted.
Many social media outlets such as YouTube, Facebook, and Twitter are freely available. However,
some international blog-hosting services are subject to filtering from ISPs based in Kazakhstan. ISPs
in Kyrgyzstan are not required to use government-owned channels to connect to the international
internet and can establish their own. In 2010, the state-owned ISP KyrgyzTelecom completed the
construction of a fiber-optic cable connection to China, but it has yet to begin functioning.15
Currently, three out of four of Kyrgyzstans first-tier ISPs are linked to the international internet
via Kazakhstan and its state-run provider KazakhTelecom; the fourth connects through Russia.16 As
a result, websites that are blocked by the government of Kazakhstan can sometimes become
inaccessible to users Kyrgyzstan as well. For example, sites such as LiveJournal, the news website
Newsland,ru, and some Google services have been blocked in Kazakhstan, making them
inaccessible for some users in Kyrgyzstan. As of May 2013, only Saima Telecom still receives
filtered traffic from Kazakhstan, whereas other ISPs receive unfiltered traffic.
Kyrgyzstans telecommunications sector is relatively liberalized and competitive compared to that
of other countries in the region. The state-owned KyrgyzTelecom is the largest ISP with a market
share of about 60 percent. The other three first-tier ISPs (Elcat, Megaline, and Saima Telecom) are
privately owned. The largest among them is Megaline, which provides broadband service in
11MediaConsumption&ConsumerPerceptionsBaselineSurvey,MvectorConsultingAgencyApril2011,http://m
vector.com/upload/news/media_survey_eng/5SectionDInternet.pdf
12Inruralareas,about60percentofthepopulationlivesbelowthepovertyline,whileincities,thisnumberisabout30
percent.Source:USAIDLocalDevelopmentProgram,USAIDKyrgyzRepublic,accessedSeptember17,2012,
http://ldp.kg/en/tasks/chassector/sectors/agriculture/meat/.
13WorldBank,Grossnationalincomepercapita2011,AtlasmethodandPPP,WorldBankDatabank,2011,accessedJuly18,
2012,http://databank.worldbank.org/databank/download/GNIPC.pdf.
14TheinformationisobtainedbycomparisonsoftariffplansfromthesitesofISPs.
152010,[Annualreport2010,Kyrgyztelecom],Kyrgyztelecom,accessedSeptember17,
2012,http://www.kt.kg/about_us/documents_and_tender/#uitabs3.
16InternetServiceProvidersinKyrgyzstan,Tilekus.com(blog),updatedJanuary6,2012,accessedJuly24,2013,
http://www.tilekus.com/interests/internetincentralasia/internetprovidersinkyrgyzstan.
KYRGYZSTAN

Bishkek. In addition to the first-tier providers, there are 69 licensed second-tier ISPs, though only
15 are active.
There are seven mobile phone operators providing voice and data services via a variety of technical
standards. The two largest competitors, with nearly equal market share, are Megacom and Beeline.
Megacom was nationalized in 2010 amidst the political upheaval. There are 12 companies with
frequencies for deploying 4G networks, but only 4 of them have begun to use the frequencies for
this purpose, due to the large investment required in the first stage of deployment.17
The main body regulating the ICT industry, including radio spectrum allocation, is the State
Communication Agency under the Government of Kyrgyzstan (SCA), a government body with a
director and 137 members. The director and two deputies are appointed by the prime minister.18
Some facets of the agencys work have been criticized, such as the inefficient and non-transparent
allocation of radio frequencies and restrictions on wireless mesh networks. Another problematic
issue has been the requirement that communication devices (including computers, modems, and
wireless access points) be locally certified by the SCA. While this requirement is not systematically
enforced, its selective application could serve as an instrument of political pressure and pretext for
authorities to seize uncertified property, though this has not yet occurred.
LIMITS ON CONTENT
The government does not significantly censor the internet, but some political and news websites, as
well as specific content that is deemed controversial or harmful, have been sporadically blocked in
the past few years. In 2011 there were several attempts by government bodies to block political
content or entire news websites, such as the case against Ferghana.ru. In 2012, the Prosecutor
Generals Office ordered ISPs to block access to the video Innocence of Muslims on YouTube,
and to restrict access to a film festival entry titled I am Gay and Muslim. In the second example,
the film festival organizer brought the case to court, arguing that the restriction violated the right to
freedom of expression. Additionally, following Russias enactment of legislation to protect children
from harmful content on the internet, the Kyrgyz parliament proposed similar legislation that was
met with strong opposition by a variety of stakeholders.
Although the government has taken efforts to censor certain content on the internet, in general
there are fewer restrictions placed on material that is available online. This may be because
television remains by far the dominant medium through which citizens obtain information about
their country, and thus censorship efforts have focused on broadcast media.19 For example, in the
17124,WiMaxLTE[Only4from12companies
confirmedthattheyarerollingoutWiMaxandLTEnetworksinKyrgyzstan]December5,2012,
http://www.gipi.kg/archives/4092
18RegulationontheStateTelecommunicationAgencyunderthegovernmentofKyrgyzRepublic,passedbyaResolutionof
thegovernmentofKR124,asofFebruary20,2012.
19Accordingtothe2012Mvectorsurvey,TVstillremainstheprimarysourceofinformationfor82.6percentofthe
population.Source:MediaConsumption&ConsumerPerceptionsBaselineSurvey2012(2ndWave)Kyrgyzstan,Mvector
ConsultingAgency,April2012.
KYRGYZSTAN

run-up to the 2011 presidential elections, the government passed a statute placing stringent
regulations on foreign television broadcasts related to the elections and imposing high fines for
violations.20 Given the difficulty of parsing content, television carriers chose to cut off access to
most foreign television channelswhether they were Russian, American, or Europeanin order
to avoid the fines. By comparison, the websites of broadcasters such as CNN, the BBC, or Russia
Today remained available throughout the campaign. Online resources were not affected by this
statute as they are not considered to be mass media. Nevertheless, there have been several incidents
of government entities ordering blocks of online content, including at least one news website.
In June 2011, the parliament passed a resolution instructing the government to block the
independent Central Asian news website Ferghana News, based on charges that its content could
incite national strife.21 In February 2012, the SCA sent letters to all ISPs delineating the
requirement to block the news website.22 As of April 2012, only KyrgyzTelecom had implemented
the blocking.23 On November 19, 2012, the human rights defender organization Partner Group
Precedent, representing Ferghana News, filed a lawsuit against the SCA claiming that the ban on the
news site violated the right to freedom of expression.24 During the court hearings, the SCA
representative stated that their letter to ISPs requiring them to take measures on blocking Ferghana
News was of a voluntary nature and that ISPs were not forced to block the website.25 In April 2013,
the SCA sent official letters to ISPs in Kyrgyzstan confirming that they were not required to block
the site. Subsequently, all ISPsincluding the state one, KyrgyzTelecomunblocked the site,
though the legal status of the original parliamentary resolution is still unclear.26
After Russia passed a law titled On Protection of Children from Negative and Harmful
Information in July 2012, a group of parliamentarians in Kyrgyzstan initiated similar legislation
titled On protection of children from information threatening to their health and development.27
Although almost identical to the Russian law, this act is less specific regarding internet regulation,
and if passed it could be used as a tool for internet censorship by allowing the government to close
down sites without a court decision. The criteria upon which the government would make these
decisions are unclear. The proposal sparked public outrage, and an internet movement named
Kyrnet.kg conducted advocacy activities that compelled members of parliament to postpone the bill
until it could be amended.
20Accordingtothestatute,alloverseaschannelsduringanelectioncampaigncanonlybebroadcastedfromrecordedsources
andmustnotcontainanyinformationaboutcandidatesthatcanbeconsideredaspropagandaorthatcandiscreditthem.See
Article22oftheConstitutionalLaw68,OnelectionsofthePresidentofKyrgyzRepublicanddeputiesofJogorkuKeneshof
KyrgyzRepublic,asofJuly2,2011.
21ResolutionofJogorkuKenesh,Kenesh.kg,June17,2011,http://kenesh.kg/RU/Pages/ViewNews.aspx?id=8&NewsID=2678.
22[PressreleaseoftheState
TelecommunicationAgencyunderthegovernmentofKyrgyzRepublic],February22,2012.
23IndependentNewsWebsitePartlyBlockedinKyrgyzstan,RadioFreeEurope/RadioLiberty,February22,2012,
http://www.rferl.org/content/independent_news_website_partly_blocked_in_kyrgyzstan/24492408.html.
24Fergana.ru[LegalityofFergana.rublocking],December3,2012,
http://precedent.kloop.kg/2012/12/03/zakonnostblokirovaniyasajtaferganaru/.
25Fergana.ru[LitigationofLegalityofFergana.rublocking],
December22,2012,http://precedent.kloop.kg/2012/12/22/sudebnoeosparivaniezakonnostiblokirovaniyasajtaferganaru/.
26Kyrgyzstan:NewsSiteUnblocked,YetStillIllegal,Eurasianet.org,May7,2013,http://eurasianet.org/node/66936.
27,
[ProtectionofChildrenfromNegativeandHarmfulInformationActissubmittedforpublic
discussion],July10,2012,http://bit.ly/1bhGZy9.
KYRGYZSTAN

According to the legal requirements in place under the 2005 statute On Counteraction to
Extremist Activities,28 the procedure by which a website can be blocked must first begin with a
request to the prosecutor.29 After the request is issued, a review committee must be assembled
consisting of representatives from different organizations (linguistic, religious, legal, and so forth)
that can confirm the extremist nature of the site. However, members of the committee are
appointed by the government, calling into question the committees independence and level of
objectivity. Once confirmation is granted, a court issues a judicial decision to block the website.
In November 2012, the Ministry of Internal Affairs proposed amendments to the law On
Counteraction to Extremist Activities originally passed in 2005, which would allow the
government to order web hosting services to shut down websites hosted in Kyrgyzstan, or block
any sites hosted outside the country, if the government recognizes the content as extremist.30
These amendments gave rise to criticism from parliamentarians who noted that in this case websites
should be included in the category of mass media, and that the amendments need further
discussion.31 At the same time, these amendments are intended to make the process for blocking
websites more transparent, since they oblige corresponding bodies to publish the list of blocked
resources on their official sites. Despite the criticisms, the amendments were passed on May 8,
2013.32
The video Innocence of Muslims, which provoked a wave of protests throughout the Islamic
world, caused a controversy in Kyrgyzstan as well. On September 19, 2012, the Prosecutor
Generals Office, based on the expert conclusion of the State Commission for Religious Affairs,
filed a claim that asked the court to recognize the video as extremist and ban it from show and
dissemination in Kyrgyzstan.33 At the same time, the Prosecutor Generals Office instructed the
SCA to take measures to restrict access to the video on YouTube.34 Parliamentarians debated that
question and were divided in opinion, with some of them calling to ignore the video and others
affirming the need to protest against it. Finally, the parliament issued a resolution to block the
video temporarily before the court issued a decision, which is against the constitution and other
laws.35 One day later, the court decided to recognize the video as extremist and banned it from
28DmitryGolovanov,Kyrgyzstan:ExtremismOutlawed,IRISMerlin,August2005,
http://merlin.obs.coe.int/iris/2005/8/article26.en.html;Thestatuteoncounteractionagainstextremistactivitiesasof
February20,2009.
29Representativesofthe10thdepartmentexplainedtheproceduretotheauthorinaprivateinterviewinDecember2011.
30[Theamendmentsto
thelawOnCounteractiontoExtremistActivitieshavepassedsecondreading],February28,2013,http://www.for.kg/news
216159ru.html.
31[Amendmentsonclosingextremistsitesaresent
torevision]November26,2012,http://bit.ly/18eWjdw.
322013[TheStatutesofKyrgyzRepublicfor2013]
http://minjust.gov.kg/?page_id=11941.
33[InnocenceofMuslimscontains
religioushatredtraces],September20,2012,http://asiapress.kg/koom/3605nevinnostmusulmansoderzhitpriznaki
vozbuzhdeniyamezhreligioznoyvrazhdy.html
34[GeneralProsecutorOffice
wantstobanInnocenceofMuslimsfilminKyrgyzstan],September19,2012,http://www.knews.kg/ru/action/21685/
35[JogorkuKeneshexpresseditspositionforfilm
InnocenceofMuslims]September20,2012,http://kabar.kg/index.php/politics/full/40755.
KYRGYZSTAN

show and dissemination in Kyrgyzstan.36 According to a statement by the State Committee of
National Security of Kyrgyzstan, possession of the film on any storage device could have led to
criminal prosecution.37 Interestingly, the Religious Administration of Muslims of Kyrgyzstan stated
that there was nothing in the video related to Islam and called on Kyrgyz Muslims not to react to
the provocation.38
One week later, a film titled I Am Gay and Muslim by the Dutch director Chris Belloni was
scheduled to screen at the International Documentary Film Festival on Human Rights held in
Bishkek from September 2428, 2012. On September 28, the day the film was supposed to be
shown, representatives from the State Committee of National Security (SCNS) confiscated a copy
of the film and issued a warning to the festival organizers, stating that the State Commission of
Religious Affairs had deemed the film extremist.39 That same day, the Pervomaysky District
Court recognized the film as extremist and banned it from demonstration and dissemination.40
Additionally, the Prosecutor Generals Office ordered the SCA to take measures to restrict access
to this film for internet users in Kyrgyzstan, and on October 8, 2012, the human rights group that
organized the film festival received a notice from their web hosting company stating that their
website might be shut down if it contained any references to the banned film.41 The organizer of the
festival, Tolokan Ismailova, claimed that SCNS representatives did not have the authority to
confiscate the film or issue the warning and brought a suit against the State Committee of National
Security. Nevertheless, the court dismissed the case.42
The government has also sought to restrict access to terrorism-related content. In November 2011,
a top official in the 10th department of the Ministry of Internal Affairs claimed that their unit for
countering cyberthreats had identified 12 websites with terrorist and extremist content that were
then blocked according to a court order.43 Among the list of blocked websites was Furqon.com,
which belongs to the militant group Islamic Movement of Uzbekistan.
Self-censorship exists online to a certain degree, primarily as a result of government restrictions
against the incitement of national hatred. All posts on forums are strictly moderated to limit this
36[Thecourtruledtoban
disseminationandshowofthefilmInnocenceofMuslimsinKyrgyztan]September21,2012,
http://www.kabar.kg/rus/society/full/40796
37,
[IncaseofdiscoveringofthefilmInnocenceofMuslimsoncomputer
oranyelectronicdevices,theownerwillbecriminallyprosecuted],September21,2012,
http://www.paruskig.info/2012/09/21/68993
38:"",[RAMK:ThefilmInnocenceof
MuslimshasnothingrelatedtoIslam]September18,2012,http://bit.ly/18AlJBo.
39Kyrgyzstan:DismissalofthecomplaintlodgedbyMrs.TolekanIsmailova,InternationalFederationforHumanRights
(FIDH),November29,2012,http://www.fidh.org/KyrgyzstanDismissalofthe12515.
40Ibid.
41Ibid.
42
[TolekanIsmailovavs.StateCommitteeofNationalSecurityregardingIamGayandMuslim],December7,
2012,http://anticorruption.kg/2012/12/07/1057/.
4312[12
siteshavebeenblockedinKyrgyzstanasspreadingrumorsofextremistkind],KyrgyzTelegraphAgency(KirTAG),November28,
2011,http://www.kyrtag.kg/?q=news/13260.
KYRGYZSTAN

type of content, and online journalists or bloggers generally try to avoid issues concerning ethnic
relations.
Online platforms such as forums and social networks are actively used for manipulating public
opinion, usually by trolls hired by different political actors to influence discussions and express
favorable views. Reportedly, the compensation of a troll for one campaign can be anywhere from
US$200700.44
The Kyrgyz blogosphere is not well-developed. There are several popular blog-hosting platforms in
Kyrgyzstan (such as Namba.kg, Kloop.kg, Diesel.elcat.kg, and Taboo.kg), but most blogs focus on
entertainment, reprint reports from other news agencies, or simply contain a bloggers personal
thoughts on different issues. There are no particularly popular blogs specifically devoted to political
or social issues. Most blogs are in Russian, though some are in the local Kyrgyz language, but the
latter are not as popular as the former. The internet in general has become an important source of
alternative information for users, but since it is primarily the wealthier segments of the population
who can afford to consistently access the internet, the wealthy are the main participants in online
communities. Social media applications such as Facebook have not yet gained widespread
popularity. As of February 2013, there were about 111,000 Facebook users in Kyrgyzstan,
accounting for about 10 percent of the online population in the country.45
Several online initiatives were launched in the run-up to the 2011 elections, including the website
Politmer.kg, created to allow Kyrgyz citizens to monitor the campaign promises made by the
presidential candidates, and the crowd-sourcing website Map.inkg.info, created to document and
map election violations. During pre-election debates, some forum topics were created to collect
questions for the candidates.
Perhaps the most successful online mobilization campaign came in response to the proposed
legislation titled On protection of children from information threatening to their health and
development. This proposal provoked public outrage, and in an effort to bring attention to the
issue, many of the largest ISPs and content providers placed banners over their sites with slogans
such as ATTENTION! This site can be closed. Get to know details and vote against. The proposal
also sparked the internet movement Kyrnet.kg, which conducted advocacy initiatives against the
act. Within two months, the site had collected approximately 12,000 votes against the act.
Furthermore, in a September 2012 meeting with group of parliamentarians from the political group
that had initiated the act, the representatives of Kyrnet.kg showed the results of the voting and
explained the shortcomings of the act. The parliamentarians agreed that the act needed further
elaboration and promised to arrange an extended meeting with all of the parliamentarians who
initiated the law for further discussion.46
44AlmazRysaliev,YuliaGoryaynova,DinaTokbaeva,LolaOlimova,andBakhtiyorRasulov,CentralAsia'sTrollWars,Institute
forWar&PeaceReporting,February14,2012,http://iwpr.net/reportnews/centralasiastrollwars.
45KyrgyzstanFacebookStatistics,SocialBakers,accessedMarch2012,http://www.socialbakers.com/facebook
statistics/kyrgyzstan.
46[Ourlikeswork!],September17,2012,http://kyrnet.kg/archives/44.
KYRGYZSTAN

Authorities in Kyrgyzstan continued to prosecute individuals for posting material online that was
deemed controversial, based on charges such as inciting national hatred. Additionally, in February
2013 there was a case of physical assault against a journalist by a member of parliament. While this
appears to be an isolated incident, it points to a broader lack of respect for journalists on the part of
politicians in the country.
The rights to freedom of speech and freedom of expression are legally protected in the new
constitution that was approved by referendum in June 2010, and which strengthens the power of
the countrys parliament vis--vis the president. Article 31 of the constitution guarantees the right
to freedom of thought, expression, speech, and press. Article 29 provides constitutional
protections over privacy, including private correspondence (by phone, mail, electronic, or others),
and forbids the collection or dissemination of confidential information without an individuals
consent. Nevertheless, the judiciary is not independent and remains dominated by the executive
branch. Corruption among judges, who are generally underpaid, is also widespread, hindering the
fairness of decisions in freedom of expression cases as well as others.
In July 2011, the government decriminalized libel to bring legislation in line with the new
constitution. Nevertheless, insult remains a criminal offense and is punishable by a fine. Officials
have long used libel charges to stifle critical media but have not applied these laws against bloggers
to date.47 The criminal code contains several provisions (Articles 299 and 299-1) that prohibit
inciting national, racial, religious or inter-regional hostility. In some cases, the government has
sought to apply these provisions in a bid to restrict nonviolent political speech as well.
One of these cases involved independent journalist and blogger Vladimir Farafonov, who was
charged on February 12, 2012 with inciting national hatred based on his publications on NewsAsia.ru, Centrasia.ru and Parus.kg.48 Farafonov had written a series of articles that were critical of
Kyrgyz politics and which examined the potential effects of the 2011 presidential election on the
countrys minority populations.49 The charge was based on the opinion of a commission convened
by the security service, but given the fact that the commission was composed of only legal and
political experts, Farafonov asked for Russian philology experts to review the case. These experts
expressed their opinion that Farafonov had used language that was tough and sometimes tactless,
but not extremist.50 The prosecution had asked for a sentence of 8 years in jail for Farafonov;
47OSCEHailsKyrgyzstanDecisiontoDiscriminateLibel,TheTelegraph,July19,2011,
http://www.telegraph.co.uk/news/worldnews/asia/kyrgyzstan/8648135/OSCEhailsKyrgyzstandecisiontodecriminalise
libel.html.
48:
[SCNSofKyrgyzstan:commisionofexpertsprovedtheindicationsofnationalhatredincitementin
publicationsofVladimirFarafonov],February20,2012,http://www.24.kg/community/122018gknbkyrgyzstanayekspertiza
podtverdilanalichie.html.
49Kyrgyzstanmustdropchargesagainstjournalist,CommitteetoProtectJournalists,February29,2012,
http://www.cpj.org/2012/02/kyrgyzstanmustdropchargesagainstjournalist.php.
50![ThejournalistVladimir
Farafonovisaccusedinnationalhatredincitement!],February24,2012,http://polit.kg/newskg/310.
KYRGYZSTAN

however, the judge decided to reduce the sentence to a fine of KGS 50,000 (approximately
$1,000). The case became widely known and aroused a wave of indignation from journalists,51 as
there were many cases of similarly tactless expressions by other authors in Kyrgyz language media
outlets which received no punishment.
All traditional media outlets must register with the government. In June 2011, the Prosecutor
Generals Office proposed amending the statute that regulates mass media52 to include internet
news websites as a form of mass media, requiring them to have a license and to operate with the
same responsibilities as traditional media outlets.53 In January 2012, an expert from the
Government Office seconded the recommendation;54 however, it remains unclear whether online
media are to be treated the same under the law as traditional news media outlets.
There are currently no restrictions on anonymous communication on the internet in Kyrgyzstan.
Websites do not need to register, encryption software is freely available, and real-name registration
is not required to post content online. Furthermore, registration for prepaid SIM cards is optional;
however, post-paid SIM cards, which are rarely used, do require registration with a passport.
Like many former Soviet states, Kyrgyzstan maintains and updates its surveillance technology in
line with Russias practices. Kyrgyzstans surveillance network is modeled after Russian SORM
technology (system for operational-investigative activities), and in August 2012, Kyrgyzstan
updated its surveillance network to be on the same level as current Russian interception systems.55
In 2010 and 2011, there were several scandals which revealed the abuse of equipment used for
intercepting communications. A subsequent study from June 2011 by the non-profit Civil Initiative
on Internet Policy (CIIP) analyzed the legislative framework surrounding interception and its
enforcement. It concluded that there were many gaps in the law that enabled interception
equipment to be used, and even abused, without sufficient oversight.56 In April 2011, the
parliament passed a decision to switch off all interception equipment deployed on the premises of
mobile phone operators.57 According to reports from September 2011 by members of parliament,
51:..,.
[Kyrgyzstan:AfterrallyinsupportofV.Farafonov,petitionsofA.Knyazev,U.Babakulovand
RussiancountrymenweresubmittedtoRussianEmbassy]February27,2012,www.fergananews.com/news.php?id=18246
52Thelaw,Onmassmedia,June16,2008,http://www.medialaw.kg/?q=node/9.
53,
kg[ProsecutorGeneral'sOfficesuggeststolegalizeinternetagenciesandsites,registeredin
.kgzone,byinclusiontheminthelistofmassmedia],24.kg,June6,2011,http://www.24.kg/community/101891
genprokuraturakyrgyzstanapredlagaet.html.
54NurzadaTynaeva,,
[TheexpertoftheGovernmentOfficesuggeststoworkoutthenewstatuteonmassmedia
toregulateinformationagencies],Knews.kg,January17,2012,http://www.knews.kg/ru/parlament_chro/9145/.
55
AndreiSoldatovandIrinaBorogan,RussiasSurveillanceState,WorldPolicyInstitute,Fall2013,
56,[Analysisofthe
Kyrgyzlegislation,concerninglawfulusingofinterceptionequipmentpreliminaryconclusion],Gipi.kg,accessedSeptember
17,2012,http://www.gipi.kg/archives/1743.
57ResolutionofDjogorkuKenesh332Vasof15.04.2011,Onswitchingoffmobileoperators'lawfulinterception
equipment.
KYRGYZSTAN

however, the equipment continues to function.58 Since February 2012, the CIIP, together with the
Kyrgyz State Committee on National Security and several human rights organizations, have been
working on amendments to the statute on the Conduct of Investigationsthe body responsible for
regulating these issuesthat would clarify the circumstances surrounding the use of interception
and provide a more adequate legal framework. As of mid-2013, the draft was still being discussed
in the parliament because of an ongoing debate between the two bodies looking to take control
over the interception equipment: the Ministry of Internal Affairs and the State Committee of
National Security.
Amid ongoing ethnic tensions, in 2011, there were several reported instances of physical attacks or
intimidation of members of minorities associated with news websites. In August 2011, Sokhrukh
Saipov, the editor and publisher of the news website UzPress, was brutally attacked, although it is
unclear whether Saipov was attacked specifically for his online activities. The website publishes
content in three languages about the social and political challenges affecting ethnic Uzbeks in
southern Kyrgyzstan.59 In a separate incident in May 2011, followers of the nationalist Asaba party
threatened non-ethnic Kyrgyz staff of the online news agency 24.kg.60 In 2012, there were 10
instances of physical attacks on journalists.61 Most of them occurred during the coverage of mass
rallies; however, none of these attacks were directly related to online activities.
In February 2013, Member of Parliament (MP) Tursunbai Bakir uulu, a former ombudsman,
published a post on his Facebook page in which he indirectly called another MP, Irina
Karamushkina, a guest in Kyrgyzstan because she did not know the Kyrgyz language. A journalist,
Eric Israilov, defended Karamushkina by stating that she not a guest but was rather an MP and a
citizen of Kyrgyzstan. The online debate became very heated, and Bakir uulu suggested that Israilov
meet him face-to-face. During the meeting Bakir uulu reportedly pushed Israilov and slapped him
in his face.62 Later, the leader of the political party to which Bakir uulu belongs stated that it was a
quarrel between two men and had nothing to do with political issues.63 In a session of parliament
58:[Dastan
Bekesev:LawfulinterceptionequipmentstillkeepsworkinginmobileoperatorsinKyrgyzstan],24.kg,September8,2011,
http://www.24.kg/parlament/108440dastanbekeshevvkyrgyzstanevkompaniyax.html.
59IndependentJournalistBrutallyAttackedinKyrgystan,CommitteetoProtectJournalists,August15,2011,
http://www.cpj.org/2011/08/independentjournalistbrutallyattackedinkyrgyz.php.
60WorldReport2012:Kyrgyzstan,HumanRightsWatch,accessedAugust30,2012,http://www.hrw.org/worldreport
2012/worldreport2012kyrgyzstan.
6110
[Thereare10physicalattacksonjournalistshappenedduringperformanceoftheirdutiesinthisyear]
November9,2012,http://www.paruskg.info/2012/11/09/71388.
62
[ThedeputyTursunbaiBakiruuluoffendedandattackedthejournalistofdailyeditionPublicratingEricIsrailov],
February15,2013,http://inkg.info/narusheniyaprav/pravonadostupkinformatsii/2702deputattursunbajbakiruulu
oskorbiliudarilkorrespondentaezhednevnikaobshchestvennyjrejtingerikaisrailova
63:,,,
[FelixKulov:TursunbaiBakiruuludoesn'tdenythatheslappedEricIsrailov,butitwasaquarreloftwo
menandnotdeputyandjournalist]February15,2013,http://www.24kg.org/parlament/148170felikskulovtursunbajbakir
uuluneotricaet.html.
KYRGYZSTAN

two months later, members of parliament blamed Israilov as the source of the conflict and
recommended revoking his credentials.64
Instances of politically motivated cyberattacks are generally rare, including in the run-up to the
2011 presidential elections, but they do occur. In 2005, the OpenNet Initiative recorded the
extensive use of distributed denial-of-service (DDoS) attacks against opposition and news websites,
demonstrating a precedent for such attacks.65 In September 2011, there was one incident of hackers
defacing Kabar.kg, the online government news agency website, but this did not significantly
obstruct the agencys work. In March 2012, the social entertainment resource Namba.kg
experienced a DDoS attack that was apparently part of an extortion attempt.66 In the same month,
the news agency Vesti.kg also reported a DDoS attack on its site,67 presumably because they had
been republishing articles from Ferghana News.
During 2012 there were several incidents of cyberattacks on government sites. The sites of the
Ministry of Defense (Mil.kg), the State Communication Agency (Nas.kg), and the main portal of
the government (Gov.kg) were defaced at different times. However, these attacks were attributed
to the overall weak security of the sites, rather than to attacks by the opposition, and all attacks
were made automatically by finding some vulnerabilities.
64[ThejournalistEricIsrailovistootoughforthedeputies],April13,2013,
http://rus.kg/news/policy/10473zhurnalisterikisrailovdeputatamnepozubam.html.
65Kyrgyzstan,OpenNetInitiative,December18,2010,http://opennet.net/research/profiles/kyrgyzstan.
66Asreportedbytheblogat:http://blogs.namba.kg/post.php?id=116481.
67AnnaYalovkina,"":,DDoS""""[Editorof
Fergana:ItshardtojudgewhetherDDoSattacksonFerganaandVestiarerelated],Vg.kg,March29,2012,
http://www.vb.kg/news/society/2012/03/29/183948_redaktor_fergany_trydno_sydit_sviazany_li_ddos_ataki_na_fergany_i_v
esti.html.
KYRGYZSTAN
LEBANON
2012
2013
PARTLY
N/A
FREE

n/a
n/a
n/a
n/a
Total (0-100)
14
10
21
45


The Lebanese parliament reviewed numerous proposals for a long-awaited new media
law that will seek to regulate internet and mobile communications (see VIOLATIONS
OF USER RIGHTS).
Several web users were prosecuted for libel and defamation, though charges were
dropped after media pressure or public outcries (see VIOLATIONS OF USER RIGHTS).
In a highly-publicized move, Telecommunications Minister denied a request by the
internal security apparatus for access to phone records, e-mail, and other data for
millions of Lebanese users, while igniting public discourse on the legality of such
requests (see VIOLATIONS OF USER RIGHTS).
LEBANON

INTRODUCTION
The Lebanese public has long had a strong sense of entitlement to freedom of expression and
freedom of the press, particularly in comparison to many countries in the region, although in reality
some of these freedoms have been curbed. The introduction of the internet to the country in 1991
has furthered this sense while offering even more channels for Lebanese to express themselves and
protest any attempt to curb their freedoms.1 At the same time, the problems that plague traditional
media also shape and influence new media and communication technologies, such as sectarian
divisions, partisanship, the vague legal environment, and the poor state of infrastructure. These
many issues are often attributed to a struggling economy and constant political turmoil.
Over the past year, mainstream and social media were abuzz with stories of low profile police
arrests, interrogations, and intimidations that targeted online activists, bloggers, and social media
users. There were many unconfirmed reports surrounding attempts by the government to censor
or even force the closure of online discussion forums and social media groups that expressed
political criticism. As the parliamentary committee on media and telecommunications continues to
engage in confidential discussions in drafting a new media law, Lebanese continue to deal with the
chaotic, confusing and somewhat restrictive legal environment of the country.
If promises are kept to introduce positive reforms of the legal, infrastructural, and economic
aspects of the Lebanese ICT sector, the country can reconfirm its avant-garde status within the Arab
world. If, on the other hand, the government fails to pass new legislation or worse, implements
one of the many poorly-conceived laws it has proposed in recent years, Lebanon risks regressing
into an oppressive online environment in which the rights to privacy and information are restricted
by authorities. Some developments at the infrastructural level and policy level hint to a brighter
future, but the recent government collapse and deteriorating situation due to the conflict in
neighboring Syria suggest otherwise. The recent upsurge in political-sectarian conflict has further
destabilized Lebanon and contributes to an overall sense of uncertainty over the ICT infrastructure
and online media landscape.
OBSTACLES TO ACCESS
In the past, internet and mobile services had been expensive, slow, unreliable, and difficult to
access, especially in rural areas and outside of the capital Beirut.2 Recently, however, access to the
internet in Lebanon has been slowly but steadily improving under pressure from activists and
businesses. Figures from the International Telecommunication Union (ITU) showed that internet
TheinternetinLebanonwasfirstintroducedtotheAmericanUniversityofBeirutin1991.Publicaccessstartedtwoyears
later,butthesignificantdiffusionofpublicinternetaccessdidnottakeoffuntilthemid1990swhenmultipleISPswere
established.Seehttp://webscience.blogs.usj.edu.lb/1636/historyofwebinlebanon/.
2
JadMelki,YasmineDabbous,KhaledNasserandSarahMallat(2012).MappingDigitalMedia:Lebanon,NewYork,NY:Open
SocietyFoundation.http://www.soros.org/initiatives/media.
LEBANON

penetration increased from 19 percent in 2007 to 61 in 2012.3 Broadband penetration (fixed and
wireless) stands at 24 percent, although fixed-broadband remains unavailable in many rural areas.4
Of the estimated 1.3 million internet subscribers in Lebanon, currently 722,000 of them have 3G
subscriptions.5 Nonetheless, 3G connections are slow, sporadic, and unavailable in many remote
areas.6 Overall, there are around 93 mobile telephone subscriptions per every 100 inhabitants.7
In October 2011, the Lebanese government dramatically increased the speed of broadband internet
and introduced 3G technology to mobile services. Average internet speeds have doubled since
March 2012, though Lebanon still ranks only 151st in the world for average speeds, according to the
independent Household Download Index.8 The Ministry of Telecommunications promised further
improvements and the upcoming introduction of 4G.9 In the past, however, political clashes
between the ministry and operators have delayed network upgrades.10 In addition, the ministry has
been slow to respond to much-needed repairs and upgrades outside of major urban areas, although
significant progress has been achieved in the past two years.
The government also substantially lowered the cost of broadband internet and mobile phone
subscriptions in 2011, although consumer groups maintain that rates remain significantly more
expensive than in many other countries.11 The monthly subscription fee for ADSL starts at $22 and
reaches up to $135, including the separate subscription to a fixed phone line.12 The monthly
subscription fee for 3G ranges from $10 to $100, excluding the basic mobile subscription and
calling fees, which average around $40.13 Just over a year ago, these prices were 80 percent higher.
Nevertheless, they remain relatively high considering that, in 2011, Lebanon had a gross national
income per capita of $9,140, which translates to $762 per month.14 The relatively high prices have
not deterred most Lebanese from using internet and mobile services extensively, particularly the
youth. Internet usage and digital literacy, however, tend to drop with older and less affluent
citizens, as with rural inhabitants.15
3
InternationalTelecommunicationUnion(ITU),PercentageofindividualsusingtheInternet,2012,accessedAugust1,2013,
4
FactsandFigures.(2011,December).TelecommunicationsRegulatoryAuthority.http://www.tra.gov.lb/MarketDataFacts
andfigures.
5
FactsandFigures.(2011,December).TelecommunicationsRegulatoryAuthority.
6
TheDailyStar.(2012,Nov10).Internetspeedincreasesinoneyear.
http://www.dailystar.com.lb/Business/Lebanon/2012/Nov10/194587internetspeedincreasesinoneyear.ashx.
7
InternationalTelecommunicationUnion(ITU),Mobilecellulartelephonesubscriptions,2012,accessedAugust1,2013,
8
TheDailyStar.(2013,April3).LebanonInternetspeedtoriseto20megabitspersecond.
http://www.dailystar.com.lb/Business/Lebanon/2013/Apr03/212359lebanoninternetspeedtoriseto20megabitsper
second.ashx#axzz2PQQPW7BO.
9
TheDailyStar.(2012,Nov10).Internetspeedincreasesinoneyear.
http://www.dailystar.com.lb/Business/Lebanon/2012/Nov10/194587internetspeedincreasesinoneyear.ashx.
10
SamiHalabi.(2011,October3).HighHopesandHigherHurdles.http://www.executivemagazine.com/economicsand
policy/HighHopesandHigherHurdles/3918.
11
TheDailyStar.(2013,February14).ConsumergrouprapsLebanontelecomsrates.
http://www.dailystar.com.lb/Business/Lebanon/2013/Feb14/206361consumergrouprapslebanontelecomsrates.ashx.
12
Seeforexample:CyberiaInternet:http://www.cyberia.net.lb.
13
Seeforexample:MTCTouch:http://www.3gtouch.com/#!mtc3g.
14
WorldBank.(2011).Lebanon.http://data.worldbank.org/country/lebanon.
15
Melki,J.(2010).MediaHabitsofMENAYouth:AThreeCountrySurvey.
IssamFaresInstituteYouthintheArabWorldWorkingPaperSeries,2(1),350.http://bit.ly/9PVsQ3.
LEBANON

Disruptions to internet services are infrequent in urban areas, but tend to occur more often outside
of Beirut and in rural areas. The disruptions are usually caused by technical problems and the
inability of the network to handle the increased user load.16 Lebanon is also liable to frequent
electrical blackouts, sometimes lasting several hours per day. The Lebanese government maintains a
monopoly over the internets backbone, as well as over the fixed and mobile telephone industry in
general, allowing it to exercise tight control over internet service providers (ISPs).
The Lebanese telecommunications industry is government-owned and tightly regulated. Lebanon
has two government-owned mobile phone companies, officially named Mobile Interim Company 1
and Mobile Interim Company 2. These operate respectively under the commercial names Alfa and
Touch, which are run by the private companies Orascom Telecom Holdings and Zain,
respectively.17 Because the government sets prices and issues permits for the number of
subscriptions allowed, there is little competition in the industry and the two companies practically
split the market evenly between themselves.18 The fixed-line telephone and internet network is
owned and operated by Ogero, a state company headed by Abdulmenaim Youssef. Ironically,
Youssef also occupies a position within the Ministry of Telecommunications that oversees the
operations of Ogero.
In addition to running the internets backbone, Ogero sets internet prices and shares in the
management of online subscriptions, together with two dozen private ISPs.19 Since no law regulates
their licensing, private ISPs currently obtain a permit by decree from the Ministry of
Telecommunications.20 In addition, the government has significant control over the processing and
approving of user applications for broadband services, which can usually take between six to eight
weeks. Crucially, political influence can significantly interfere with the allocation of contracts to
private ISPs and mobile phone operators.21
Lebanese media and telecommunications laws are regulated by three semi-independent advisory
bodies that report to the Council of Ministers. The National Council for Audiovisual Media and the
Committee for Establishing Model Bylaws and Practices deal mainly with audiovisual media (TV,
radio, and satellite), while the Telecommunications Regulatory Authority (TRA) is responsible for
liberalizing, regulating, and developing the telecommunications sector in Lebanon. Overall, the
three bodies remain largely powerless and fail to live up to their expectations as independent
regulators in a modern state. While in theory the TRA is independent from the government, in
16
SamiHalabi.(2011,October3).HighHopesandHigherHurdles.http://www.executivemagazine.com/economicsand
policy/HighHopesandHigherHurdles/3918
17
Pleaseseehttp://www.touch.com.lb/autoforms/portal/touch/abouttouch/whoweare/aboutusand
https://www.alfa.com.lb/aboutus/companyinfo.aspx.
18
TheBusinessYear.(n.d.).InterviewMarwanHayek.TheNextStep.
http://www.thebusinessyear.com/publication/article/2/48/lebanon2012/thenextstep.
19
FactsandFigures.(2011,December).TelecommunicationsRegulatoryAuthority.http://www.tra.gov.lb/MarketDataFacts
andfigures.
20
AccordingtotheTelecommunicationsRegulatoryAuthority(TRA),itisTRAsprerogativetoassessandgrantlicensetoISPs,
butthepastthreeministersoftelecommunicationhaveconsideredthattheTRAhasnolegalauthoritytodoso,andthe
ministryhasusedanoldlawasabasisfortheirrighttograntsuchlicense.SeebelowforconflictsbetweentheTRAandthe
TelecommunicationsMinistry.
21
SocietyFoundation.http://www.soros.org/initiatives/media.p.89.
LEBANON

reality, dominant Lebanese political groups possess a great deal of influence over the institution,
often rendering it powerless.22 For this reason, the Ministry of Telecommunications remains the
strongest player in the internet and communications technology (ICT) domain. In fact, the past
three telecommunications ministers have gone so far as to claim that the TRA has no real authority
since the law establishing its powers has not yet been implemented.23 Tellingly, since its launch in
2007, many of the TRAs objectives have not been met, namely the transition from analog to digital
networks and the privatization of the telecommunications sector. As previously stated, many of
these issues are being held up by political disputes.
LIMITS ON CONTENT
No evidence suggests that the Lebanese government blocks or filters ICT content, particularly in
relation to political and social issues.24 Lebanons Virtual Museum of Censorship, which is complete
with reports about censorship in television, radio, film, literature, and theater, lists only two cases
of online censorship: the governments decision to ban Facebook inside parliament in 2011, and a
report about the controversial draft media law proposed by the Ministry of Information, discussed
below in greater detail.25 YouTube, Facebook, Twitter and international blog-hosting services such
as Wordpress and Blogger are freely available. In fact, Facebook, Google, Yahoo, Windows Live,
Wikipedia, Twitter, LinkedIn, Blogspot, and MSN rank among the top 15 most visited websites in
Lebanon.26 However, self-censorship is prominent in the blogosphere and in the countrys top
media outlets, which are owned by powerful figures from all sides of the political spectrum. For
this reason, Lebanese enjoy access to a wide variety of views and perspectives online, even if the
online media landscape reflects the countrys partisan and sectarian divisions.
While most social media and communication apps are available in Lebanon, certain Voice-overInternet-Protocol (VoIP) applications are blocked on an inconsistent basis in line with the 2002
Telecom Act.27 In 2010, the government-owned phone company Ogero installed equipment to
block VoIP throughout the network, but subsequently backed down under pressure from
businesses, civil society, and politicians. It is important to note that VoIP services are mainly
blocked because they cut into government revenues generated by international phone calls.
Furthermore, only certain VoIP services are blocked, such as Vonage, while Skype is freely
accessible. No clear government decision on the matter exists and the law banning VoIP remains in
place, though its implementation remains vague and inconsistent.
22
SocietyFoundation.http://www.soros.org/initiatives/media,pp.34and82.
23
SamiHalabi.(2011,July3).Redialingdiscord.ExecutiveMagazine.http://www.executivemagazine.com/economicsand
policy/Redialingdiscord/4770.
24
ImadAtalla.(2010.June8).TheDailyStar.http://www.dailystar.com.lb/Opinion/Commentary/Jun/08/Lebanonisstifling
yourdigitalfreedom.ashx.
25
TheVirtualMuseumofCensorship.http://www.censorshiplebanon.org/Home.
26
Alexa.(2013,March1).TopSitesinLebanon.http://www.alexa.com/topsites/countries/LB.
27
ImadAtalla.(2010.June8).TheDailyStar.http://www.dailystar.com.lb/Opinion/Commentary/Jun/08/Lebanonisstifling
yourdigitalfreedom.ashx.
LEBANON

One reason for the lack of blocking and filtering pertains to the highly-politicized landscape of
traditional and new media in Lebanon.28 Government officials are arguably hesitant to engage in
censorship out of fears that the moves could be seen as unfairly targeting one political-sectarian
group. In the past, this has been shown to quickly galvanize various groups against the government
or the state security apparatus, causing riots and unrest.
While filtering is not practiced, there have been limited incidents in which government security
officials pressured individuals and ISPs to remove certain commentsmainly criticisms of
government officials or the armyfrom social media pages, blogs, or websites. Acting upon a
court order, the Directorate for General Security has, in the past, pushed the administrators of
Facebook groups to delete comments or close groups that are seen as defamatory. In addition,
intermediaries are legally liable for content posted by users, including domain hosting services and
ISPs (for more on libel cases and the arrests of intermediaries, see Violations of User Rights).
Taboo subjects that would normally be banned from mainstream media outlets, such as
pornography, gambling, content supportive of Israel, and sectarian hate speech, are freely available
online. Indeed, two recent and controversial anti-Islam videos, The Innocence of Muslims and
The Innocent Prophet, remain accessible, despite a September 24, 2012 court decision to ban
access to the former in Lebanon.29 Legal experts had expressed skepticism about the ability of
authorities to implement the court order. 30
Many bloggers and online journalists admit to self-censorship, fearing repercussions from the
government or specific political or sectarian groups.31 The issues bloggers and online journalists
avoid have changed over time; for example, criticism of Syria before 2005 was rare, but some red
lines have remained constant, such as criticism of Saudi Arabia and its royal family. Contributing to
this censorial culture were the numerous assassinations of journalists and politicians from 2005 to
2011, a period that witnessed significant shifts in power inside Lebanon. This climaxed with the
high profile assassination of Prime Minister Rafik Hariri and the subsequent withdrawal of Syrian
forces from Lebanon. Nonetheless, even the most controversial topics are openly debated online.
For example, although homosexuality remains taboo in Lebanon and laws criminalize unnatural
sexual relationships, LGBTIQ rights organizations continue to publish content online despite
occasional harassment from security officials.32
Lebanese users have access to a wide variety of local and international information sources.
Reflecting Lebanons pluralistic society, Lebanese media is highly partisan and controlled by the
28
SocietyFoundation.http://www.soros.org/initiatives/media.pp.2122.
29
AlJazeeraBlogs.(Sept25,2012).LebanesecourtdecidestoblockinternetaccesstoantiIslamvideo.
http://blogs.aljazeera.com/topic/antiislamvideoprotests/lebanesecourtdecidesblockinternetaccessantiislamvideo.
30
LegalAgenda(AlMufakiraAlKanouniya).(2012,October1).ALebanesejudgeinterferestostopthepublicationofthefilm
InnocentProphet.http://www.legalagenda.com/newsarticle.php?id=167&folder=legalnews&lang=ar,andAgenceFrance
Presse,LebanesecourtdecidestoblockinternetaccesstoantiIslamvideo,AlJazeeraEnglish,(25September2012),
http://blogs.aljazeera.com/topic/antiislamvideoprotests/lebanesecourtdecidesblockinternetaccessantiislamvideo.
31
HumanRightsWatch.(2005).FalseFreedom:OnlinecensorshipintheMiddleEastandNorthAfrica.
http://www.hrw.org/en/reports/2005/11/14/falsefreedom0.
32
Seewww.helem.net.
LEBANON

dominant political-sectarian actors, mainly through direct ownership of prominent media outlets.33
For example, former Prime Minister Saad Hariri owns Future TV, al-Mustaqbal, the Daily Star,
and a host of other online and offline media outlets. Similarly, Speaker of Parliament Nabih Berri
owns National Broadcasting Network and its affiliates, while Hezbollah controls a vast network of
media outlets, including al-Manar TV and al-Nour radio. The heads of these media outlets are
chosen by these dominant political figures and their news content clearly advances a particular
partisan message. While ensuring plurality, this also creates a climate in which the public sphere is
dominated by the agendas of the powerful political-sectarian leaders and their allies, suffocating the
voices of those who fall outside the main groups.34 At the same time, politicians are known to bribe
the few independent news outlets and journalists that do exist, particularly during election periods.
Online advertising in Lebanon is growing but remains weak, partly due to the slowness and
unreliability of the internet. In addition, advertising agencies have yet to grasp the internet as an
advertising platform and local websites remain ill-equipped to handle sophisticated online ads.35
Whereas affluent politicians are known to purchase bulk subscriptions to newspapers and magazines
in order to influence coverage, online advertising remains too small of a factor to be targeted by
political groups and businesses. In fact, the majority of advertising revenue continues to go to
television and other traditional media, while online sources make up two percent of the total
advertising market.36 Importantly, there is no evidence of violations of net neutrality or of political
manipulation in distributing ISP licenses. Similarly, there are no restrictions on who can acquire
local or international domains and server space.
Civil society groups have used mobile and social media widely and effectively to mobilize support
for their causes. Womens right groups, such as Nasawiya, have been successful in attracting media
attention, mobilizing grassroots support, and achieving changes in discriminatory laws and
regulations.37 Their online efforts, combined with strategic litigation and advocacy, led to the
implementation of tougher sentences for honor crimes in 2011.38 In 2012, the group also
advanced public debate on domestic violence, leading to the proposal of a law currently being
discussed in parliament.39
In addition, civil society organizations have been successful in halting the passage of two
problematic online media laws through online campaigning. Activists and businesses delayed and
eventually canceled a parliamentary vote on the highly-restrictive e-transaction law in June
33
JadMelki,YasmineDabbous,KhaledNasser,andSarahMallat.(2012).MappingDigitalMedia:Lebanon,NewYork,NY:Open
SocietyFoundation.http://www.soros.org/initiatives/media.pp.2122.
34
MappingDigitalMedia:Lebanon,pp.5658.
35
EliasSakr.(2012,April20).OnlineAdvertisinguntappedinLebanon,TheDailyStar,
http://www.dailystar.com.lb/Business/Lebanon/2012/Apr20/170785onlineadvertisinguntappedinlebanon.ashx
36
Sakr,OnlineAdvertisingUntappedinLebanon.
37
JadMelkiandSaraMallat.(2013).DigitalActivism:EfficaciesandBurdensofSocialMediaforCivicActivisminLebanon.
Unpublishedmanuscript.
38
HumanRightsWatch.(2011).Lebanon:Lawreformtargetshonorcrimes.http://www.hrw.org/news/2011/08/11/lebanon
lawreformtargetshonorcrimes.
39
B.Anderson(2012,February20).Lebanesedemonstrateforlegalprotectionagainstdomesticviolence.TheDailyStar.
http://www.dailystar.com.lb/News/LocalNews/2012/Feb20/163903lebanesedemonstrateforlegalprotectionagainst
domesticviolence.ashx.
LEBANON

2010.40 In March 2012, a similar campaign to Stop LIRA, the Lebanese Internet Regulation Act
proposed by the Ministry of Information, led to a halt in deliberations on the law (for more on the
e-transactions law and LIRA, please see Violations of User Rights below).
Online mobilization also led to the closing down of a circus that was abusing animals in 2010, as
well as the advancement of animal rights legislation in 2011.41 However, not all digital activists
have been successful. One of the most publicized failures pertains to the ongoing anti-sectarianism
campaign, which took off in 2011 and so far has not achieved any of its goals and has failed to
mobilize a critical mass of supporters in the country.42 Failures in this domain, however, were not
related to censorship, but rather to organizational challenges.

The Lebanese constitution guarantees freedom of expression as well as freedom of the press,
although those rights have not always been respected in practice. Violations of press freedom
typically receive an immediate and passionate reaction from the public, serving as a powerful check
against the governments actions in this domain. However, no specific provisions in these preinternet era laws relate to online speech, and many have been anticipating a new law for over a
decade. Meanwhile, courts apply these and other traditional media laws to the online sphere in an
inconsistent and often contradictory fashion.43 This has produced a confusing legal environment
with overlapping jurisdictions and contradictory laws governing online content, including the civil
laws, the penal code, the Publications Law, the Audiovisual Law, the elections law, and the military
code of justice.44 Three serious attempts to develop new media laws have generated heated national
debates in the past three years, although so far, none have generated any concrete results.45
Firstly, the e-transactions law, proposed in 2010, required anyone providing online services to
apply for a license, allowed for warrantless search and seizure of information and equipment, and
proposed a licensing and regulatory body with broad unchecked powers over e-commerce
companies.46 In early 2012, the Ministry of Interior proposed the Lebanese Internet Regulation Act
(LIRA), which applied the archaic 1962 Press and Publications Law to websites and their
employees.47 Although LIRA was seen as less problematic than the e-transactions law, it included
40
S.Malo.(2010,August23).Whereonlineactivismmeetsofflineaction.TheDailyStar.
http://www.dailystar.com.lb/Spotlight/Aug/23/Whereonlineactivismmeetsofflineaction.ashx.
41
B.AlQuntar.(2011,November25).AnimalrightslawheadstoParliament.AlAkhbar.
42
SimonaSikimic.(2011,May16).Laiquedemonstratorscallforsecularstate.TheDailyStar.
http://www.dailystar.com.lb/News/LocalNews/2011/May16/Laiquedemonstratorscallforsecularstate.ashx.
43
44
MappingDigitalMedia:Lebanon,p.86.
45
MediaSustainabilityIndex.(2010/2011).ThedevelopmentofsustainableindependentmediainLebanon.
http://www.irex.org/project/mediasustainabilityindexmsimiddleeastnorthafrica.
46
SocialMediaExchange.(2010,June14).Tagearchives:Etransactionslaw.http://www.smex.org/tag/etransactionslaw.
47
OnterNetBlog.(2012,March19).L.I.R.A:Ministersv/sLegalPointofView.
http://blog.ontornet.org/?p=335.
LEBANON

enough vague language and restrictions to evoke fears of broad censorship.48 For example, LIRA
prohibited the publishing of immoral content, including matters related to gambling, and did not
define which websites were defined as information websites and thus were required to register.49
LIRA also prohibited users from managing more than one website at a time and banned anyone
convicted of a heinous misdemeanor or felony from owning one altogether. As mentioned, both
the e-transactions law and LIRA were halted under public pressure. 50
In contrast, the law recently proposed by Maharat Foundation was drafted through engagement
with various ICT stakeholders and attempts to uphold democratic rights.51 Nevertheless, the
Maharat proposal has garnered some resistance, mainly from the Lebanese Press Federation, which
sees it as a threat to its authority.52 In contrast to the two previously mentioned bills, the Maharat
law attempts to regulate print, broadcast, internet, and mobile media, thereby unifying the two
main laws that currently regulate the media industry: the 1962 press and publications laws and the
1994 audiovisual law. The Maharat law also abolishes provisions that currently allow for the
precautionary detention of journalists convicted for libelous violations, and removes the
distinction between political and non-political media, and no longer requires newspapers to obtain
a license.53 As of mid-2013, the law was under discussion in the Lebanese parliaments
telecommunications committee.
From a legal perspective, the most serious threat to internet users and online journalists remains
the countrys slander and libel laws. Under Article 588 of the Lebanese penal code, defaming the
president carries a sentence of 3 to 12 months, while defaming the army or other public figures
carries a sentence of up to 6 months.54 The appeals process is often drawn out and highly
politicized. In practice, however, most online users targeted with such accusations are quickly
released and the cases are usually forgotten or dropped under public or political pressure.
However, even if the cases tend to wither away with little or no legal action, they almost always
generate heated public debates and protests. In the recent past, a handful of cases caught the
attention of the media and wider public.
On February 5, 2013, local blogger Abir Ghattas was summoned to an International Security
Forces (ISF) police station and interrogated for an hour about a blog entry she posted four weeks
prior.55 She had been sued by the former CEO of Spinneys, a local supermarket chain, for
defamation after she criticized his handling of the attempted unionization of his companys workers.
48
JillianYork.(2012,April2).ProposedLawsinLebanonandIraqThreatenOnlineSpeech.ElectronicFrontierFoundation.
https://www.eff.org/deeplinks/2012/03/proposedlawslebanoniraqthreatenonlinespeech.
49
OnterNetBlog.(2012,March19).L.I.R.A:Ministersv/sLegalPointofView.
http://blog.ontornet.org/?p=335.
50
SamirKassireyes.(2012,April11).Activists,BloggersStopLebaneseInternetRegulationAct,forNow.
http://www.skeyesmedia.org/en/a/Articles/ActivistsBloggersStopLebaneseInternetRegulationActforNow.
51
Article19.(2009).DraftLawAmendingthePressLawofLebanon.http://www.article19.org/pdfs/analysis/lebanon
amendingthepresslawoflebanon.pdf.
52
TheDailyStar.(2013,April24).MaharatlashesbackatPressFederationoverdraftlaw.
http://www.dailystar.com.lb/News/LocalNews/2013/Apr24/214825maharatlashesbackatpressfederationoverdraft
law.ashx.
53
TheDailyStar,MaharatlashesbackatPressFederationoverdraftlaw
54
See:http://www.lebarmy.gov.lb/article.asp?ln=ar&id=25540.
55
MaharatFoundation.(n.d.).BloggerAbirGhattasforcedtodeleteapostonherblog.http://maharatfoundation.org/?p=1328.
LEBANON

Abir stated she was ordered to sign a pledge that she would not harass Spinneys in the future.56 She
also received a phone call several hours later from the stations commander requesting that she
remove the post or else she will be summoned again.57 Frustrated with the idea of returning to
the police station for a fourth time in only a few months, eventually she removed the title and body
of her blog entry and replaced them with the message: Due to censorship and limitation of
freedom of speech, the content of the blog post written on Jan 10, 2013 titled: Michael Wright,
Spinneys CEO No More, was forcibly removed.58 Several Lebanese bloggers took a snapshot of
Ghattas original text before she removed it and posted the article on their blogs.59 Thus far, she has
not been called back to court and the case will mostly likely fade away with no clear court decision,
like other similar cases. In an interview, Ghattas noted that her experience was an unusual
occurrence in Lebanon.60
A similar case pertains to the arrest and beating of Pierre Hashash on November 21, 2012, due to
comments he made on Facebook in which he complained about the heavy amount of traffic in a
roundabout holding the name of an army commander. The beating of Hashash, a rap artist and
former independent candidate for parliament, caught wide media attention, and he was released
one week later with no charges filed.61
On June 29, 2010, three Lebanese citizens, Naim Hanna, Antoine Ramya, and Chibl Kasab, were
accused of defaming the president after they criticized him on a pro-president Facebook group.62
Their comments were quickly removed from the Facebook group, which was also closed
assumingly by the group manager. Their arrests triggered a storm of tweets, blogs, and online
petitions. While they were released on bail for a fee of $66 each, their cases remain pending and
the charges will most likely be forgotten.63 While other cases may exist, they are seldom reported
or are difficult to verify. For example, the popular Lebanese blogger Imad Bazzi stated that he and
six other bloggers were arrested, interrogated, and intimidated several times between 2005 and
2010, although evidence is not clear.64
Stories of extralegal methods used to identify anonymous online users also abound. These cases
tend to be low profile and are often underreported out of fears of public embarrassment or due to
government intimidation. One well-publicized case from 2000 pertains to gaylebanon.com, a proLGBTIQ rights website. Lebanese vice police tried to force Ziad Mughraby, the owner of the local
ISP Destination and son of a human rights lawyer, to reveal the names of the websites owners.
56
Ibid.
Ibid.
58
AbirGhattas.(2013,January10).**Titleremoved**.http://abirghattas.com/michaelwrightspinneysceonomore2/.
59
Ritakml.info.(2013,February6).http://ritakml.info/2013/02/06/abirghattashastherighttodisagreewithapersons
actions.
60
InterviewwithAbirGhattas,Beirut,11March2013.
61
Annahar.(2012,December).Report:MilitaryCourtReleasesPierreHashashWithoutAnyCharges.
http://www.naharnet.com/stories/en/62317reportmilitarycourtreleasespierrehashashwithoutanycharges.
62
63
YaLibnan.(2010,July2).3menarrestedforslanderingSuleimanfreedonBail.http://www.yalibnan.com/2010/07/02/3
menarrestedforslanderingsuleimanfreedonbail.
64
57
LEBANON

Kamal Batal, director of the human rights organization MIRSAD, subsequently e-mailed a letter
of protest to raise awareness about the issue. Under a military tribunal, both he and Mughraby were
convicted of defaming the army and forced to pay a fine of $219 each.65
Currently, Lebanese law does not place restrictions on online anonymity or encryption software.
However, there have been reports that the draft media laws currently being debated behind closed
doors in parliament do require some form of registration for news websites, similar to the LIRA
proposal. Prepaid mobile phones can be easily purchased around the country without any ID
requirements. However, users must submit their identity card when purchasing a mobile phone
contract where payment is deferred.
The issue of surveillance has garnered much public debate and controversy in the past eight years,
which witnessed devastating violence and major political shifts, including a chain of political
assassinations (mainly 2005-2008), a 30-day war with Israel (2006), a small-scale civil war (2008),
and a political climate that continues to divide the country into two large blocks: the March 14
Alliance and the March 8 Alliance.66 At issue was the widespread and aggressive surveillance and
private data acquisition by the Information Branch of the ISF, the United Nations International
Independent Investigation Commission (UNIIIC), and the Special Tribunal for Lebanon (STL),
which were responsible for investigating the assassinations, particularly that of the late prime
minister Rafik Hariri in 2005.67 The three organizations enjoyed almost free access to private data
between 2005 and 2008, collecting sources as diverse as university transcripts, medical history, and
mobile phone records in the name of national security. Their work was largely facilitated by
Marwan Hmadeh, the ranking March 14 member and telecommunications minister from 2005 to
2008, himself a survivor of a 2004 assassination attempt.
In general, the laws regulating legal surveillance and the acquisition of communications data are
vague and widely disputed. Attempts to develop clear privacy laws and regulations have failed,
mainly because of their highly politicized nature. Currently, the typical process for acquiring user
data involves a request from the ISF to the Ministry of Interior (or from the army to the Ministry of
Defense), which is then sent to the prime minister for approval. The order is then sent to the
telecommunications minister for executionalthough in some instances the latter has refused to
hand over the data to the ISF. This process was approved by the cabinet of ministries in 2009 as part
of an agreement to share communication data with security and military officials. However, those
who dispute this process, particularly the last three telecommunications ministers, cite the need to
obey privacy laws and insist that the governments 2009 decision is limited to metadata and does
65
66
ThepasteightyearshavewitnessedmajorshiftsinLebanesepolitics,whichweretriggeredbythehighprofileassassination
ofPrimeMinisterRaficHaririin2005thatpromptedmassiveprotestsandforcedSyriantroopsoutofLebanon,thereby
changingthebalanceofpower.Theseeventscreatedtwomajorpoliticalcamps:theMarch8AlliancethatincludedHezbollah
andtheFreePatrioticMovement,andwasviewedassupportiveofSyriaandIran,andtheMarch14Alliancethatincludedthe
FutureMovement,theProgressiveSocialistPartyandtheLebaneseForces,andwasseenasopposedtoSyriaandalliedwith
theUSA.
67
TheUNIICandlatertheSTL,whichwereestablishedtoinvestigatetheassassinationofLebanesePrimeMinisterRafikHariri
in2005,werelateraccusedofcollectingprivatedatanotrelevanttotheinvestigation,includingmedicalrecordsfromalocal
gynecologicalclinicthatisfrequentedbythewivesofmanyHezbollahmembers.
LEBANON

not cover requests for the content of communications transactions and other specific data. During
their respective periods in office, the ministers argued that large-scale, broad requests from the ISF
should be accompanied by a court order. As a result, the three ministers have had conflicts with the
ISF and Prime Minister Najib Mikati,68 who had struggled to appease both sides and present himself
as an independent leader.69 The politicization of these issues and the failure of any attempts to
institute clear regulations remain the most serious problems when it comes to online privacy
protection.
The conflict reached its peak in December 2012 when Sehnaoui, the current telecommunications
minister, stated through his Facebook page that he had rejected an ISF request dating from October
17, 2012.70 Writing on his Facebook page in December, current telecommunications minister
Nicolas Sehnaoui revealed that the ISF had requested an expansive amount of information on
Lebanese citizens for a two-month period of time. The request, based on an investigation into the
assassination of a former intelligence chief, included the following information: users real names,
phone numbers, addresses, usernames, passwords, IP addresses, and browsing history, as well as
logs for e-mails, chatting services, discussion forums, VoIP applications, and social media.71 In his
Facebook post, the minister called upon all bloggers, e-journalists, Tweeters and Facebook users
and all members of our social media community to pressure the council of ministers to reject the
ISF request.72 The minister had previously rejected similar requests and even sent a delegation of
legal experts to France to discuss the legality of such requests.73 The debate has addressed the
legality of the ISFs right to access the content of text messages, rather than only call records and
location data.74 However, some have doubted the validity of the ministers claims and interpreted it
as part of the broader dispute between the ISF, the ministry, and their respective political factions,
which have occurred several times over the past years.75
In addition, reports of Israeli attempts to infiltrate Lebanons telecommunications system abound.
Over the past four years, several employees working for mobile and fixed phone operators were
arrested for allegedly carrying out clandestine intelligence activities for Israel.76 There were also
numerous reports about spying devices discovered on the network.77 Moreover, attempts by the
68
69
(Acting)PrimeMinisterNajibMikatiresignedMarch2013,partlyduetoacontroversyoverthetermextensionfortheISF
chief,whichMikatisupportedandtheMarch8allianceopposed.
70
See:http://www.facebook.com/Nicolas.Sehnaoui/posts/10152314217230285.
71
SeeHassanChakrani.(2012,December4).LebanonSecurityForces:GiveUsYourFacebookPassword.AlAkhbarEnglish.
http://english.alakhbar.com/print/14241,andElNashra.(2012,December4).AlNashraunveilsthedocumentsfromthe
informationbranch(ISF)requestinglogfilesforwebsites.http://www.elnashra.com/news/show/554968.
72
See:http://www.facebook.com/Nicolas.Sehnaoui/posts/10152314217230285.
73
LebaneselawispartlyrootedinFrenchlaw.
74
HassanChakrani.(2012,December4).LebanonSecurityForces:GiveUsYourFacebookPassword.AlAkhbarEnglish.
http://english.alakhbar.com/print/14241.
75
See:http://www.dailystar.com.lb/News/LocalNews/2013/Feb21/207288telecomsdatarequestsviolate
constitution.ashx#axzz2RqKY4Jq6.
76
77
SamiHalabi.(2011,Jan3).Broadbandsroadblock.ExecutiveMagazine.http://www.executivemagazine.com/special
report/Broadbandsroadblock/680.
LEBANON

ISF to install and operate surveillance technologies have been apparently halted recently.78 In fact, a
public debate about illegal phone lines, surveillance, and privacy ensued after the May 2011
confrontation between former minister of telecommunications Charbel Nahas and the ISF. The
controversy was triggered after members of the ISF blocked the minister and his team from
entering a ministry building to dismantle a non-commercial mobile network which was allegedly
used by the ISF for intelligence purposes, without government sanctioning or TRA supervision.79
When it comes to cybercafes, operators have only a few requirements by which they must abide,
pertaining to registering their business with the ministry of finance for tax purposes and ensuring
that all software used in their machines is legal and licensed. Interviewed operators of cybercafes
said other matters are left to their own discretion and no special requirements to aid the
government exist. Customers are not obliged to identify or register and no monitoring software is
installed on machines. They do, however, use firewalls and filters to block pornographic websites,
particularly to protect childrena matter that caught media attention in April 2006 and led to the
addition of such provisions to the proposed e-transactions law.
Cyberattacks are on the rise in Lebanon, especially those emanating from outside of the country.
Over the past year, several government and news websites were attacked multiple times. For
example, on April 17, 2012, a group named Raise Your Voice (RYV) simultaneously hacked 15
government websites, including the state-owned National News Agency and a handful of ministerial
websites.80 The same group struck again nine days later, enabling Facebook users to post comments
on ten government web sites.81 On June 16, 2012, RYV again hacked two government websites.
This latter wave of attacksseemingly initiated by a local Lebanese groupposted comments
criticizing the government for their economic and developmental policies, especially in relation to
the electricity shortage and the increasing poverty.82
More recently, on February 23, 2013, the group Team Kuwaiti Hackers attacked the Lebanese
Parliaments website.83 The hackers posted sectarian comments that criticized specific political
groups, namely Hezbollah and the Syrian regime. Moreover, throughout 2012 and early 2013,
several news reports surfaced regarding multiple sophisticated viruses that targeted Lebanese
computers to infiltrate banks, the financial system, and private financial data.84 Some experts noted
78
Ibid.
Ibid.
80
Naharnet.(2012,April17).RaiseYourVoiceHacks15LebaneseGovernmentSites.
http://www.naharnet.com/stories/en/37035.
81
Naharnet.(2012,April26).RYVHacksLebaneseGovt.SitesAgain,EnablesFacebookUserstoPostMessages.
http://www.naharnet.com/stories/en/38244.
82
JustinSalhani.(2012,June6).TwoLebanesegovernmentwebsiteshacked.TheDailyStar.
http://www.dailystar.com.lb/News/LocalNews/2012/Jun16/177091twolebanesegovernmentwebsiteshacked.ashx.
83
TheDailyStar.(2013,February23).LebaneseParliamentwebsitehacked.http://www.dailystar.com.lb/News/Local
News/2013/Feb23/207634lebaneseparliamentwebsitehacked.ashx.
84
StephenDockery.(2012,August11).VirusplungesLebanonintocyberwar.TheDailyStar.
http://www.dailystar.com.lb/News/LocalNews/2012/Aug11/184234virusplungeslebanonintocyberwar.ashx,and
SecureList.(2012,August10).Gauss:AbnormalDistribution.
http://www.securelist.com/en/analysis/204792238/Gauss_Abnormal_Distribution.
79
LEBANON

that the attacks may have been state-sponsored and aimed at disrupting Syrian and Iranian
finances.85
The news industry has also been a popular target of such attacks. The most significant has been the
hijacking of al-Mustaqbal newspapers home page on April 10, 2013. In a politically motivated
attempt to discredit the Special Tribunal for Lebanon (STL), hackers posted the names of alleged
witnesses in the Rafik Hariri assassination trial.86 Other attacks have mainly attempted to overload
news websites, such as those against the websites of Now Lebanon (January 19, 2012), NBN TV
(February 4, 2012), al-Kifah al-Arabi (March 19, 2012), Murr TV (January 2013 and April 16,
2013), OTV (July 28, 2012), al-Mayadeen TV (August 23, 2012), Annahar newspaper (October
15, 2012), 87 and Arrouwad newspaper (April 2013).88 Some journalists personal web sites and
social media pages have also suffered from such attacks, such as Mona Abou Hamzehs Facebook
page (May 15, 2012), Rouaida Mrouehs website (March 24, 2012), and Paula Yacoubians
Facebook page (January 18, 2013).89
Many of these cyberattacks are dealt with promptly, though the perpetrators are seldom identified
and detained. In one reported incident, the Lebanese Cyber Crime and Intellectual Property Rights
Bureau Unit, which belongs to the ISF, apprehended two Lebanese hackers accused of breaking into
e-mails and Facebook accounts, stealing their owners identities, and blackmailing them for
ransom.90 The increase in similar hacking attacks and blackmail attempts has alarmed Lebanese
security officials, who remain poorly equipped to deal with them.91
There have been relatively fewer attacks on the websites of political parties, civil society groups,
and activists in Lebanon, despite their large numbers and the controversial issues they champion.
Such incidents include the attacks on the websites of Lebanese Press Photographers (April 14,
2012), the Mohammad Hussein Fadlallah Foundation (April 16, 2012), the Palestinian Human
Rights Foundation (June 15, 2012), and the Lebanese Parliamentary Monitor (November 26,
2012).92 Most recently, the Lebanese Dental Associations website was hacked and the attackers
posted the Israeli flag on the homepage.93 Such cyberattacks are likely to increase in the near future
and take on a more significant political role, especially if the situation in Syria continues to
deteriorate or in the case of military conflict with Israel.
85
AlMonitor.(n.d.).CyberattackonLebanesebanks:AreIran,Syriafinancestarget?http://www.al
monitor.com/pulse/iw/contents/articles/opinion/2012/almonitor/acyberattackagainstlebanese.html.
86
TheDailyStart.(2013,April12).AlMustaqbal,STLtakeactionoverhackingincident.http://bit.ly/1bNHYJa.
87
See:http://blogbaladi.com/annaharreleasesmobileappandgetshacked.
88
SamirKassireyes.(2013,April15).ArrouwadsWebsiteHackedtwiceintwodays.
http://www.skeyesmedia.org/ar/News/Lebanon/3073.
89
Foramoreexhaustivelist,pleasesee:http://www.skeyesmedia.org.
90
LBCInternational.(2012,January9).FacebookandemailhackersarrestedinLebanon.
http://www.lbcgroup.tv/news/16230/facebookandemailhackersarrestedinlebanon.
91
LayalKiwan.(2013,April9). .LebanonLiveNews.
http://www.lebanonlivenews.com/idetails.php?id=12725.
92
Foramoreexhaustivelist,pleasesee:http://www.skeyesmedia.org.
93
SamirKassirEyes.(2013,April12).PressandCulturalFreedomViolationsJanuaryFebruaryMarch2013LEBANON,SYRIA,
JORDAN,PALESTINEhttp://bit.ly/12QffiY.
LEBANON
LIBYA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
18
9
16
43
17
9
19
45


A Libyan court ordered Russia Today to remove libelous content from its website and
temporarily blocked the news site until it cooperated (see LIMITS ON CONTENT).
Media reports indicate that Qadhafis extensive surveillance apparatus remains online
and operates with little judicial oversight. State control over internet and mobile phone
providers is indicative of the lack of checks and balances in the countrys governance
Militia groups temporarily abducted a social media activist and threatened a British
journalist into leaving the country, a sign that nonstate actors are continuing to add to
the overall sense of instability and insecurity in the online media environment (see
LIBYA

INTRODUCTION
It has now been two years since the 2011 Libyan revolution, when a popular uprising and ensuing
civil war deposed the countrys long-time leader, Muammar Qadhafi, and placed the country on a
shaky path to democracy. Elections for the General National Council (GNC), Libyas 200-member
legislative body, were held in July 2012 amidst praise from international observers.1 The GNC
elected Prime Minister Ali Zeidan, a former human rights lawyer, and confirmed his choices for
cabinet in November 2012. While the composition of Libyas first democratically-elected
government in 60 years is a great step forward, there are several legal and institutional challenges
that require immediate attention. The actions of militias, including armed Islamist groups, offset
many of the gains the government has made in removing many obstacles to internet access and
limits on online content.
The internet became publicly available in Libya in 1998, though prices were excessively high and
access was limited to the elite. Thousands of cybercafes sprang up after 2000, eventually offering
cheap internet to both urban and rural users.2 Furthermore, over the following decade, the state
telecom operator reduced prices, invested in a fiber-optic network backbone, and expanded ADSL,
WiMAX, and other wireless technologies throughout the country.3 In its initial stages, there were
few instances of online censorship in Libya.4 However, it was not long until the Qadhafi regime
began to target opposition news websites, particularly after the lifting of United Nations sanctions
in 2003 led to increased access to surveillance and filtering equipment.5 Overall, the highly
repressive online environment, which included harsh punishments for any criticism of the ruling
system, contributed to an extreme degree of self-censorship by internet users.6
Since the victory of the Libyan rebels in 2011, the online information landscape has been relatively
open. The country has witnessed a flurry of self-expression as Libyans seek to make up for lost time
under the Qadhafi era, resulting in an increase in news sites, the development of a market for
online advertising, and massive growth in Facebook use. However, the civil war also impacted
investment in the countrys information and communications technology (ICT) sector, namely by
inflicting damages to the infrastructure and sidelining an earlier $10 billion development plan for
SeeCarterCenterCongratulationsLibyansforHoldingHistoricElections,TheCarterCenter,July9,2012,
http://www.cartercenter.org/news/pr/libya070912.htmlandLibya:FinalReport,GeneralNationalCongressElection,
EuropeanUnionElectionAssessmentTeam,July7,2012,http://eeas.europa.eu/eueom/missions/2012/libya/pdf/eueatlibya
2012finalreport_en.pdf.
2
GamalEid,Libya:TheInternetinaconflictzone,TheArabicNetworkforHumanRightsInformation,2004,
http://www.anhri.net/en/reports/net2004/libya.shtml.
3
LibyaTelecoms,MobileandBroadband,Budde.com,accessedAugust21,2013,
http://www.budde.com.au/Research/LibyaTelecomsMobileandBroadband.html.
4
DougSaunders,Arabsocialcapitalisthereitsyoungandconnected,TheGlobeandMail,March5,2011,
http://www.theglobeandmail.com/news/world/dougsaunders/arabsocialcapitalisthereitsyoungand
connected/article1930770/.
5
Libya,OpenNetInitiative,August6,2009,http://opennet.net/research/profiles/libya.
6
IsmaelDbarra,InternetinLibya:Everyoneisrebellingagainstcontinuedblockingandcensorship,Elaph(Arabic),March5,
2009,www.elaph.com/Web/politics/2009/3/415948.htm.
LIBYA

2020.7 Additionally, residual self-censorship, weak legal protections, and uncertainties about the
continued existence of the Qadhafi-era surveillance apparatus pose ongoing challenges to internet
freedom in the country.
OBSTACLES TO ACCESS
Internet penetration has traditionally been very low in Libya. While the percentage of the
population with access to the internet has quadrupled from 2007 to 2012, the latest estimates still
put this amount at only 19.9 percent.8 Of these users, an estimated 80 percent use the wireless
WiMAX service, 17 percent connect using traditional fixed-lines, and 3 percent employ a fiberoptic connection.9 The number of fixed-broadband subscriptions is relatively low, at just over 1
subscription per every 100 inhabitants in 2012.10 However, due to the difficulties in obtaining a
standard internet subscription, it should be noted that many Libyans use unregistered or illegal
satellite technology to access the internet.
Compared to the relatively low internet penetration rate, mobile phone use is ubiquitous. There
are an estimated 9.59 million subscriptions in Libya, representing a penetration rate of 148.2
percent.11 Prices have dropped systematically since the introduction of a second mobile provider in
2003, resulting in greater affordability. By 2013, the price of a prepaid SIM card from the main
provider, Libyana, was LYD 5 ($4). Smartphones and 3G connectivity have been available since
2006, though the prohibitive cost of more upscale models impedes their wider dissemination.12
Similarly, the cost of a home internet connection remains beyond the reach of a large proportion of
Libyans, particularly those living outside major urban areas. As of early 2013, a dial-up internet
subscription cost LYD 10 per month ($8), an ADSL subscription was LYD 20 ($16) for a 7 GB data
plan, and WiMAX was LYD 40 ($31) for a 10 GB data plan, after initial connection fees. By
comparison, gross national income per capita was only $1,078 per month, pushed up by relatively
high salaries in oil and gas firms.13 The LTT announced a plan to decrease the prices of leased lines
up to 45 percent starting from August 2012 to coincide with the month of Ramadan.14 The LTT
also decreased initial WiMAX account connection fees for individual users from LYD 160 ($124) to
7
8
PercentageofindividualsusingtheInternet,InternationalTelecommunicationsUnion,2012,accessedAugust19,2013,
9
TomWestcott,ImprovingLibyasInternetAccess,BusinessEye,February2013,pp.18,availableat
http://www.libyaherald.com/businesseyeissue1february20132/.
10
Fixed(wired)broadbandsubscriptions,InternationalTelecommunicationsUnion,2012,accessedAugust19,2013,
11
MobilecellularsubscriptionsInternationalTelecommunicationsUnion,2011.Availableathttp://www.itu.int/en/ITU
12
LibyanaIntroduces3GServicesforFirstTimeinLibya,TheTripoliPost,September26,2006,
http://www.tripolipost.com/articledetail.asp?c=2&i=311.
13
LibyaWorldDevelopmentIndicatorsTheWorldBank,accessedAugust21,2013,
http://data.worldbank.org/country/libya#cp_wdi.
14
Discountsupto45%intheserviceofcustomfonts,[inArabic]LibyaTelecom&Technology,
http://www.ltt.ly/news/d.php?i=206,accessedJuly23,2013.
LIBYA

LYD 120 ($93) and from LYD 260 ($202) to LYD 220 ($171) for households.15 As of the first
quarter of 2013, a dial-up internet subscription cost LYD 10 per month ($7), an ADSL subscription
was LYD 20 ($15) for 20GB, and WiMAX was LYD 30 ($23) for 15GB. WiMAX modems remain
in short supply since February 2012, resulting in high prices for second-hand devices sold on the
site Open Souk, Libyas online marketplace.16
Many foreign and Libyan organizations and individuals in need of a reliable and legal internet
service contract have been driven towards two-way satellite internet technology. As two-way
technology has become more popular, connection fees and equipment costs have been lowered.
Prices are now at LYD 800 ($622) for the hardware and a monthly subscription costs LYD 255
($198) for a fast connection and 30 GB bundle, depending on the number of users.17
The Libyan civil war heavily disrupted the countrys telecommunications sector, with the damage
estimated at over $1 billion.18 Upgrades have been projected in an effort to respond to demands for
increased capacity, such as the laying of the European Indian Gateway and Silphium submarine
cables,19 the construction of additional WiMAX towers,20 the creation of Wi-Fi hotspots, the
installation of a long distance fiber-optic cable within the country,21 and the development of next
generation broadband.22 The adult literacy rate is 89 percent and a wide range of websites and
computer software is available in Arabic.23 However, limited computer literacy, particularly among
women, has been an obstacle to universal access.
Since there have been little improvements to ICT equipment since the Qadhafi era, internet speeds
remain extremely slow at an average speed of less than 256Kbps, prompting frustrated Libyans to
create the Facebook page titled, I hate Libyan Telecom and Technology, which has reached over
19,000 followers.24 IT experts familiar with the issue have cited poor infrastructure, a lack of
quality of service, technology constraints and continued lack of regulations. Furthermore,
broadband is not widely available, bandwidth limitations exist for fixed-line connections, wireless
users face slower speeds due to heavy congestion during peak hours, and there is a general lack of
resources and personnel to perform maintenance and repairs.25
15
Now,LibyaMaxservicefromLibyaTelecomandTechnologyworth120dinarsforpersonalratherthan160,[inArabic]
LibyaTelecom&Technology,http://www.ltt.ly/news/d.php?i=188,accessedJuly23,2013.
16
Seehttp://ly.opensooq.com/orhttps://www.facebook.com/OpenSooq.Libyaitevenhasamobileappnow.
17
Seehttp://www.giga.ly/orhttps://www.facebook.com/Giga.ltd
18
19
TheActivationofTheNewUpgradedSubmarineCableSystembetweenLibyaandItaly,TheTripoliPost,December25,
2011,http://www.tripolipost.com/articledetail.asp?c=11&i=7562.
20
ZTEsuggestLibyawillboastnationwideWiMAXnetworkbyAug13,TeleGeography,January24,2013,
http://www.telegeography.com/products/commsupdate/articles/2013/01/24/ztesuggestslibyawillboastnationwidewimax
networkbyaug13/.
21
ItalianCompanytoInstallFiberOpticNetwork,LibyaBusinessNews,September29,2012,http://bit.ly/RbnhMm.
22
TomWestcott,ImprovingLibyasInternetAccess,BusinessEye,February2013,pp.18,availableat
http://www.libyaherald.com/businesseyeissue1february20132/.
23
Literacyrate,adulttotal(%ofpeopleages15andabove),TheWorldBank,accessedAugust21,2013,
http://data.worldbank.org/indicator/SE.ADT.LITR.ZS/countries.
24
Seehttps://www.facebook.com/ihateltt
25
InterviewwithexLibyanaITengineeronMarch2013.
LIBYA

Qadhafis forces strategically limited access to the internet and mobile phones during the civil war,
with general access restored in August 2011.26 Since the end of the conflict, there have been no
government-imposed restrictions on connectivity, but problems remain due to damaged
infrastructure. Since May 2012 there have been several disruptions to service, such notably a 26hour cut in the entire Eastern region in June 201227 and cuts in areas of Tripoli during in July
2012.28 Rolling blackouts continued over the past year, particularly due to an overload in electricity
demand during summer and winter months, when air conditioning or heating is used. These
blackouts are due, in part, to damage to the electricity grid that occurred as a result of the civil
war, estimated at $1 billion.29
The state-run Libyan Post Telecommunications and Information Technology Company (LIPTC),
formerly the General Post and Telecommunications Company (GPTC), is the main
telecommunications operator and is fully owned by the government. In 1999, the GPTC awarded
the first internet service provider (ISP) license to Libya Telecom and Technology (LTT), a
subsidiary of the state-owned firm. At least seven other companiesincluding Modern World
Communication, Alfalak, and Bait Shamshave also been licensed to provide internet services,
though LTT retains sole control over Libyas international gateway to the internet.30 The LIPTC
owns two mobile phone providers, Almadar and Libyana, while a third provider, Libya Phone, is
owned by the LIPTCs subsidiary, LTT.
Since the revolution, most people access the internet from their homes and workplaces
(particularly those working for foreign organizations or companies), followed by mobile phones,
and hotel lobbies. The cybercafe industry, quasi-decimated in many parts of Libya during the
conflict, is starting to return to profitable business through catering mainly to foreign workers and
Voice over Internet Protocol (VoIP) calls.
The post-conflict regulatory environment remains very unclear. The newly elected government has
a Ministry of Communication, but it has expressed no clear vision for the future. During the
Qadhafi era, decisions on licensing were made by the government-controlled GPTC. There was
talk in 2006 surrounding the creation of a new regulator, the General Telecom Authority (GTA),
though after the 2011 uprising, it remained unclear whether the GTA had come into existence.
Some suspected the GTA had been formed to oversee the monitoring of online activities.
26
ProjectCyberDawnv1.0,Libya,TheCyberSecurityForumInitiative,April17,2011,p.20,http://www.unveillance.com/wp
content/uploads/2011/05/Project_Cyber_Dawn_Public.pdf
27
Internetservicebackineachofthefollowingareas,[inArabic]LibyaTelecom&Technology,
28
InternetserviceoutagesandLibyaiPhonespareresultinopticalfiber,[inArabic]LibyaTelecom&Technology,
29
Costoflastyearsdamagetoelectricityindustryputat$1bn,TheLibyaHerald,March28,2012,
http://www.libyaherald.com/costoflastyearsdamagetoelectricityindustryputat1bn/.
30
UnitedNationsEconomicCommissionforAfrica,TheStatusofInformationforDevelopmentActivitiesinNorthAfrica,
(paperpresentedatthetwentiethmeetingoftheIntergovernmentalcommitteeofexperts,Tangier,Morocco,April1315,
2005),http://www.uneca.org/na/Information.pdf;InternetFilteringinLibya2006/2007,OpenNetInitiative,
2007,http://opennet.net/studies/libya2007;TelecomsinLibya[inArabic],Marefa.org,accessedAugust30,2012,
http://bit.ly/1bhJYKc.
LIBYA

LIMITS ON CONTENT
The Libyan web has opened up extensively since the fall of Qadhafi in August 2011. The online
media landscape quickly developed as restrictions and regulations on publishing dissipated during
the extended period of instability. As internet use has increased, so has the market for online
advertising, contributing to the overall expansion of Libyan news sites and online services.
Facebook in particular has become an important news source for many Libyans. Under the various
transitional and interim governments, censorship remained low and sporadic. Over the past year,
however, there have been a few cases of the state blocking content for political reasons. Moreover,
habits from decades of oppressive rule and the continued threat posed by militias contribute some
degree of self-censorship among users, particularly on sensitive subject areas. These concerns
presented some limits on content over the past year, although it is still too early to tell what
direction Libya is moving during this highly-fluid, uncertain transitional period.
Web 2.0 services such as YouTube, Facebook, Twitter, and international blog-hosting platforms
are freely accessible in Libya. In fact, the Innocence of Muslims film that sparked protests outside
the American consulate in Benghazi was not blocked by Libyan authorities, although it was made
inaccessible by YouTubes parent company, Google. Facebook was inaccessible for at least one day
in November 2012, although the LTT was quick to explain on its website that this was not the
result of state censorship but rather a glitch from the company.31 While the defeat of the Qadhafi
regime led to a cessation of state blocking in August 2011, many Qadhafi-era government webpages
containing information on laws and regulations from before the uprising are inaccessible, as is the
online archive of the old state-run Libyan newspapers. Some of these websites may have become
defunct after the officials running them were ousted or hosting fees were left unpaid, but others
were likely taken down deliberately when the revolutionaries came to power.
As mentioned, there have been some instances of blocking recorded during the coverage period.
For example, the website of the television channel Russia Today (RT) was inaccessible in Libya in
early March 2013. RT had posted an interview with Mahmoud Jibril, head of the National Forces
Alliance, in which it was alleged that Libyas last Prime Minister under Qadhafi, Baghdadi alMahmoudi, was tortured in custody by government authorities after his recent extradition from
Tunisia.32 The Ministry of Communications and Information Technology actually confirmed that
RT was blocked on their Facebook page, as well as the blocking of another website called Makala.33
The English site of RT was later unblocked, although as of March 2013, the Arabic version could
only be accessed through a cached copy or proxy.
31
ReasonsforthestopofsocialnetworkingsiteFacebook,[inArabic]LibyaTelecom&Technology,
32
ChrisStephenandLukeHarding,LibyasformerPMMahmouditorturedonforcedreturntoTripoli,TheGuardian,June
27,2012,http://www.guardian.co.uk/world/2012/jun/27/libyamahmouditorturedreturntripoli.
33
SeepostbytheMinistryofCommunicationsandInformaticsLibya[inArabic],
https://www.facebook.com/cim.gov.ly/posts/403340369762444.
LIBYA

Some pornographic websites are also among those that continue to be blocked since the end of
hostilities, according to a decision made by an ad hoc Temporary Steering Committee formed after
the liberation of Tripoli. The committee is formed of conservative rebel fighters in a bid to be seen
as the guardians of public morality. Prior to the war, indecency was prohibited but sexuallyexplicit sites were never blocked. This development has not yet been reversed by the LTT, perhaps
due to the conservative outlook of some political factions vying for influence in the future of Libya.
There is little transparency and no legal framework related to the blocking of websites in Libya, as
the regulations have not yet been formulated. Technically, all regulations of the Qadhafi era remain
valid.
Though the environment has loosened considerably since Qadhafi, a sizable number of Libyan
bloggers, online journalists and ordinary citizens continue to practice some degree of selfcensorship due to continued instability and the uncertain political situation.34 Under the newly
elected government, visas for foreign journalists have become more difficult to obtain. In January
2013, through a picture she posted on Twitter, a Washington Post reporter revealed that she had
been made to sign a written pledge not to portray the country in a manner that might be
provocative or distort civil peace.35 In addition, given the already tense and violent environment,
many bloggers and individuals choose not to comment on social taboos such as rape or conflicts
between warring tribes and cities. Online writers also shy away from expressing religious opinions
for fear of being marked as an atheist or a Shiite sympathizer, both of which can be life threatening.
Many also avoid publishing content critical of the 2011 revolution. It should be noted that many
commentators are more afraid of retribution from armed groups and non-state actors rather than
the government. Such unseen pressures contribute to an atmosphere of self-censorship and
incomplete freedom.36
Despite these trends, an increasing number of bloggers have demonstrated a willingness to use their
real name when posting online. Blogging first emerged in Libya in 2003. While even Qadhafi
launched his own blog in 2006, the number of blogs based inside the country remained low
compared to other Arab countries.37 Since the start of the revolution in February 2011, however,
the contingent of blogs written by those inside Libya has notably increased and many Libyans have
focused on topics related to political activism. Bloggers, online journalists, and other users have
vocally expressed a diverse range of visions for the post-Qadhafi political order, the interim
government, and other topics.
After decades of harsh censorship, the online media landscape in Libya is now diverse, with few
dominant news providers and many local or privately-owned outlets. The online advertising market
is also growing in the country, allowing independent news sites, such as the Libya Herald, to
34
2013WorldPressFreedomIndex:DashedHopesAfterSpring,ReportersWithoutBorders,http://en.rsf.org/pressfreedom
index2013,1054.html,lastaccessedinMarch2013.
35
Seehttps://mobile.twitter.com/ahauslohner/status/293706323747557377/photo/1
36
TraceyShelton,Libyasmediahasitsownrevolution,GlobalPost,March18,2012,
http://mobile.globalpost.com/dispatch/news/regions/africa/120301/libyamediarevolutionnewspaperstelevisionradio
journalismfreespeech.
37
ClaudiaGazzini,TalkingBack:HowExiledLibyansusethewebtopushforchange,ArabMediaSociety,February,2007,3,
http://www.arabmediasociety.com/articles/downloads/20070312142030_AMS1_Claudia_Gazzini.pdf.
LIBYA

generate money more than one year after its founding. Websites related to the Amazigh (whose
language was banned under Qadhafi) and other minorities are now flourishing. Interestingly,
Facebook is often the platform of choice for city and even government officials to publish updates
and official communication. From April 2012 to April 2013, the number of Facebook users in Libya
increased from some 400,000 to 860,000.38 The social networking site was the most visited
website in the country and has also become the main source of news about Libya for a large number
of users inside and outside the country.39
In 2012 and early 2013, Facebook, Twitter and other digital media were used to mobilize Libyans
for activism around a variety of causes. For example, on March 14, 2013, activists coordinated
protest in Tripoli and at Libyan embassies around the world to protest violence against women.
Social media had been crucial in bringing attention to numerous cases of sexual harassment against
terminally ill hospital patients in Libyan hospitals. In addition, social media was a factor in the
September 21, 2012 protests in Benghazi, in which over 30,000 Libyans expressed their anger at
the continued presence of armed militias, including the terrorist group Ansar al-Shariah, and
demonstrated their solidarity with the United States for the killing of the American Ambassador J.
Christopher Stephens and two American guards during the storming of the US consulate in
Benghazi on September 11.40 In another example of how the internet is being used to engage
citizens, the host of the popular TV show called Libya Tonight41 held an interactive discussion with
Facebook followers during a media training session at the American University in Cairo in March
2013.42 Mass text message campaigns were also used to rally support in the run-up to the July 2012
elections and for a number of other announcements.

Freedom of opinion, communication, and press are guaranteed by Libyas Draft Constitutional
Charter, released by the Libyan Transitional National Council in September 2011 to outline Libyas
governance during the transitional and interim period following the fall of the Qadhafi regime.43
The formation of a committee to draft the new constitution has been delayed numerous times, as
Libya searches for stability and rule of law in the post-conflict period. Legal reforms are essential to
ensure that the rights enshrined in the draft charter are implemented. Although it has now been
two years since Qadhafis ouster, scars from his 42-year rule linger in the national psyche.
Restrictive laws remain on the books and a murky surveillance apparatus continues to function with
little judicial oversight. The gravest threat to user rights, however, are the countrys armed groups.
38
LibyaFacebookStatistics,Socialbakers,accessedApril10,2012,http://www.socialbakers.com/facebookstatistics/libya,and
GhaziGheblawi,FreespeechinpostGaddafiLibya,IndexonCensorship,April2013,
http://www.indexoncensorship.org/2013/04/freedomofspeechinlibya/.
39
TheTopSitesinLibya,Alexa,accessedApril10,2012,http://www.alexa.com/topsites/countries/LY.
40
SulimanAliZwayandKareemFahim,AngryLibyansTargetMilitias,ForcingFlight,TheNewYorkTimes,September21,
2012,http://www.nytimes.com/2012/09/22/world/africa/proamericanlibyansbesiegemilitantgroupinbenghazi.html?_r=0.
41
Seehttps://www.facebook.com/LIC.LibyaTonight
42
Seehttp://on.fb.me/19GODzU.
43
DraftConstitutionalCharterfortheTransitionalStage,LibyanTransitionalNationalCouncil,September2011,availableat
http://www.refworld.org/docid/4e80475b2.html.
LIBYA

A British journalist writing for a Libyan news site was chased out of the country by Islamist fighters
after exposing the groups kill list, consisting of senior security officials.
During the Qadhafi era, several laws provided for freedom of speech, but these protections were
typically offset by vague language restricting the same freedoms. For example, the 1969 Libyan
Constitutional declaration and the 1988 Green Charter for Human Rights both guarantee freedom
of speech and opinion but also note that these must be within the limits of public interest and the
principles of the Revolution.44 Discussions over a new press law in 2007 and a telecommunications
law in 2010 did not progress and were not implemented.45 Since 2012, the judiciary has become
increasingly independent, although all state bodies are still subject to pressure from the armed
militias that defeated Qadhafi. For example, in April 2013, rebel fighters key to the removal of
Qadhafi besieged the justice and foreign ministries to demand the passing of the Isolation Law, a bill
that outlawed former Qadhafi officials from public life.46
Laws from the Qadhafi era remain on the books, including measures that provide for harsh
punishments for those who published content deemed offensive or threatening to Islam, national
security, territorial integrity, or the reputation of Qadhafi. The penal code calls for imprisonment
or the death penalty for anyone convicted of disseminating information critical of the state or the
Leader of the Revolution. The 1972 Publications Act imposes fines and up to two years in prison
for a variety of violations, including libel, slander, and doubting the aims of the revolution.47
Particularly egregious was a law on collective punishment, which allowed the authorities to punish
entire families, towns, or districts for the transgressions of one individual.48 Because of their vague
wording, these laws could be applied to any form of speech, whether transmitted via the internet,
mobile phone, or traditional media. A 2006 law mandates that websites registered under the .ly
domain must not contain content that is obscene, scandalous, indecent or contrary to Libyan law
or Islamic morality.49 Under Qadhafis rule, several internet users and online journalists were
detained, prosecuted, and in some cases, killed, for disseminating or accessing information deemed
undesirable by the regime.
Although there is less fear of government repression in the post-Qadhafi era, threats still remain,
particularly with so few mechanisms to hold the government or militias accountable should they
abuse their power. George Grant, the British journalist who worked for the online publication the
Libya Herald, was forced to flee Libya in January 2013 following alleged threats from Islamists,
according to his tweets and an interview with the BBC.50 One month earlier, Grant had written an
44
IREX,MediaSustainabilityIndexMiddleEastandNorthAfrica,MediaSustainabilityIndex2008(WashingtonD.C.:IREX,
2008),27,http://www.irex.org/system/files/MENA_MSI_2008_Book_Full.pdf.
45
IREX,MediaSustainabilityIndexMiddleEastandNorthAfrica,MediaSustainabilityIndex2006/2007(WashingtonD.C.:
IREX,2009),33,http://www.irex.org/system/files/MENA%20MSI%202007%20Book.pdf.
46
RanaJawad,WhyLibyasmilitiasareupinarms,BBCNews,April30,2013,http://www.bbc.co.uk/news/worldafrica
22361101.
47
FreedomHouse,Libya,FreedomofthePress2011,http://www.freedomhouse.org/report/freedompress/2011/libya.
48
IREX,MediaSustainabilityIndexMiddleEastandNorthAfrica,MediaSustainabilityIndex2005(WashingtonD.C.:IREX,
2006),36,http://www.irex.org/system/files/MENA_MSI_2005Full.pdf.
49
InternetFilteringinLibya2006/2007,OpenNetInitiative,andRegulations,LibyaccTLD,accessedAugust30,2012,
http://nic.ly/regulations.php.
50
Seehttp://www.facebook.com/video/video.php?v=10100408892583391
LIBYA

article regarding a suspected death list of senior security officials, drawn up by Islamist fighters
seeking to undermine the state security presence in Benghazi.51 In another example, the Libyan
online activist Hamid al-Tubuly was reportedly abducted in December 2012 by members of the
Supreme Security Council, a non-state militia, who released him only after a direct plea by the head
of the GNC.52 However, it was also rumored that al-Tubuly was not targeted for his online activism
but rather because the militia wanted to take possession of his house.
The Qadhafi regime had direct access to the countrys DNS servers and engaged in widespread
surveillance of online communications. State of the art equipment from foreign firms such as the
French company Amesys53 and possibly the Chinese firm ZTE were sold to the regime, enabling
intelligence agencies to intercept communications on a nationwide scale and collect massive
amounts of data on both phone and internet usage.54 Correspondents from the Wall Street Journal
who visited an internet monitoring center after the regimes collapse reportedly found a storage
room lined floor-to-ceiling with dossiers of the online activities of Libyans and foreigners with
whom they communicated.55 Extensive efforts were also made to develop the capacity to eavesdrop
on Skype and VSAT connections. According to current and former staff of LTT, the government
even obtained backdoor access to Thuraya satellite phones, which were widely perceived as a
secure means of communication.56 In general, Libyans must present identification when purchasing
a SIM card.
While many Libyans would like to believe that such widespread surveillance has ceased,
uncertainties remain over the actions of domestic intelligence agencies in the new Libya. A July
2012 report from the Wall Street Journal indicated that surveillance tools leftover from the Qadhafi
era had been restarted, seemingly in the fight against loyalists of the old regime.57 Others suspect
that it has been activated to target those with an anti-Islamist agenda. During an interview on alHurra TV in March 2012, the Minister of Telecommunications stated that such surveillance had
been stopped because the interim government wanted to respect the human rights of Libyans. An
organization representing IT professionals in Libya refuted his remarks in an online statement,
claiming those working in the telecom sector report that the surveillance system has been
reactivated. Such allegations could not be independently verified, however.58 Given the lack of an
independent judiciary or procedures outlining the circumstances under which the state may
51
Forthearticleinquestion,seeGeorgeGrantandMohamedBujenah,UpdateII:Securityforcesarrestmaninconnection
withBenghazikillings,fourpolicemenkilledinfailedreleaseattempt,LibyaHerald,December16,2012,
http://www.libyaherald.com/2012/12/16/securityforcesarrestpossiblefarajdrissiassassinsparkingreprisalkillings/.
52
UmarKhan,AbductedsocialnetworkactivistHamidalTubulyhitsoutattheSSC,deniesinvolvementwithMohammed
Qaddafi,LibyaHerald,December11,2012,http://www.libyaherald.com/2012/12/11/abductedsocialnetworkactivisthamid
altubulyhitsoutatthesscdeniesinvolvementwithmohammedqaddafi/.
53
IvanSigal,Libya:ForeignHackersandSurveillance,GlobalVoices,October27,2011,
http://advocacy.globalvoicesonline.org/2011/10/27/libyaforeignhackersandsurveillance/.
54
Ibid.
55
PaulSonneandMargarentCoker,FirmsAidedLibyanSpies,TheWallStreetJournal,August30,2011,
56
SonneandCoker,FirmsAidedLibyanSpies.
57
MargaretCokerandPaulSonne,GadhafiEraSpyTacticsQuietlyRestartedinLibya,TheWallStreetJournal,July2,2012,
58
LibyaTelecomFacebookpost[inArabic],March31,2012at7:16am,
https://www.facebook.com/LibyaTelecom/posts/201142566662920.
LIBYA

conduct surveillance, there is little to prevent the government, security agencies, or militias who
have access to the equipment from resuming the practice.
During the Qadhafi era, opposition websites such as Libya Watanona, or those affiliated with the
Muslim Brotherhood or minority groups such as the Amazigh, were periodically hacked. The
government was widely suspected of being behind the attacks.59 In January 2011, the opposition
website al-Manara came under cyberattack after it had posted videos of early anti-Qadhafi
protesters in Bayda and al-Mostakbal.60 Periodic attacks continued in 2012 and 2013, with both
pro-Qadhafi and pro-revolution pages hacked by individuals or groups unaffiliated with the
government.
59
InternetFilteringinLibya2006/2007,OpenNetInitiative,2007,http://opennet.net/studies/libya2007
AmiraAlHussaini,Libya:Gaddafiwageswarontheinternetastroublebrewsathome,GlobalVoices,January17,2011,
http://globalvoicesonline.org/2011/01/17/libyagaddafiwageswarontheinternetastroublebrewsathome/.
60
LIBYA
MALAWI
2012
2013
PARTLY
N/A
FREE

n/a
n/a
n/a
n/a
Total (0-100)
16
11
15
42

Traditional and online media restrictions relaxed under Joyce Banda, who assumed the
presidency in April 2012 following the death of President Bingu wa Mutharika (see
INTRODUCTION).
In May 2012 the National Assembly repealed Section 46 of the penal code that had
empowered the information minister to ban any publications deemed contrary to the
public interest (see VIOLATIONS OF USER RIGHTS).
A draft E-Bill was introduced in October 2012 that aims to implement a legal
framework for regulating ICTs (see VIOLATIONS OF USER RIGHTS).
A government plan to implement a so-called spy machine for monitoring mobile
phone companies was struck down by a court in late 2012 but sanctioned by parliament
in mid-2013 (see VIOLATIONS OF USER RIGHTS).
In October 2012, criminal libel charges were brought against an online news
correspondent, though he was acquitted in February 2013 (see VIOLATIONS OF USER
RIGHTS).
MALAWI

INTRODUCTION
Internet and mobile phone services were first introduced in Malawi in the late 1990s, though after
decades of flagging economic development, the impact of information and communication
technologies (ICTs) has been limited for most Malawians compared to other countries in SubSaharan Africa. Penetration rates for digital media tools remain well below average for the region
due primarily to poor infrastructure and the high cost of access. Nevertheless, the development of
Malawis ICT sector has become a government priority under President Joyce Banda, who in her
inaugural state of the nation address in May 2012 set out a vision for deploying ICTs as a catalyst for
economic development.1
Banda came to power in April 2012 following the death of former President Bingu wa Mutharika,
who was known for his heavy-handed approach towards the opposition and restrictions against
fundamental freedoms, including digital media freedoms. In 2011, the Malawi Communication
Regulatory Authority (MACRA) under the Mutharika government introduced a Consolidated ICT
Regulatory Management System that became locally known as the spy machine, which ostensibly
aimed to monitor the performance of mobile phone companies to improve quality of service. The
courts placed an injunction on the system in late 2012, but in June 2013, parliament gave MACRA
its endorsement to install the machine, despite the courts ruling.
The government does not systematically block or filter internet content in Malawi; however,
during violent anti-government protests in July 2011, MACRA reportedly ordered internet service
providers (ISPs) to block certain opposition news and social media websites, among other media
tools. No such blocks have occurred under President Banda, though a controversial E-Bill was
introduced in October 2012 that aims to implement a legal framework for regulating ICTs.
Criticized for its potential to limit internet freedom, the draft E-Bill would require editors of online
public communications services to reveal their personal information and allow the government to
appoint cyber inspectors to monitor online activity in the public domain.2
While harassment and violence against traditional media journalists was prolific under the late
president Mutharika, online journalists were not targeted. One online journalist was arrested in
October 2012 for allegedly insulting the new president and charged with criminal libel, though he
was acquitted in February 2013 for lack of evidence.
OBSTACLES TO ACCESS
Malawi is a landlocked and densely populated country that suffers from widespread poverty. With
80 percent of the population residing in rural areas, the agricultural sector comprises the bulk of
1
CleopaTimonOtieno,PresidentBandaUnveilsMalawisICTVisionasGovernmentSetsUp7Telecentres,Telecentre,(blog),
May25,2012,http://bit.ly/1dSjL2v.
2
MalawiAlert:EBillPutsFreedomofExpressionOnlineinCrosshairs,NyasaTimes,October4,2012,http://bit.ly/1fWVQAR.
MALAWI

the countrys economic output. Accordingly, Malawis presence on the internet is one of the
lowest in the world, with a penetration rate of just over 4 percent as of the end of 2012, according
to the International Telecommunications Union.3 Meanwhile, there were about 1,200 fixed
broadband subscriptions in 2012 for a penetration rate of 0.1 percent,4 and broadband speeds
average 0.1 Mbps or less.5 Mobile phone penetration in Malawi is also low at 28 percent,6
compared to an average of 76 percent across the continent as of February 2013.7
Most users log on at internet cafes, as computers are a luxury for ordinary households in Malawi,
and very few households have access to the internet at home. Nevertheless, the recent introduction
of affordable 3G and 3.75G mobile broadband services has led to increasing mobile internet access
and declining patronage at local internet cafe operations, which charge a minimum of 5 Malawian
kwacha per minute, about $1.00 per hour, and close at 6pm.8 In addition, service on the GSM
network has expanded throughout the country to cover 93 percent of the population following the
removal of a number of regulatory barriers such as long registration processes, making Malawis
GSM signal coverage one of the highest in Africa.9 DSL services are also available, and Malawi
Telecommunications Limited (MTL) launched WiMAX wireless broadband services in May 2012.10
Competition between private ISPs has further enabled wireless internet access through Wi-Fi
hotspots, particularly in urban areas of the country.
While Malawis ICT sector has experienced tremendous growth in recent years, the cost of access
remains a major challenge for ordinary people. The government does not regulate the price of
internet access, enabling operators to charge as they wish and making the cost of access
prohibitively high for many Malawians. As of early 2013, the monthly price of fixed-line internet
access is US$16.50, while a monthly mobile 3G data plan costs about US$24 for 1.5GB of data.11
The high cost of internet access in Malawi is symptomatic of the many challenges that ISPs face, one
being the lack of a local internet exchange point, which forces telecoms to rely on upstream service
providers that are usually based outside Africa. As a result, data that should be exchanged locally
within Malawi or regionally must pass through Europe or North America where upstream
providers are based, leading to an unnecessary and expensive waste of upstream bandwidth.
4
InternationalTelecommunicationUnion,Fixed(Wired)broadbandSubscriptions,20002012.
5
BroadbandCommissionforDigitalDevelopment,TheStateofBroadband2012:AchievingDigitalInclusionforAll,
September2012,http://www.ericsson.com/res/docs/2012/thestateofbroadband2012.pdf.
6
7
WorldsMobilePenetration,Parseco(blog),December18,2012,http://www.parseco.com/worldsmobilepenetration/.
8
RichardChirombo,MobilePhonesPushInternetCafesUnder,SundayTimes,January22,2012,
http://www.bnltimes.com/index.php/sundaytimes/headlines/business/3907mobilephonespushinternetcafesunder.
9
VivienFosterandMariaShkaratan,MalawisInfrastructure:AContinentalPerspective,AfricaInfrastructureCountry
Diagnostic,WorldBank,March2010,
http://siteresources.worldbank.org/INTAFRICA/Resources/Malawi_country_report_2011.01.pdf.
10
MTLLaunchesNewWirelessBroadbandInternetService,DailyTimes,May4,2013,
http://www.bnltimes.com/index.php/dailytimes/headlines/business/6218mtllaunchesnewwirelessbroadbandinternet
service.
11
ComparingAfricanPrepaidMobileBroadbandPlans,OAfrica,September24,2012,
http://www.oafrica.com/mobile/africanprepaidmobilebroadbandplans/.
MALAWI

Another major challenge facing the telecommunication sector in Malawi is that the countrys power
and ICT backbones are entirely national in nature, with no regional integration at present, although
a number of cross-border connections have been proposed.12 Due to Malawis landlocked location,
the countrys connection to the international fiber network runs through Mozambique, Zambia,
South Africa and Tanzania.13 Three new submarine cables are currently competing to be the first to
start service in Malawi as the country plans to extend a fiber-optic backbone through Tanzania to
the coast.14 If a suitable regulatory regime is also put in place, the new cables will bring down the
cost of international bandwidth and deliver a boost to the broadband market. Meanwhile, the high
costs of infrastructural development in rural areas has led to an unwillingness by providers to invest
in the countrys remote regions, though the regulatory authority MACRA is looking to subsidize
fees to encourage operators to deploy ICT services in the countrys less profitable yet neediest
areas.
A low literacy rate of 64 percent and a significant digital gender divide are also hindering progress
and access to ICTs in Malawi, while unreliable electricity and the high cost of generator power in
the country strain ICT use. Only 7 percent of the country has access to electricity, giving Malawi
one of the lowest electrification rates in the world.15 The electricity grid is concentrated in urban
centers, though only 25 percent of urban households have access, compared to a mere 1 percent of
rural households. Half the formal sector enterprises in Malawi have backup generators, which is
twice the amount found in other low-income African countries.
According to statistics released in May 2013, there are 22 operational ISPs in Malawi, and despite
high operating costs and the limited availability of international bandwidth, there is reasonable
competition between the providers. Malawi Net, formed in 1997, was the countrys first private
ISP, followed in 1999 by Malawi Sustainable Development Network Programme, a semigovernment owned and United Nations Development Project-funded ISP. In the new millennium,
several private ISPs followed suit, including Africa-Online, Globe Internet Company, Skyband, and
most recently, Malawi Telecommunications Limited (MTL). MTL also serves as the countrys
telecommunication backbone since most ISPs and mobile phone service providers use MTLs
infrastructure.16 Previously a government-owned entity, MTL was privatized in 2005 and is now 80
percent owned by Telecomm Holdings Limited, while the government retains the other 20
percent.
Malawis two major players in mobile phone services, Airtel Malawi and Telecom Networks
Malawi, together command a mobile teledensity of 18 percent and recently launched 3G mobile
12
PPIAFAssistanceinMalawi,PublicPrivateInfrastructureAdvisoryFacility,March2012,
http://www.ppiaf.org/sites/ppiaf.org/files/documents/PPIAF_Assistance_in_Malawi.pdf.
13
Video:InternetServicePricesStillHighinMalawi,OAfrica,December8,2011,http://www.oafrica.com/video/video
internetservicepricesstillhighinmalawi/.
14
BeatricePhilemon,MalawiKeenonSubmarineCableConnectionwithTanzania,Ippmedia,March18,2012,
http://www.ippmedia.com/frontend/index.php?l=39583.
15
TelekomNetworksMalawi(TNM)Ltd.MalawiFeasibilityStudy,GSMAGreenPowerforMobile,2012,
http://www.gsma.com/mobilefordevelopment/wpcontent/uploads/2012/06/TNM_Malawi_FeasibilityStudy.pdf.
16
TelecommunicationsinMalawi,MBendi,accessedJune1,2013,
http://www.mbendi.com/indy/cotl/tlcm/af/ma/p0005.htm.
MALAWI

services based on UMTS/HSPA technology.17 A third mobile operator, G-Mobile, was licensed in
2008 but the rollout of the new network experienced delays. It is currently in court fighting against
the revocation of its license as a result of a failure to start services on time.18 A fourth license was
awarded to Celcom in 2011, and the launch of its services is expected in 2013. Meanwhile, the
government has encouraged more competition in the market by introducing a converged licensing
regime, which enabled the countrys two fixed-line operators, MTL and Access Communications,
to enter the mobile market. Both telecoms are already operating CDMA-based fixed-wireless
networks that support full mobility and broadband access using high-speed EVDO technology.
MACRA is Malawis sole regulator, established under the 2008 Communication Act to ensure
reliable and affordable ICT service provision throughout Malawi. Its mandate is to regulate the
whole communications sector with respect to telecommunications, broadcasting, postal services,
and the management of the radio frequency spectrum. As a regulator, it also issues operating
licenses for mobile and fixed-line phone service providers, ISPs, and cybercafes, though political
connections are often necessary to receive such licenses.
The institutional structure of MACRA is not without political interference as its board is comprised
of a chairman and six other members appointed by the president and two ex-officio membersthe
secretary to the Office of the President and Cabinet and the Information Ministry secretary. The
director general, whose appointment also passes through the presidents scrutiny, heads the
authoritys management and supports the board of directors in the execution of its mandate.
LIMITS ON CONTENT
Increasing government manipulation of online content through pro-government trolls is the most
notable trend of 2012 and 2013, as the Malawian government seems to be grappling with the desire
to restrict critical online speech in spite of their technical inability to do so.
The government of Malawi does not systematically block or filter any websites primarily out of a
lack of capacity, though it has demonstrated a desire to censor internet content in the past. During
violent anti-government protests in July 2011, MACRA reportedly ordered ISPs to block certain
news websites and social media networks, including Facebook and Twitter, in a supposed effort to
quell the spread of violence.19 The UK-based Malawian online publication, Nyasa Times, also
experienced repeated distributed denial-of-service (DDoS) attacks that shut down its servers and
effectively disrupted its reporting of the protests. Known for its critical coverage and sometimes
exaggerated articles about the government, Nyasa Times was reportedly blocked again in November
17
UniversalMobileTelecommunicationsService(UMTS)andhighspeedpacketaccess(HSPA).
FrankJomo,MalawiCourtHaltsRegulatorCancelingGMobilesLicense,TimesReports,Bloomberg,May25,2011,
http://www.bloomberg.com/news/20110525/malawicourthaltsregulatorcancelinggmobileslicensetimesreports.html.
19
MichaelMalakata,MalawiBlocksSocialMediaNetworkstoQuellProtests,ComputerWorld,July22,2011,
http://news.idg.no/cw/art.cfm?id=3DFADEBE1A6467EAE44251D79A4C6F57.
18
MALAWI

2011, after it had published stories about government corruption and Mutharikas health
problems.20
Under the countrys new leadership, however, no such efforts to block or filter online content have
occurred. There have been no reports of content removaleven of illegal content such as child
pornography or copyright infringementunder either the former or the current government.
However, a draft Electronic Transactions and Management Bill in the works as of mid-2013 aims to
provide the government with a legal instrument to deal with illicit online material, according to a
spokesperson from the Office of the President and Cabinet.21
Social media platforms are freely available in Malawi, though in advance of the January 2013
protests against the countrys current economic hardships, the authorities called on citizens to
abstain from using Facebook and Twitter in an attempt to prevent the demonstrations from getting
out of hand.22 Rebelling against the call to self-censor online, activists went on Facebook to criticize
the governments efforts to limit freedom of speech and to express concern over the possible
blocking of online content. Nevertheless, social networks and other digital communication tools
remained unrestricted during the protests.
Despite the countrys technical inability to block or filter online content, there are concerns that
Malawi is currently attempting to move towards an administrative form of internet censorship
through a draft E-Bill that was proposed in October 2012 (see Violations of User Rights).23 While
the first draft of the bill prescribes restrictions against internationally-recognized illegal content,
press freedom watchdogs such as the Media Institute of Southern Africa and the Media Council of
Malawi expect the bills second draft to include more problematic provisions that will restrict
government criticism, stemming from concerns over various unofficial suggestions the authorities
have made about the need to deal with online publications that allegedly insult or spread
falsehoods about the government.
Online users and commentators practice a degree of self-censorship, though users have become less
fearful since Banda took power as a result of the reduced levels of harassment and violence against
traditional journalists that was common under the late Mutharikas regime. Otherwise, online
journalists usually exhibit caution in handling stories associated with ethnic, racial or religious
minorities, while comments have been less cautious and much more open to discussing topics of
controversial nature.
Nevertheless, there has been an increasing presence of pro-government trolls infiltrating
conversations on social media and online news websites to attack commentary that is critical of the
government. In addition, pro-government activists zealously promote content that President Banda
20
MalawiAuthoritiesBlockingNyasaTimesWebsite,TheZimbabwean,November8,2011,
http://www.thezimbabwean.co.uk/news/16305/malawiauthoritiesblockingnyasatimeswebsite.html.
21
InterviewconductedbyaFreedomHouseconsultant.
22
MalawiPoliceUrgesAgainstFacebookUpdates,TweetsonDemos,NyasaTimes,January16,2013,
http://www.nyasatimes.com/2013/01/16/malawipoliceurgesagainstfacebookupdatestweetsondemos/.
23
SimonMponela,MalawiGovernmenttoCensorOnlinePublications,Amalawi,October2,2012,
http://www.amalawi.info/index.php/2012/10/02/malawigovernmenttocensoronlinepublications/.
MALAWI

posts on her official Facebook page.24 Conversations in Facebook groups where the trolls regularly
appear suggest that they may be on an unofficial government payroll. Meanwhile, the government
launched its own news website, MANA Online, in August 2012 to compete with dissenting online
news outlets in the country,25 and the UK-based news portal, Nyasa Times, has close connections
with the President Banda through two journalists who are also members of the Presidential Press
Secretariat.
The Malawian blogosphere is still in its infancy but is growing, with media publishers such as
Blantyre Newspapers Limited trying to host bloggers on their websites to enhance their image as an
independent news source. In May 2012, blogging was recognized as an important part of journalism
for the first time when the Media Institute of Southern Africas blogging award of the year was
presented to the prominent blogger and journalist, Kondwani Munthali, marking a notable
development in Malawis media history.26 In May 2013, the award went to another Malawian
journalist, Rebecca Chimjeka.27
Nevertheless, many Malawian civil society groups have not been able to develop websites or an
online presence primarily because the bulk of the people they serve reside in rural areas where
literacy levels are low and access to ICTs limited or non-existent. In addition, economic conditions
in the country have made it difficult for journalists and media groups to launch online outlets, and
the high cost of using the .mw domaincurrently being administered by the Malawi SDNP on
behalf of the Malawian governmentmakes it expensive to provide locally-produced content.
According to an official at the SDNP, the cost of using the .mw domain is $100 a month for the first
two months after registering for the domain and $50 a month thereafter. Furthermore, online
advertising is low due to businesses having a limited understanding of the internet and their
hesitancy to advertise with independent media outlets.
The most influential ICT tool at the moment is the mobile phone through which SMS messages are
disseminated to garner political support or conduct opinion polls. For example, in the 2009
elections, the Democratic Progressive Party took advantage of increasing mobile phone penetration
to campaign for their presidential candidate via SMS. In December 2012, the countrys leading
print media group Nation Publications Limited, conducted an opinion poll on presidential
candidate preferences via SMS and Facebook,28 which the government accused of being biased after
the results showed President Banda losing.29
24
HerExcellencyDrJoyceBandasFacebookpage,accessedSeptember2013,https://www.facebook.com/pages/Her
ExcellencyDrJoyceBanda/325799237543309?ref=stream.
25
GregoryGondwe,MANALaunchesOnlineService,BizCommunity,August15,2012,
http://www.bizcommunity.com/Article/129/23/80053.html.
26
VictorKaonga,KondwaniMunthali:MalawisBloggeroftheYear,GlobalVoices,May15,2012,
http://globalvoicesonline.org/2012/05/15/malawikondwanimunthalimalawisbloggeroftheyear/.
27
RebeccaChimjekaspersonalblogavailableat,http://rebeccachimjeka.wordpress.com.
28
MalawiPaperCarryingOpinionPollonPresidentialCandidates,NyasaTimes,December7,2012,
http://www.nyasatimes.com/2012/12/07/malawipapercarryingopinonpollonpresidentialcandidates/.
29
PiusNyondo,MalawiStateHouseAccusesNewspaperofEndorsingPresidentialCandidateAheadof2014,MaraviPost,
December12,2012,http://www.maravipost.com/national/society/2478malawistatehouseaccusesnewspaperofendorsing
presidentialcandidateaheadof2014polls.html.
MALAWI

A growing number of public demonstrations have been organized through SMS and social media,
including nationwide protests on January 17, 2013 fueled by anger against rising inflation.30
Demonstration organizers launched online campaigns on Facebook and Twitter to urge public
participation in the street protests, and as a result, the president eventually conceded to pressure by
reducing her personal travel expenses. Nevertheless, there were no major policy changes in
response to the protests.

The repeal of Section 46 of the penal code in May 2012 marked an opening for overall media
freedom in Malawi, but an E-Bill proposed in October 2012 threatens to limit freedom of
expression online. A criminal libel case was lodged against an online journalist in October,
demonstrating the Banda governments sensitivity towards critical speech, though a court acquitted
him for lack of evidence. Courts also placed an injunction on the regulatory authoritys effort to
implement a spy machine on mobile phone companies.
Malawi has strong constitutional guarantees for freedom of the press and expression, though there
are several laws that restrict these freedoms in practice, such as the 1967 Protected Flag, Emblems
and Names Act and the 1947 Printed Publications Act, which restricts the media from reporting on
the president, among other limitations.31 Nevertheless, Malawis judiciary is generally regarded as
independent and has rendered several significant decisions against the government in recent years.
Most notably, the National Assembly in May 2012 repealed Section 46 of the penal code that was
enacted under former President Mutharika in January 2011 with the aim of empowering the
information minister to ban any publications deemed contrary to the public interest.32 The
provisions repeal was widely applauded by civil society and human rights groups.
While existing legislation primarily pertains to traditional media, the government introduced an EBill in October 2012 that aims to implement a legal framework for regulating ICTs. Widely
criticized for its potential to limit internet freedom, the E-Bill would require editors of online
public communications services to make their personal informationincluding names, addresses,
telephone and registration numbersavailable to the public. The bill would also allow the
government to appoint cyber inspectors who would have the power monitor and inspect any
website or activity on an information system in the public domain and report any unlawful activity
to the regulatory authority.33 The E-Bill is undergoing review as of mid-2013, and the Malawian
30
FrankJomo,MalawiansProtestAgainstSoaringCosts,SlumpinKwacha,Bloomberg,January17,2013,
http://www.bloomberg.com/news/20130117/malawiansprotestagainstsoaringcostsslumpinkwacha.html.
31
Malawi2012,inAfricanMediaBarometer(FriedrickBertStiftung:2012),http://www.fesmedia
africa.org/uploads/media/AMB_Malawi_2012.pdf,15,17.
32
MalawiMPsVotetoRepealMediaBanLaw,Sec46,NyasaTimes,May30,2012,
http://www.nyasatimes.com/2012/05/30/malawimpsvotetorepealmediabanlawsec46/;CommitteetoProtect
Journalists,CPJWelcomesRepealofNewsCensorshipLaw,newsrelease,June1,2013,
http://ifex.org/malawi/2012/06/01/news_censorship_law/;MISAmeetswithPresidentJoyceBanda,pushesforAccessto
InformationLaw,MISA/IFEX,June27,2012,http://www.ifex.org/malawi/2012/06/27/meeting_president/.
33
MalawiAlert:EBillPutsFreedomofExpressionOnlineinCrosshairs,NyasaTimes,October4,2012,
http://www.nyasatimes.com/2012/10/04/malawialertebillputsfreedomofexpressiononlineincrosshairs/.
MALAWI

government has reportedly sought input from individuals and institutions on the drafts
provisions.34
Libel is both a criminal and civil offense in Malawi, punishable with up to two years imprisonment
if prosecuted as a criminal charge, though most libel cases are processed as civil offences or settled
out of court. In October 2012, criminal libel charges were brought against Justice Mponda, a
correspondent for the online publication, Malawi Voice, which President Banda has reportedly
criticized for its publication of misleading and unbalanced stories. Mponda was arrested and had
his computers and other equipment seized for allegedly insulting the president and publishing false
information.35 He was released on bail the day after his arrest and formally charged with publishing
false news likely to cause public fear,36 though a court acquitted Mponda of all charges due to lack
of evidence in February 2013.37
In 2011, the regulatory authority MACRA attempted to implement a Consolidated ICT Regulatory
Management System (CIRMS), locally known as the spy machine, ostensibly for the purpose of
effectively monitoring the performance of mobile phone companies and improving quality of
service. Purchased from the U.S.-based company, Agilis International, for US$6.8 million, the
system would allow MACRA to obtain data from telephone operators, including the time,
duration, and location of calls, SMS messages sent and received, the type of handset used, and other
subscriber details.38 In October 2011, a court granted an injunction against MACRAs request to
roll-out the spy machine,39 and in September 2012, Malawis High Court issued a ruling that
banned the implementation of the system altogether.40 MACRA has since taken the issue to the
Supreme Court to appeal the ban.41 In February 2013, the parliamentary media and
communications committee stepped up its support of the system,42 and in June, parliament gave
MACRA its endorsement to install the machine, despite the court rulings. The machines roll-out
now awaits the Supreme Courts decision regarding MACRAs appeal.43
34
MalawianGovtSeeksViewsDraftElectronicLegislation,telecompaper,October2,2012,
http://www.telecompaper.com/news/malawiangovtseeksviewsdraftelectroniclegislation899011.
35
MalawiOnlineJournalistArrested,MISA/IFEX,October16,2012,
http://www.ifex.org/malawi/2012/10/16/malawi_online_journalist/.
36
MalawiAlertUpdate:ArrestedOnlineJournalist,JusticeMponda,GrantedBail,MISAMalawi,October17,2012,
http://www.mw.misa.org/index.php?option=com_content&view=article&id=139:malawialertupdatearrestedonline
journalistjusticempondagrantedbail.
37
KnowledgeChiwambo,MalawiCourtFreeOnlineJournalistMponda,NewstimeAfrica,February9,2013,
http://www.newstimeafrica.com/archives/30755.
38
GregoryGondwe,SpyMachineBringsTelecomsFears,BiztechAfrica,November14,2011,
http://www.biztechafrica.com/article/spymachinebringstelecomsfears/1437/?section=government.
39
MalawiCourtStopsGovtfromUsingSpyMachine,Mabvutojobani,Otocber16,2011,
http://mabvutojobani.com/2011/10/16/malawicourtstopsgovtfromusing%E2%80%98spymachine%E2%80%99/.
40
PeterChipanga,CourtQuashesMalawiCommunicationRegulatoryAuthoritySpyMachine,NewtimesAfrica,Septe
23,2013,http://www.newstimeafrica.com/archives/28417.
41
MacraTakesSpyMachineBantoSupremeCourt,telecompaper,October29,2012,
http://www.telecompaper.com/news/macratakesspymachinebantosupremecourt904627.
42
HudsonMphande,MalawiMPsEndorseSpyMachine,NyasaTimes,June25,2013,
http://www.bnltimes.com/index.php/dailytimes/headlines/national/13850mpsendorsespymachine.
43
GregoryGondwe,TelecomOperatorsLoseGroundinSpyMachineFight,BiztechAfrica,June27,2013,
http://www.biztechafrica.com/article/telecomoperatorslosegroundspymachinefight/6330/.
MALAWI

Meanwhile, there are no SIM card registration requirements in Malawi, nor is there evidence that
ISPs or cybercafs are required to proactively monitor users or retain user data. By law, service
providers are required to hand over user information when presented with a court order; however,
such legal safeguards have failed to prevent police abuse in the past, particularly under the
Mutharika regime. For example, in early 2012, when the Mutharika government suspected a group
led by then-Vice President Joyce Banda of scheming to overthrow it, the authorities demanded
mobile phone companies hand over transcripts of the groups mobile phone and SMS
communications, which Mutharika planned to use against Banda before his death.
Under Malawis new leadership, there have been no physical assaults, extra-legal detentions, or
technical attacks against opposition activists, bloggers, or ordinary users, though harassment and
violence against traditional media journalists was prolific under the late president Mutharika,
especially during the anti-government protests in July 2011 that killed 18 people.44
44
ReportersWithoutBorders,LettertoPresidentMutharikaabouthisThreatstoJournalists,March20,2012,
http://en.rsf.org/malawilettertopresidentmutharika20032012,42163.html.
MALAWI
MALAYSIA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
10
14
19
43
9
15
20
44

In the run-up to the May 2013 elections, news outlets covering the opposition faced
cyberattacks and content disruptions (see VIOLATIONS OF USER RIGHTS).
A legal amendment holding website owners liable for seditious comments posted by
users took effect in July, despite civil society opposition (see VIOLATIONS OF USER
RIGHTS).
A 2012 act on public security effective since 2012 may strengthen police surveillance
powers (see VIOLATIONS OF USER RIGHTS).
Police charged a blogger for criticizing the Malaysian state of Johors new Sultan in
Toronto-based Citizen Lab found spyware sold only to governments on a Malaysian
election-related document circulating before the polls (see VIOLATIONS OF USER
RIGHTS).
MALAYSIA

INTRODUCTION
The Malaysian government's encouragement of internet and mobile phone access has driven steady
growth in new media since the first internet service provider (ISP) was inaugurated in 1992. By
2012, internet penetration was measured at 66 percent, among the highest in the region.
In May 2013 general elections, the Barisan Nasional coalition clung to power with just under 50
percent of the popular vote, having lost its two-thirds parliamentary majority in 2008 for the first
time since 1969.1 Its leader, Prime Minister Najib Razak, publicly promotes internet freedom.2 Yet
his government detained at least eight bloggers in the months following 2008 elections, many for
sedition, or criticism of Malaysias royalty, which includes the sultans who constitutionally rule
nine of the countrys 16 states and federal territories. In the past two years, with elections looming,
officials reinforced commitments not to censor the internet, prosecuted fewer bloggers, and
pledged legislative reforms.3 When these reforms materialized in 2012, however, they fell short of
international standards. One notorious security law was repealed, but its replacement allows the
public prosecutor to intercept electronic communications without judicial oversight in security
investigations. An amendment to the Evidence Act 1950 rendering intermediaries liable for
seditious comments posted by users raised considerable civil society opposition in April, but went
quietly into effect in July. Meanwhile, police launched two new investigations for online criticism
of the Sultan of Johor; one blogger still faces charges.
Online mobilization was widely perceived as contributing to the oppositions 2008 electoral gains,4
and elections this year were marred by attempts to manipulate online discourse. Internet users
noted a palpable increase in the presence of cybertroopers, commentators paid by political parties
on all sides to attack their opponents. Other activity seemed to favor the government: Web news
outlets covering the opposition faced cyberattacks in the lead-up to the polls, and some apparent
filtering, though it was not clear if this was executed by the hackers or signaled a more formal
intervention by officials or service providers. Online reportingsome from the past yearhelped
expose the governments multi-million dollar sponsorship of pro-Najib articles published by
supposedly objective international blogs and news outlets since 2008. And in mid-2013, Torontobased Citizen Lab reported that at least one electronic document containing election-related
information in Malay appeared to be spreading spyware to recipients. The government is
1In1973,theBarisanNasional,whichtranslatesasNationalFront,absorbedtheAlliancePartycoalitionwhichhadgoverned
Malaysiasince1957.ATawdryVictory,Economist(blog),May6,2013,
http://www.economist.com/blogs/banyan/2013/05/malaysiaselection0.
2ThegovernmentfirstpledgedtokeepMalaysiasinternetfreeofinterferencein1998.SeeOpenNetInitiative,Country
ProfileMalaysia,August7,2012,http://opennet.net/research/profiles/malaysia.
3KalKamel,NoInternetCensor,ButBloggersMustKnowWheretoDrawtheLine:MalaysianPrimeMinister,GreyReview,
April25,2011,http://www.greyreview.com/2011/04/25/nointernetcensorbutbloggersmustknowwheretodrawtheline
malaysianprimeminister/.
4MalaysiasUneasyDancewiththeWeb,AsiaSentinel,August17,2010,
http://asiasentinel.com/index.php?option=com_content&task=view&id=2645&Itemid=178.
MALAYSIA

investigating online news portal Malaysian Insider for quoting international reports about that
spyware, which could allow authorities to spy on citizens without their knowledge.5
Despite these challenges, citizens continued to communicate voraciously via social networks. News
websites, once outliers, are now an indispensable part of Malaysias information landscape. Internet
users effectively documented police crackdowns on political protests in 2011 and 2012 that were
downplayed by tightly-controlled traditional media, and police cooperated with organizers of a
much more peaceful rally in January 2013. In October 2012, an appeals court ruling overturned an
irrational home ministry ruling against Malaysiakini, an independent news website seeking a print
publication license.6 The ministry repeatedly refused to grant the outspoken outlet a licensethe
kind of decision which encourages self-censorship among print and broadcast owners, even though
some licensing requirements were relaxed in 2012.7 In characterizing Malaysiakinis right to publish
a newspaper as fundamental, the judge took a step towards ensuring that Malaysias vibrant internet
culture will continue to have a powerful, positive impact on the nations broader free expression
restrictions. That vision was not shared by the home minister and the attorney general, who
appealed the ruling.8
OBSTACLES TO ACCESS
Internet penetration was measured at 66 percent in 2012, one of the higher rates in Asia;9 officials
pledged to increase it to 80 percent in 2013.10 Malaysians can access the internet through home
connections, workplaces, and mobile phones. In April 2012, Kuala Lumpurs municipal
government even introduced a policy requiring businesses seeking food and beverage licenses to
provide inexpensive Wi-Fi.11
Cybercafes also play an important role in bridging the digital divide, though one persists. More than
80 percent of internet users lived in urban areas as recently as 2010,12 and penetration remains low
in less populated states in East Malaysia, where most residents belong to indigenous groups.
The introduction of wireless WiMax technology in 2008 has helped bring broadband to regions that
are difficult to reach via cable; four WiMax providers were in operation as of mid-2013. The
government has also prioritized development of the broadband infrastructure. In 2010, a National
5ThepresenceofthespywareinMalaysiadoesnotrevealwhoisemployingit,butitismarketedtogovernments.See
ViolationsofUserRights.
6HafizYatim,MalaysiakiniWinsCourtBattleOverPrintLicence,Malaysiakini,October1,2012,http://bit.ly/V5bcKG.
7ReportersWithoutBorders,MediaFreedominMalaysiaisFarFromAssured,OpenLetterTellsPrimeMinister,May15,
2012,http://en.rsf.org/malaisiemediafreedominmalaysiaisfar15052012,42628.html.
8HumanRightsWatch,WorldReport2013,CountryReports,Malaysia,January31,2013,http://bit.ly/ZbdTes,2.
9InternationalTelecommunicationUnion,PercentageofIndividualsUsingtheInternet,20002012,
http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx;TheEconomicTransformationProgrammeReport2012,188.
10TheEconomicTransformationProgrammeReport2012,188,http://bit.ly/17l5Y0j.
11ChoongMekZhin,DBKLtoMakeitaRequirementforRestaurantstoProvideWiFiServices,StarOnline,January9,2012,
http://thestar.com.my/metro/story.asp?file=/2012/1/9/central/10210201&sec=central.
12ComScore,MalaysianInternetUsageDrivenPrimarilybyPeopleinCentralRegion,pressrelease,October7,2010,
http://bit.ly/bQWgXU.
MALAYSIA

Broadband Initiative introduced five programs to expedite broadband and mobile expansion, some
in cooperation with Telekom Malaysia, the countrys largestand formerly state-owned
telecommunications company, which retains a monopoly over the fixed-line network.13 By 2011,
around 250 Community Broadband Centers were established nationwide and nearly 500,000
netbooks distributed to students and low income citizens in rural and suburban areas.14 In 2012, the
1Malaysia Broadband Affordable package offered five states with lower penetration rates decent
broadband speeds for under MYR 38 ($12) per month.15
Mobile phone usage surpassed the countrys total population in 2011. By 2012, mobile penetration
was at 141 percent, indicating that some individuals had multiple phone lines.16 Mobile internet
access is available, generally affordable and popular among young people. Approximately 20
percent of Malaysians aged 20-24 reportedly accessed the internet via their mobile phones in
2011.17
Regulation of the internet falls under the purview of the Malaysian Communications and
Multimedia Commission (MCMC), which is overseen by the minister of information,
communications, and culture. Both the MCMC and the ministry are guided by the 1998
Communication and Multimedia Act (CMA), which gives the information minister a range of
powers, including licensing the ownership and operation of network facilities. This could serve as a
means of control as it does for the traditional media, though no examples of this have been
documented, perhaps because the 25 private ISPs often have government connections. The two
largest ISPs are TMnet, a subsidiary of the privatized national phone company Telekom Malaysia,
and Jaring, which is owned by the Ministry of Finance. The same is true for mobile providers. The
largest, Maxis Communications, was founded by Ananda Krishnan, who also owns Malaysias
biggest satellite broadcaster and enjoys close ties to former Prime Minister Mahathir Mohamad.18
Two new mobile phone providers, YTL Communications and Umobile, have joined the market
since 2008. Though ostensibly unrelated to the government, observers believe they benefit from
political connections.
In recent years, some local authorities have introduced restrictions on cybercafes to curb illegal
online activities, particularly gambling, which is grounds for closure if detected on cafe premises.
Select states have capped the number of cybercafe licenses available, making it difficult for
legitimate new venues to open.19
13SiraHabuandShaunHo,RM1BillionInitiativetoPromoteHighSpeedBroadbandUsage,StarOnline,March25,2010,
http://thestar.com.my/news/story.asp?file=/2010/3/25/nation/5931577&sec=nation.
14MinistryofInformationCommunicationandCultureMalaysia,RuralBroadbandInitiativesinMalaysia,September21,
2011,http://www.scribd.com/doc/68533475/RuralBroadbandInitiativesinMalaysia.
151MalaysiaBroadbandAffordablePackagesfor5States,MalaysianWireless,September8,2012,
http://www.malaysianwireless.com/2012/09/1malaysiabroadbandaffordablepackagesfor5states/.
16InternationalTelecommunicationUnion,MobilecellularTelephoneSubscriptions,20002012.
17MalaysianInternetUsageTakesOffin2010,NielsenWire(blog),April25,2011,http://bit.ly/fh3qMN.
18ColinKruger,BillionaireEyesAustralianMedia,SidneyMorningHerald,May28,2011,
http://www.smh.com.au/business/billionaireeyesaustralianmedia201105271f81u.html.
19PeterBoon,CyberCafeLicencesNotIssuedAnymoreMinistry,BorneoPostOnline,October15,2012,
http://www.theborneopost.com/2012/10/05/cybercafelicencesnotissuedanymoreministry/.
MALAYSIA

The CMA provides for the ministry to appoint the MCMC chairman and three government
commissioners, plus two to five commissioners from non-governmental entities; the current three
are from the private sector.20 Since 2008, the process for appointing members of the MCMC
advisory board has become more transparent and participatory, involving consultations with diverse
stakeholders and the inclusion of civil society members on the board. Yet the MCMC remains a
driving force in efforts to curtail online speech, including investigations into online portals and
bloggers.
LIMITS ON CONTENT
Malaysian bloggers, though still practicing self-censorship on some issues, were an effective
check on power in 2012. Though content manipulation increased in the run-up to elections,
websites helped expose it, and also thwarted an apparent effort to block or throttle their
content that coincided with coordinated cyberattacks. As they had in 2011, internet users
braved a police crackdown to muster protesters in a massive demonstration in late April and
early May 2012 that was barely reflected in traditional media reports. A more peaceful
January 2013 rally benefitted from digital tools to ensure it went smoothly.
A provision of the CMA explicitly states that none of its wording shall be construed as
permitting the censorship of the Internet. The Multimedia Super Corridor, an information
technology development project, includes a 10-point Bill of Guarantees that promises no
censorship to member ICT businesses.21
While the Malaysian government blocks some websites for violating Malaysian laws, it has
not systematically targeted political content in the past. In 2009, Information,
Communications, and Culture Minister Dr. Rais Yatim sought to evaluate the readiness and
feasibility of the implementation of the Internet filter at [the] Internet gateway level, but
backtracked due to opposition.22 In mid-2013, officials said a total 6,640 sites had been
blocked since 2008.23
Authorities also take administrative measures to restrict information. The MCMC can
instruct websites to remove content, including some perceived as critical of the
government. Issues such as Islams official status, race, royalty, and the special rights
20MalaysianCommunicationsandMultimediaCommissionAct1998,availableat:
http://www.agc.gov.my/Akta/Vol.%2012/Act%20589.pdf.
21MultimediaSuperCorridor,MSCMalaysia10PointBillofGuarantees,accessedAugust2013,
http://www.mscmalaysia.my/news/introducingmscmalaysiacertifiedsolutions;MCMC,CommunicationsandMultimediaAct
1998,accessedAugust2013,http://www.skmm.gov.my/Legal/Acts/MalaysianCommunicationsAndMultimedia
Commission.aspx.
22RebekahHeacock,MalaysiaConsiders,BacksDownfromNationalInternetFilter,OpenNetInitiative(blog),August13,
2009,http://opennet.net/blog/2009/08/malaysiaconsidersbacksdownnationalinternetfilter.
23
MoreThan6,000WebsitesBlockedforViolationsSince2008,Bernama,viaMalayMailOnline,July5,2013,
http://www.themalaymailonline.com/malaysia/article/morethan6000websitesblockedforviolationssince2008.
MALAYSIA

enjoyed by bumiputera, who are ethnic Malays and other indigenous people, as opposed to
the ethnic Chinese and Indian minorities, are also considered sensitive. Discussing them can
lead to prosecution, so internet users do exercise self-censorship, levels of which appeared
to remain constant in 2012 and early 2013.
Procedures for administrative requests are generally nontransparent and lack judicial
oversight and avenues for appeal. In 2009, the MCMC directed Malaysiakini to take down
two videos containing sensitive religious and political content. When Malaysiakinis Editorin-Chief Steven Gan refused, the MCMC urged the attorney general to prosecute him. He
still risks a potential fine of up to MYR 50,000 ($14,300) and up to one year in prison,24 but
in 2013 the attorney general had yet to pursue the case, which remains the only reported
one of its kind. The MCMC also issues administrative requests to service providers. In 2011,
ISPs blocked access to 10 file-sharing websites citing Section 263 of the CMA and copyright
laws.25 Google blocked access to the infamous anti-Muslim video, Innocence of Muslims,
at the MCMCs request in September 2012.26
Many government-linked companies and public universities internally restrict access to
Malaysiakini and other sites perceived as politically sensitive, though online news outlets
represent an increasingly serious challenge to traditional media. Malaysiakini was listed as the
nations 15th most popular website by one source in 2013.27 This popularity, combined
with the combative political reporting published by independent or opposition-aligned
outlets, may have lead the government or its supporters to try and stop readers accessing
them in the lead-up to 2013 elections, when a handful of news website technical staff
discovered packets of information sent by their servers were not reaching readers, rendering
their content temporarily inaccessible.28 Some remained available on select ISPs. The
platforms all fixed the problem within 48 hours, and at least two filed a complaint with the
MCMC, which has yet to respond. The exact nature of the apparent blocking or
throttlingwhich occurred while many of the sites were being targeted by hackers
remains unclear.
24OneshowedMuslimdemonstratorsdesecratingtheheadofacowananimalHindusconsidersacredtoprotestthe
relocationofaHindutemple;thesecondshowedapoliticalspeech.SeeReportersWithoutBorders,MalaysiakiniWebsite
RefusestoBowtoCensorship,newsrelease,September24,2009,http://en.rsf.org/malaysiamalaysiakiniwebsiterefusesto
24092009,34575.
25PirateBay,MegaUploadandOthersBlockedByGovernmentOrder,TorrentFreak(blog),June9,2011,
http://torrentfreak.com/piratebaymegauploadothersblockedbygovernmentorder110609/.
26
TashnySukumaran,GoogleMalaysiablocks'InnocenceofMuslims'videoclip,September17,2012,
http://www.thestar.com.my/story.aspx?file=%2f2012%2f9%2f17%2fnation%2f20120917111604.
27TopSitesinMalaysia,AlexaWebInformationCompany,accessedJanuary29,2013,
http://www.alexa.com/topsites/countries/MY.>
28
OiwanLamandLeilaNachawati,Malaysia:NewsSitesFaceAttacksonEveofElections,GlobalVoicesAdvocacy,May4,
2013,
http://advocacy.globalvoicesonline.org/2013/05/04/malaysianewssitesfaceattacksoneveofelections/.
MALAYSIA

Despite these limits, expanded internet access has led to the emergence of a vibrant
blogosphere. English and Malay are the dominant languages, and many civil society groups,
including those representing ethnic minorities, have a dynamic online presence. Social
networking is almost ubiquitous. One 2011 report said Malaysians over 15 spent
approximately a third of their time online social-networking,29 while a November 2012
article said Malaysians visited social media platforms a staggering 14 billion times a month.30
Prime Minister Najib leads the way with his own blog and over a million followers on both
Facebook and Twitter.31 Other government representatives are embracing ICTs. The police
force, for example, has Facebook and Twitter accounts where officers provide updates on
policing activities and occasionally respond to accusations of abuse by members of the
public.32
Some of this engagement is manipulative in nature, something that has become increasingly
evident in the past three years. Both government and opposition figures privately
acknowledge paying cybertroopers, including bloggers and other online commentators, to
generate favorable content on their behalf and denigrate their opponents.33 Since traditional
media restrictions caused opposition groups to embrace online platforms relatively early, the
governments efforts to catch up have been costlyand so far, comparatively ineffective. The
Barisan Nasional has a dedicated group of bloggers, Unit Media Baru, generating content on
their behalf. Its members deny accepting payment for their efforts, which observers point
out are deliberately misleading: they countered the well-established opposition news website
Sarawak Report by creating a pro-government equivalent titled Sarawak Reports.34
The scale of these campaigns was exposed in 2012, when the government admitted paying
international PR firm FBC Media MYR 83.8 million ($26.5 million) between 2008 and
2010 to boost Prime Minister Najib's image abroad after the BBC publicly apologized for
airing programs with inappropriate sponsorship.35 Sarawak Report also said Abdul Taib
29ComScore,SocialNetworkingAccountsforOneThirdofAllTimeSpentOnlineinMalaysia,pressrelease,October17,
2011,http://www.comscore.com/Press_Events/Press_Releases/2011/10/Social_Networking_Accounts_for_One_Third_of_All_T
ime_Spent_Online_in_Malaysia.
30MalaysiaInternetUsageStatistic,SEOConsultant(blog),November24,2012,
http://www.seoconsultant.com.my/2012/11/malaysiainternetusagestatistic/.
31NajibRazaksFacebookpage,accessedJuly19,2012,www.facebook.com/najibrazak;NajibRazaksblog,1Malaysia,
accessedJuly19,2012,http://www.1malaysia.com.my/.
32PolisDirajasFacebookpage,http://www.facebook.com/PolisDirajaMalaysia.
33JoannaYap,PRSCyberTroopersReadyforComingPolls,BorneoPostOnline,March22,2012,
http://www.theborneopost.com/2012/03/22/prscybertroopersreadyforcomingpolls/;LimGuanEng,NajibsNewArmyof
CyberTrooperswithaHistoryofDirtyTricksisProofthatthe13thGeneralElectionWillbetheDirtiestElectionYet,
DapMalaysia,November21,2011,http://dapmalaysia.org/english/2011/nov11/lge/lge1414.htm.
34YuJi,TakingtheBattleOnline,February8,2012,
http://thestar.com.my/news/story.asp?file=/2012/2/8/sarawak/10692418.
35MariamMokhtar,SorryNoCure,BBC,FreeMalaysiaToday,February17,2012,
http://www.freemalaysiatoday.com/category/opinion/2012/02/17/sorrynocurebbc/;BBCsWorldwideApologyExposes
MalaysianGovt'sImage,HarakahDaily,February13,2012,http://en.harakahdaily.net/index.php/beritautama/4376bbcs
worldwideapologyexposesmalaysiangovtsimage.html.
MALAYSIA

Mahmud, the chief minister of Sarawak State, had separately contracted FBC Media for
online publicity campaigns.36 FBC Media, which denied wrongdoing, collapsed in 2011.37 In
March 2013, the U.S.-based media company BuzzFeed revealed that U.S. lobbying firms
working on behalf of the Malaysian ruling party or its associates funded a print and online
campaign, spanning May 2008 to April 2011, in American media outlets, much of it
criticizing opposition leader Anwar Ibrahim.38
Despite this kind of intervention, online tools have been effective for political mobilization
and exposing the governments grip on traditional media. Disparate groups united to quash a
2011 government proposal to expand the Printing Presses and Publications Act to online
content,39 and leaders subsequently pledged to abolish it altogether,40 though in practice this
resulted only in tepid reforms in 2012. The act, one of several that restrict traditional media,
helped give their more aggressive online counterparts the edge when reporting on political
issues.
Nowhere is this more apparent than during the political rallies for electoral reform, whose
organizers, the Coalition for Free and Fair Elections, have leveraged online platforms to
bring tens of thousands of supporters to the streets; even the name of the ralliesBersih 2.0
in 2011 and 3.0 in 2012is borrowed from the technology community. In 2011, while
mainstream media downplayed reports of police brutality against the largely peaceful
protesters, internet users circulated nearly 900,000 tweets and 1,600 videos documenting
violence, and 200,000 Facebook users petitioned for Najibs resignation.41 In 2012, that gap
widened. More bloggers and online news portals weighed in to keep people informed about
the rally and the security forces methods to control it, which included beatings, tear gas and
water cannons.42 Yet print media coverage declined compared to the previous year to what
the local Centre for Independent Journalism described as a near blackout.43
36NewRevelationsLinkFBCMediatoBNsDirtyTricksBloggingCampaignsLatestExpose!SarawakReport,August7,2011,
http://www.sarawakreport.org/2011/08/dirtytricksnewrevelationslinkfbcmediatobnsbloggingcampaigns/.
37IanBurrell,TVCompanyatCentreofGlobalNewsFixingRowGoesintoAdministration,October28,2011,
http://www.independent.co.uk/news/media/tvradio/tvcompanyatcentreofglobalnewsfixingrowgoesinto
administration2376943.html.
38GovtPaidUSWritersforCovertCampaign,FMTNews,March2,2013,
http://www.freemalaysiatoday.com/category/nation/2013/03/02/govtpaiduswriterstohandlecovertcampaign/.
39PublicationsActtobeAmendedtoAddressLoopholes,StarOnline,January26,2011,
40CommitteetoProtectJournalists,CPJWelcomesMalaysianReformVow,newsalert,September16,2011,
http://cpj.org/2011/09/cpjwelcomesmalaysianreformvow.php.
41JerrennLam,Malaysia:Bersih2.0RallyRattlestheGovernment,GlobalVoices,July11,2011,
http://globalvoicesonline.org/2011/07/11/malaysiabersih20rallyrattlesthegovernment/;JoshuaOngys,Statisticson
Bersih2.0RallyMalaysia9July2011,Joshuaongys,July9,2011,http://joshuaongys.com/2011/07/bersih20rallymalaysia
9july2011onlinesocialmediastatisticsyoutubefacebooktwitter/.
42JerrennLam,Malaysia:ThousandsJoinedBersih3.0Protest,GlobalVoices,April30,2012,
http://globalvoicesonline.org/2012/04/30/malaysiathousandsjoinedbersih30protest/.
43ReportersWithoutBorders,MajorProtestPromptsAttacksonJournalists,CensorshipandMissingMediaReplacedbyCivil
Society,May5,2012,http://en.rsf.org/malaisiemajorprotestpromptsattackson05052012,42567.html.
MALAYSIA

Prior to the 2013 general elections, authorities changed tactics and allowed an opposition
demonstration to go ahead without riot police. Organizers agreed to 27 conditions to obtain
approval to gather under the new Peaceful Assembly Act which opposition leaders have
criticized as a measure to restrict legitimate gatherings.44 On January 12, 2013, 100,000
Malaysians participated in a Peoples Uprising Rally championing a change in government
and various political reforms. While subsequent demonstrations were more restive, in this
case at least, both police and organizers communicated effectively to inform the public about
the event on social media.

Legal harassment remained a primary means for the authorities to intimidate critical bloggers in
2012 and 2013, with at least one blogger facing charges for criticizing the Sultan of Johor. A muchtouted legislative reform package failed to check many existing laws used against internet users, and
even amended one law to hold intermediaries liable for content posted by others. Though heavy jail
terms are unusual, that threatalong with the risk of fines for defamationstill prevents many
bloggers from taking full advantage of Malaysias dynamic online environment. While one higher
court supported Malaysiakinis right to a license to expand to print form, another decision
disappointed internet freedom activists when a judge determined that the 2010 detention of a
cartoonist and blogger was lawful. The May 2013 election also had an impact on user rights, as
opposition news websites faced cyberattacks, and a list of candidates circulating online was
discovered to contain spyware.
Malaysias constitution provides citizens with the right to freedom of speech and expression, but
allows for limitations on this right. The government exercises tight control over online media
along with print and broadcast mediathrough restrictions on licensing and the use of laws
including the Official Secrets Act and the Sedition Act. Violations of these laws are punishable by
fines and several years in prison.
The government has also pursued prosecutions based on the CMAs broadly worded section 211,
which bans content deemed indecent, obscene, false, threatening, or offensive, and Section 233,
when such content is shared via the internet.45 Defamation is a criminal offence under sections 499520 of Malaysias penal code.46 Media outlets benefit from stronger privileges under the
Defamation Act 1957 if they can prove allegedly libelous content is accurate and was published
without malice;47 lacking this protection, bloggers risk punitive damages.
44100,000ThrongStadiumMerdekafor'Uprising'Rally,Malaysiakini,January12,2013,
http://www.malaysiakini.com/news/218741;HumanRightsWatch,Malaysia:BackslidingonRights,pressrelease,February
1,2013,http://www.hrw.org/news/2013/02/01/malaysiabackslidingrights.
45OpenNetInitiative,CountryProfileMalaysia.
46BhagSingh,CriminalOffence,StarOnline,July29,2008,http://bit.ly/1hfKwhc.
47AbdulLatiffAhmadetal.,RegulatingBlogsinMalaysia,TheInnovationJournal:ThePublicSectorInnovationJournal,Vol.
16(3),2011,http://www.innovation.cc/scholarlystyle/latiff_ahamad_regulating_malasian_blogs16v2i11a.pdf.
MALAYSIA

In April 2012, several important changes were made to the legal framework surrounding freedom
of expression and national security. In the years most troubling development, parliament passed an
amendment to the 1950 Evidence Act that holds intermediaries liable for seditious content posted
anonymously on their networks or websites.48 This would include hosts of online forums, news
outlets, and blogging services, as well as businesses providing Wi-Fi services.49 The amendment
also holds someone liable if their name is attributed to the content or if the computer it was sent
from belongs to them, whether or not they were the author.50 The legal change was pushed
through hurriedly, but garnered significant public backlash after its passage, including online
petitions; this failed to prevent it going into effect in July 2012.51
At the same time, the Internal Security Actwhich allowed for infinitely renewable detentions
without trial and had been used to hold bloggers,52was abolished and replaced by the Security
Offenses (Special Measures) Act (SOSMA). The new law provides several improved protections to
detainees, requiring police to immediately inform a detainees family and reducing the maximum
amount of time they can hold a suspect without charge or trial.53 It also includes a provision
explicitly stating that no person shall be arrested and detainedsolely for his political belief or
political activity.54 Despite these improvements, the law also includes restrictive provisions absent
in its predecessor. For example, it grants wide-ranging powers for the public prosecutorand in
emergency situations, the policeto intercept communications without the need for a court order
in cases involving security offenses.55
The government also made changes to the penal code that could allow for punishment of political
speech by classifying ill-defined activity detrimental to parliamentary democracy as a criminal
offence. Civil society groups fear this could render criticism of government officials or policies
punishable with jail time, although the law minister said the provision would only apply to violent
activities.56 Meanwhile, the legislative revisions failed to check other problems, like the use of
sedition and official secrets charges to harass bloggers and internet users.
No bloggers were serving long-term jail sentences in 2013, though Malaysian authorities have a
history of criminally prosecuting online content producers. Police charged at least eight internet
48EvaGalperin,ThisWeekinInternetCensorship:PointssystemforWeibo,ActivistReleasedinBahrain,Censorshipin
Malaysia,Ethiopia,andMore,ElectronicFrontierFoundation,May31,2012,https://www.eff.org/deeplinks/2012/05/week
internetcensorshippointssystemweiboactivistreleasedbahraincensorship.
49TeohElSen,PakatanSeekstoHaltNewEvidenceAct,FreeMalaysiaToday,June28,2012,
http://www.freemalaysiatoday.com/category/nation/2012/06/28/pakatanseekstohaltnewevidenceact/.
50ParliamentofMalaysia,ActtoamendtheEvidenceAct1950,2012,
http://www.parlimen.gov.my/files/billindex/pdf/2012/DR162012E.pdf.
51A.Asohan,GovtStealthilyGazettesEvidenceActAmendment,LawisNowinOperation,DigitalNewsAsia,August8,2012,
http://www.digitalnewsasia.com/digitaleconomy/govtstealthilygazettesevidenceactamendmentlawisnowinoperation.
52MalaysiaDetains'Dissent'Writer,BBCNews,September23,2008,
http://news.bbc.co.uk/2/hi/asiapacific/7630789.stm.
53ParliamentofMalaysia,SecurityOffences(SpecialMeasures)Act2012,
http://www.parlimen.gov.my/files/billindex/pdf/2012/DR152012E.pdf.
54SecurityOffences(SpecialMeasures)Act2012.
55SecurityOffences(SpecialMeasures)Act2012.
56ShahanaazHabib,AMatterofTrialandError,StarOnline,April22,2012,
MALAYSIA

users for criticism of the monarchy in 2009,57 and questioned others.58 Many prosecutions were
dropped, but at least one defendant elected to pay a fine of RM10,000 ($ 2,700) rather than face
the threat of trial.59 Legal proceedings can be lengthy and uncertain, regardless of the outcome.
Police continue to investigate Raja Petra Kamarudin, founder of the Malaysia Today blog, who fled
into exile in 2009 to avoid sedition charges and continues to criticize the administration from
overseas.60 Sedition charges against another blogger, Khairul Nizam Abdul Ghani, dating from 2010
comments about the late Sultan of Johor, were only abandoned in June 2012.61
While the use of sedition laws against internet users declined in 2011,62 police detained two critics
of Johors new Sultan on the charge in 2012. One Facebook user was arrested in November 2012
for posts considered insulting to the Sultan. When a judge declined to extend his remand after
three days, police released and immediately rearrested him; he later told journalists he was
questioned in solitary confinement for a total seven days before being released without charge.63 In
July, police briefly detained Syed Abdullah Syed Hussein al-Attas, who blogs pseudonymously as
Uncle Seekers, also on allegations that 64 of his posts insulted the Sultan under the Official
Secrets Act.64 Charges against him are still pending.
Politically-motivated defamation suits seeking damages disproportionate to the offense have
become another threat to online expression since a landmark 2007 blogger prosecution by a
government-linked newspaper.65 In August 2012, a Kuala Lumpur court sentenced blogger and
opposition Peoples Justice Party member Amizudin Ahmat to three months in jail for breaking a
gag order relating to Dr. Rais Yatim, Malaysias information and culture minister, resulting from
one such case. In 2011, Ahmat was ordered to pay MYR 300,000 ($97,000) in damages for falsely
57InternationalFreedomofExpressioneXchange,GovernmentHoundsBloggersThatCriticiseRoyalty,newsalert,
March25,2009,http://www.ifex.org/malaysia/2009/03/25/government_hounds_bloggers_that/.
58CentreforIndependentJournalism,DebateonRoyalPowersDrawsAttacksandThreats;BloggersAhiruddinAttanandJed
YoongQuestionedbyPolice,viaInternationalFreedomofExpressioneXchange,March4,2009,
http://www.ifex.org/malaysia/2009/03/04/capsule_report_debate_on_royal/.
59CentreforIndependentJournalism,SixPeopleChargedwithInsultingRoyaltyOnline,InternationalFreedomof
ExpressioneXchange,March16,2009,http://www.ifex.org/malaysia/2009/03/16/six_people_charged_with_insulting/.
60TehEngHock,RajaPetraCantBeTriedinBritain,StarOnline,May26,2010,
http://thestar.com.my/news/story.asp?file=/2010/5/26/nation/6340987&sec=nation.K.Kabilan,RPK:1MalaysiaWillBe
NajibsDownfall,FreeMalaysiaToday,May25,2010,http://politicalwatchmalaysia.blogspot.com/2010/05/rpk1malaysia
willbenajibsdownfall.html;PerkasaMakesPoliceReportAgainstRajaPetra,MalaysiaToday,January7,2010,
http://malaysiatoday.net/mtcolumns/newscommentaries/29452perkasamakespolicereportagainstrajapetra.
61MalaysianBloggerChargedwithInsultingDeadSultan,ChinaPost,January31,2010,
http://www.chinapost.com.tw/asia/malaysia/2010/01/31/243065/Malaysianblogger.htm;SarbanSingh,Bloggerpleadsnot
GuiltytoInsultingJohorRoyals(Update),StarOnline,January29,2010,
62Onlyonebloggerwasheldfor24hoursinMarch2011.See,BloggerArrestedatMidnightUnderSeditionAct,Malaysia
Today, March 19, 2011, http://malaysiatoday.net/mtcolumns/fromaroundtheblogs/38903bloggerarrestedatmidnight
underseditionact.
63G.Vinod,PASMember:IDidNotThreatentoKillSaiful,FreeMalaysiaToday,May19,2010,
http://www.freemalaysiatoday.com/fmtenglish/news/general/5771pasmemberididnotthreatentokillsaiful;NereaRial,
MalaysianArrestedOverFacebookInsults,NewEuropeOnline,November5,2012,
http://www.neurope.eu/article/malaysianarrestedoverfacebookinsults;SusanLoone,AhmadSubjectedtoDailyGrillingof
89Hours,Malaysiakini,November10,2012,http://www.malaysiakini.com/news/213941.
64CommitteetoProtectJournalists,InDetainingBlogger,MalaysiaInvokesSecretsAct,newsalert,July11,2012,
http://www.cpj.org/2012/07/indetainingbloggermalaysiainvokessecretsact.php.
65SoonLiTsin,BloggersSuedforDefamation,Malaysiakini,January18,2007,http://www.malaysiakini.com/news/62257.
MALAYSIA

accusing the minister of criminal actions in a blog post, even though he subsequently deleted and
apologized for the content. An appeals court reduced additional costs Ahmat was required to pay
for related legal expenses but upheld the ruling, which included an order not to blog further about
the minister.66 When Ahmat ignored this order in eleven subsequent articles, the high court found
him in contempt; the jail term was deferred pending appeal. A suit brought by an opposition
parliamentarian was less successful. In 2012, Nga Kor Ming sought 10 million MYR ($3,200,000)
in damages over corruption allegations made by Ahmad Sofian Yahya on the blog Sekupangdua.
Though Nga withdrew the claim, the blogger countersued when articles on the politicians website
implied the court had ruled in Ngas favor; he, too, withdrew the suit.67
Another 2012 high court ruling disappointed free expression advocates. In September 2010, police
arrested cartoonist Zulfiklee Anwar Ulhaque, better known as Zunar, and seized newly-published
volumes of his cartoonsincluding many previously published on his blogdeemed insulting to
the prime minister and his deputy. After they released him without charge,68 Zunar and his
publishing house sued the government for unlawful detention and loss of income.69 In a ruling that
missed the point that satirical content should not be criminalized, a judge ruled in July 2012 that
the arrest was lawful, though confiscating the books was not.70
A small number of other criminal cases have involved religion.71 One in particular may contribute
to Malaysias global reputation for negative intervention in online freedom of expression issues: In
2012, the authorities stopped Saudi Arabian journalist Hamza Kashgari at a Malaysian airport en
route to seek asylum in New Zealand after his online comments about the Prophet Mohammed
attracted death threats and government harassment in his own country.72 Although his lawyer said
he had filed a court injunction to prevent Kashgari from being deported, Malaysian authorities sent
him home, saying they did not receive it in time.
Real-name registration is not required for participation in in Malaysias blogosphere, nor is it
required to use a cybercafe. Civil society groups have successfully resisted tentative efforts to
implement registration, such as the 2011 Computing Professionals Bill that, if passed, would have
66InternationalFreedomofExpressioneXchange,OppositionBloggerOrderedtoPayExorbitantDamagestoMinister,news
alert,July22,2011,http://www.ifex.org/malaysia/2011/07/22/amizudin_defamation_suit/;http://en.rsf.org/malaysia
oppositionbloggerorderedtopay20072011,40659.html.
67BloggerSuesDAPsNgaforDefamation,September22,2012,Bernama,viaMalaysianInsider,
http://www.themalaysianinsider.com/litee/malaysia/article/bloggersuesdapsngafordefamation/.
68MalaysianCartoonistGoesintoHidingAfterSeditionArrest,RFIEnglish,September28,2010,
http://www.english.rfi.fr/asiapacific/20100928malaysiancartoonistgoeshidingafterseditionarrest.
69K.Pragalath,PartialVictoryforCartoonistZunar,FreeMalaysiaToday,July31,2012,
http://www.freemalaysiatoday.com/category/nation/2012/07/31/partialvictoryforcartoonistzunar/;TomSpurgeon,CR
HolidayInterview#7:Zunar,ComicsReporter,December27,2010,
http://www.comicsreporter.com/index.php/cr_holiday_interview_7_zunar/.
70ReportersWithoutBorders,CourtsRulingonCartoonistsSuitSetsDisturbingPrecedentforMediaFreedom,July31,
2012,http://en.rsf.org/malaisiecourtsrulingoncartoonists31072012,43134.html.
71InAugust2010,therightwinggroupPerkasalodgedacomplaintagainstbloggerHelenAngforauthoringanarticlethat
questionedthepositionofIslaminMalaysia;asof2013,thecasewasstillpending,butobserversfeltitwasunlikelythe
attorneygeneralwouldpursueit.PerkasaLodgesReportAgainstBlogger,MalaysianInsider,August9,2010,
http://www.themalaysianinsider.com/malaysia/article/perkasalodgesreportagainstblogger/.
72CommitteetoProtectJournalists,MalaysiaDeportsSaudiArabianColumnist,newsalert,February13,2012,
http://www.cpj.org/2012/02/malaysiadeportssaudiarabiancolumnist.php.
MALAYSIA

required IT professionals working on Critical National Information Infrastructure projects to
register with a government-appointed board.73 Responding to critics, the Ministry of Science,
Technology, and Innovation said that registration would be voluntary, and the bill never made it to
parliament.74 Beginning in 2007, all mobile phone owners, including the roughly 18 million
customers using prepaid service at the time, were required to register as part of an effort to
decrease rumor mongering. 75 The rule appears to have been weakly enforced.
The extent of government surveillance of ICT content is not known, but privacy protections are
generally poor in Malaysia.76 In 2008, the MCMC formed a panel composed of representatives
from the police, the attorney generals office, and the Home Ministry to monitor websites and
blogs. Although it still appears to be active, it has not publicly intervened in internet freedom
issues. Court documents indicate that police regularly gain access to the content of text messages
from telecommunications companies, sometimes without judicial oversight. A 2011 government
initiative to provide free email accounts to all citizens over the age of 18 prompted fears it would
expand the governments ability to monitor peoples online activities.77 The project, which was
designed to offer an authenticated online identity through which the people can securely carry out
their transactions with the government, had only 23,000 subscribers by March 2013.78 SOSMA,
which allows for the interception of communications without a judicial order in poorly-defined
security investigations, also contains scope for abuse.79
The Malaysian Personal Data Protection Act 2010, which regulates the processing of personal data
in commercial transactions, came into effect on January 1, 2013. The law makes it illegal for
commercial organizations to sell personal information or allow third parties to use it, with penalties
up to RM100,000 ($ 27,400) or one year imprisonment. Federal and state governments are
exempted from the law, as is data processed outside Malaysia.80
In March 2013, the University of Toronto-based research group Citizen Lab reported detecting
software known as FinFisher, described by its distributor Gamma International as governmental IT
intrusion and remote monitoring solutions, on 36 servers worldwide, including one in Malaysia.81
73LimYungHui,MalaysianITCommunityResponsetoBoardofComputingProfessionalsMalaysiaBill2011:Wheresthe
Beef?,Forbes,December12,2011,http://www.forbes.com/sites/limyunghui/2011/12/12/malaysianitcommunityresponse
toboardofcomputingprofessionalsbill2011wheresthebeef/;VijandrenRamadass,ComputingProfessionalsBill2011
Draft,Lowyat,December9,2011,http://www.lowyat.net/v2/index.php?option=com_content&task=view&id=5800&Itemid=2.
74MCA:ComputingProfessionalsBillWillStifleTalentGrowth,NewStraitsTimes,December21,2011,
http://www.nst.com.my/latest/mcacomputingprofessionalsbillwillstifletalentgrowth1.22120.
75Dec15RegistrationDeadlineStays:MCMC,Bernama,August18,2006,
http://www.bernama.com/kpdnhep/news.php?id=214811&lang=en.
76PrivacyInternational,PrivacyinAsia:FinalReportofScopingProject,November2009,
https://www.privacyinternational.org/issues/asia/privacy_in_asia_phase_1_report.pdf.
77RebekahHeacock,Malaysia:GovernmentsFreeEmailPlanMetwithOpposition,OpenNetInitiative(blog),April26,2011,
http://opennet.net/blog/2011/04/malaysiagovernmentsfreeemailplanmetwithopposition.
78EconomicTransformationProgrammeReport2012,187.
79
MickeySpiegel,SmokeandMirrors:MalaysiasNewInternalSecurityAct,AsiaPacificBulletin,no.167,EastWestCenter
(June2012),http://www.eastwestcenter.org/publications/smokeandmirrorsmalaysiasnewinternalsecurityact.
80BarryOoi,HowthePersonalDataProtectionActImpactstheMarketResearchIndustry,December29,2012,
http://biz.thestar.com.my/news/story.asp?file=/2012/12/29/business/12511744&sec=business.
81MorganMarquisBoireetal.,YouOnlyClickTwice:FinFishersGlobalProliferation,CitizenLab,March13,2013,
https://citizenlab.org/2013/03/youonlyclicktwicefinfishersglobalproliferation2/.
MALAYSIA

The software potentially allows the server to steal passwords, tap Skype calls, or record audio and
video without permission from other computers, according to Citizen Lab, which noted that the
presence of such a server did not prove who was running it. The same month, the Malaysian Insider
documented Fin Fishers presence in Malaysia, based on a New York Times report.82 In response, the
MCMC launched an investigation into the report, which it described as speculative and illresearched, and threatened the site with a fine of up to RM 50,000 ($15,200) or one year
imprisonment for false reporting under the CMA. No charges have been reported against the
website or its staff. In May, however, Citizen Lab reported they had further identified a Malaysian
election-related document they characterized as a booby-trapped candidate list containing
surveillance spyware.83 Because the spyware is only marketed to governments, it is reasonable to
assume that some government actor is responsible, the group concluded.
Physical violence, though less extreme than in many neighboring countries, still affects journalists
reporting for traditional media in Malaysia, and their online colleagues are not immune: a
Malaysiakini photojournalist was among several who reported security forces obstructing and
beating them on the sidelines of the political rally Bersih 3.0.84
A graver threat to independent online news outlets and some opposition-related websites is
distributed denial-of-service (DDoS) attacks, which force sites to crash by overloading the host
server with requests for content, often at moments of political importance. Some observers believe
such attacks are either sponsored or condoned by Malaysian security agencies, since they often align
with government priorities. In March 2013, the new U.K.-based online radio station Free Malaysia
Radiowhich promised listeners content prohibited in traditional mediasuffered DDoS attacks
during its first program, an interview with opposition leader Anwar Ibrahim.85 The online radio
portal was inaccessible for some days. Malaysiakini, which has endured 35 DDoS attacks, was one of
many sites reporting on the opposition which was subjected to an apparently coordinated assault in
April 2013 before the elections.86
82Thecontestedreport:BooSuLyn,MalaysiaUsesSpywareAgainstOwnCitizens,NYTReports,MalaysianInsider,March
14,2013,http://www.themalaysianinsider.com/malaysia/article/MalaysiausesspywareagainstowncitizensNYTreports.The
originalNewYorkTimesreport:NicolePerlroth,ResearchersFind25CountriesUsingSurveillanceSoftware,NewYorkTimes
(blog),March13,2013,http://bits.blogs.nytimes.com/2013/03/13/researchersfind25countriesusingsurveillancesoftware/.
83ShortBackground:CitizenLabResearchonFinFisherPresenceinMalaysia,CitizenLab,May2013,
https://citizenlab.org/wpcontent/uploads/2013/05/shortbgmalaysia1.pdf.
84 Committee to Protect Journalists, Journalists Assaulted, Detained During Rally in Malaysia, April 30, 2012,
http://www.cpj.org/2012/04/journalistsassaulteddetainedduringrallyinmal.php.
85NewRadioStationUnderDDOSAttack,FreeMalaysiaToday,March26,2013,
http://www.freemalaysiatoday.com/category/nation/2013/03/26/newradiostationunderddosunderattack/.
86HumanRightsWatch,Malaysia:Violence,CyberAttacksThreatenElections,May1,2013,
http://www.hrw.org/news/2013/05/01/malaysiaviolencecyberattacksthreatenelections.Seealso,ShawnCrispin,Internet
OpeningisShrinking,AttacksonthePress,CommitteetoProtectJournalists(Wiley:NewYork,February2013),
http://cpj.org/2013/02/attacksonthepressinternetopeningisshrinking.php.
MALAYSIA
MEXICO
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
11
11
15
37
11
10
17
38


A civil society coalition successfully lobbied for freedom of access to the internet to be
guaranteed as a right under the Mexican constitution (see OBSTACLES TO ACCESS).
In 2012 and 2013, Mexico continued to be one of the most hostile environments in the
world for journalists and bloggers, who were subject to retaliatory violence from drug
cartels and organized crime (see VIOLATIONS OF USER RIGHTS).
A new telecommunications bill was approved by the Senate on April 30, 2013, and
offers the potential to increase ICT competition and affordability once implemented
(see OBSTACLES TO ACCESS).
In October 2012, two contributors to digital newspaper e-consulta were kidnapped and
robbed by Tlaxcala state police. In April 2013, retaliatory defamation cases were
leveled against five others associated with the site (see VIOLATIONS OF USER RIGHTS).
Evidence of widespread surveillance, including the real-time warrantless recording of
citizens phone calls, came to light in 2012 after secret government documents were
made public (see VIOLATIONS OF USER RIGHTS).
MEXICO

INTRODUCTION
Internet penetration in Mexico has experienced dramatic growth since the first connection was
established in February 1989; however, the majority of the population still lacks affordable access,
an issue that is particularly pronounced in rural areas. Such disparity is largely due to infrastructural
deficiencies and high prices exacerbated by the concentrated ownership of the telecommunications
sector in the hands of a few influential companies. A recently approved telecommunications bill
intended to combat monopolization, however, is expected to result in increased competition and
affordability. Further legislation that began as a citizen initiative in January 2013 also resulted in the
inclusion of a provision in the Mexican Constitution guaranteeing access to the internet as a civic
right. Although this is a significant development, as of yet there is no secondary legislation defining
exactly how the government will guarantee this right in practice.1
Although positive legislation pertaining to communications was recently passed, in 2012,
documents were leaked detailing pervasive surveillance technologies used by the Mexican
government. The real-time, warrantless recording of citizens phone calls, along with interception
of email, text messages, and other personal communications were among the more concerning
provisions of the governments surveillance procedures.
Mexico still ranks as one of the most dangerous climates in the world for journalists. While
widespread intimidation, threats, violence, and self-censorship were historically limited to
traditional media, writers for critical websites and narcoblogs have been victim to increasing
harassment, cyberattacks, physical violence, and murder as their reporting has gained prominence.
Recent legislation pertaining to the protection of journalists marks an important departure from
Mexicos historical record of impunity for attackers; however the real world impact of such
legislation remains to be seen.
Between May 2012 and April 2013, Mexico was witness to at least one forced disappearance
related to online content, as well as three retaliatory murders for online journalism. In early 2013,
threats against online media reporting on high-risk security situations allegedly extended to a
bounty of 600,000 pesos ($47,000) for information relating to the identification of the
administrator of high profile site Valor por Tamaulipas.
Despite such threats, online forums such as social-networking site Facebook and microblogging
platform Twitter have emerged as tools for civil society activism and mobilization. A network of
regional sites including Valor por Tamaulipas has had some success in warning citizens of safety
concerns and cartel violencecoverage that is particularly timely given a recent decision by some
state governments to avoid reporting on violence in official media.
EmailinterviewwithJorgeLuisSerra,KnightInternationalJournalismFellow,reporter,editor,anddigitalexpert,aswellas
theauthorofinternetplatformsallowingcitizenstoreportandtrackcrimeinMexico;InternetparaTodosMexico,
http://internetparatodos.mx.
MEXICO

Social networks are also increasingly used for political activism in Mexico. In May 2012, the video
sharing site YouTube was instrumental in the mobilization of the YoSoy132 movement, which
gained traction on Facebook and Twitter, resulting in nationwide protests concerning free elections
and free speech.
OBSTACLES TO ACCESS
Internet penetration in Mexico has increased significantly over the past decade, growing from
approximately 5 percent in 2000 to 38.4 percent in 2012.2 This figure is low for a country with
Mexicos level of economic development; however, experts anticipate that penetration will reach
65 percent by 2014, a figure predicated in large part on the growing prevalence of smart phones.3 If
actualized, such a projection would bring Mexico into the range of its peers in the Organization for
Economic Cooperation and Development (OECD).4
In recent years, growth among household penetration rates has progressed more slowly than other
points of internet access, such as mobile and office connections; a reality due in part to the fact that
only 30 percent of Mexican homes have computers. As of August 2012, household internet access
was reported to have grown a slight 2.3 percent from 2011 figures, increasing to 23.3 percent.5
Technological advancement in Mexico remains uneven, with 11 million of the countrys
approximately 40.6 million internet users concentrated in Mexico City and other urban areas.
According to the National Institute of Geography and Statistics (INEGI), in urban areas, landline
coverage hovers around 50 percent, while in rural areas this figure drops to 25 percent.6
Such limited connectivitycombined with high subscription feeshas resulted in a relatively small
percentage of internet users with broadband access. This figure has enjoyed modest growth in
2
InsitutoNacionaldeEstadiciayGeografiaandComsionFederaldeTelecomunicaciones,BoletindePrensaNumero270/12,
pressbulletin,August2,2012,
http://www.inegi.org.mx/inegi/contenidos/espanol/prensa/boletines/boletin/comunicados/especiales/2012/agosto/comunica
1.pdf.Seealso,InternationalTelecommunicationUnion,Statistics:PercentageofIndividualsUsingtheInternet,20002012,
June17,2013,http://www.itu.int/en/ITUD/Statistics/Documents/statistics/2013/Individuals_Internet_20002012.xls;World
InternetProject,Estudio2012deHabitosyPercepcionesdelosMexicanossobreInternetyDiversasTecnologiasAsociadas
[2012StudyoftheHabitsandPerceptionsofMexicansRegardingtheInternetandOtherAssociatedTechnologoies],2012
Report,http://www.scribd.com/fullscreen/110836917?access_key=key23sx28wav3vk306badtz.
3
WorldInternetProject,Estudio2012deHabitosyPercepcionesdelosMexicanossobreInternetyDiversasTecnologias
Asociadas.
4
TheaveragepenetrationrateinOECDcountries,asdefinedbyhouseholdswithinternetaccess,wasmeasuredat74.9percent
in2011.See,OECDKeyICTIndicators,File6b,http://www.oecd.org/internet/broadband/oecdkeyictindicators.htm;Azteca
Noticias,PenetraciondeInernetenMexicoesBaja:Amipci[InternetPenetrationinMexicoisStillLow:Amipci],May7,2012,
http://www.aztecanoticias.com.mx/notas/tecnologia/110807/penetraciondeinternetenmexicoesbajaamipci.
5
INEGI,PenetraciondeInternetenMexico[InternetPenetrationinMexico],August2012,
http://www.inegi.org.mx/inegi/contenidos/espanol/prensa/boletines/boletin/comunicados/especiales/2012/agosto/comunica
1.pdf;GabrielSosaPlata,LaPenetraciondeInternetenMexico[InternetPenetrationinMexico],MexicanCommunication
Magazine,August18,2011,http://mexicanadecomunicacion.com.mx/rmc/2011/08/18/lapenetraciondeinterneten
mexico/#axzz1jqEkt6lM.
6
Ofthe30.6millionusersovertheageofsix,anestimated25.6millionliveinurbanareas.MexicanInternetAssociation,
AMIPCI2009ReportonInternetUsersHabits[inSpanish],May2010,
http://www.amipci.org.mx/estudios/temp/Estudiofinalversion11100198933001274287495OB.pdf(sitediscontinued).
MEXICO

recent years, however, increasing by 5.2 percent between June and December 2012. 7 Mexico now
counts 11.6 broadband subscribers per 100 inhabitants. By comparison, the average for OECD
countries is 26.3.8 As evidenced by the aforementioned figures, broadband service in Mexico,
which ranges from 389 pesos ($30) to 599 pesos ($78) per month, compared to a minimum
monthly wage of 1,770 to 1,860 pesos ($114 to $126) depending on location, still remains out of
reach for many Mexicans.9
Cybercafes, which are generally easy to access in small cities and tourist destinations, offer a more
affordable means of accessing the internet than do home subscriptions. Accordingly, as of May
2012, 54 percent of internet users reported accessing the web outside their homes.10 Rates for
internet access at cybercafes, which are not bound by special restrictions and require only a regular
business license for operation, range from 10 to 15 pesos ($0.77 to $1.15) per hour.11
Mexicos mobile phone sector is primarily controlled by six private companies, however America
Movil, owned by Mexican billionaire and worlds richest man Carlos Slim Helu, which counts both
Telmex and Telcel as subsidiaries, dominates the information and communication technologies
(ICT) landscape with 80 percent of landline subscriptions and 70 percent of the wireless market.12
Top competitors Axtel and Movistar account for only 6 percent of fixed lines and 20 percent of
wireless connections, respectively.13 According to the Federal Commission of Telecommunications
(COFETEL), mobile phone access is significantly more widespread in Mexico than internet use,
with 96.7 million subscribers, or 87 percent of the population, as of the end of 2012,14 a figure that
has been projected to increase to 100 percent by 2014.15
Such accelerated growth is due in part to a recent drop in prices for mobile phone use,16 increasing
availability of smartphones, and promotions that narrow the price gap between basic phones and
OECD,FixedandWirelessBroadbandSubscriptionsper100InhabitantsandYearlyPenetrationIncrease,inOECD
BroadbandStatistics,See:(1)and(2)OECD,updatedJuly18,2013,
http://www.oecd.org/internet/broadband/oecdbroadbandportal.htm#Services_and_speeds.
8
OECD,FixedandWirelessBroadbandSubscriptionsPer100Inhabitants.;OECD,OECDReviewofTelecommunicationPolicy
andRegulationinMexico,(OECDPublishing:2012),http://www.oecd.org/sti/broadband/50550219.pdf.
9
OECD,FixedBroadbandBasketPrices,OECDBroadbandStatisticsupdatedJuly18,2013,
http://www.oecd.org/internet/broadband/oecdbroadbandportal.htm#Services_and_speeds;Misalario,MexicoSalarios
Minimos[MinimumWageinMexico],modifiedNovember27,2012,http://bit.ly/18eV6D2.
10
MexicanInternetAssociation,AMIPCI2010ReportonInternetUsersHabits[inSpanish].
11
WhyanInternetCafIsStillGoodBusinessinMexico,InternetCafes(blog),July1,2010,
http://internetcafes.com.mx/2010/07/porqueuncafeinternetaunesbuennegocioenmexico/(subscriptionrequired).
12
SusanCrawford,MexicosLuckytoHaveJustOneManBlockingInternetEquality,WeveGotaBunch,Wired,May13,
2013,http://www.wired.com/opinion/2013/05/whenitcomestointernetaccessandcostwerejustlikemexico/;Henry
Lancaster,MexicoMobileMarketInsights,StatisticsandForecasts,BuddeComm,lastupdatedJuly4,2012,
http://www.budde.com.au/Research/MexicoMobileMarketInsightsStatisticsandForecasts.html.
13
DoliaEstevez,U.S.GovernmentPutsPressureonCarlosSlim,MexicosTelecomSectortoOpenuptoCompetition,Forbes,
April1,2013,http://onforb.es/14AIypz.
14
AlcanzaMexico87%dePenetracionenTelefonicaCelular:Cofetel[MexicoReaches87%PenetrationinMobilePhones:
COFETEL],Milenio,August,27,2012http://www.milenio.com/cdb/doc/noticias2011/d0c48fff2e2b7bc219046de523e53ff9.
15
AriadnaCruz,LaTelefoniaMovilSiguealAlzaenMexico[MobileLinesStillGrowinginMexico],ElUniversal,November14,
2011,http://www.eluniversal.com.mx/finanzas/91029.html.
16
InMay2011,COFETELorderedtelecomfirmstoreduceinterconnectionfeesbetweenlandlinesandmobilephonestoamore
affordablelevel.Thefeesweredroppedto0.39pesos($0.03)formobilephones.Thedecisionwaslateraffirmedbythe
MEXICO

smartphones.17 As of August 2012, industry insiders estimated that 17 million (approximately 17.5
percent) of the countrys 96.7 million mobile phones were smartphones.18 In 2013, the number of
smartphones in Mexico is expected to increase by approximately 40 percent, a figure that would
make Mexico the second largest smartphone market in Latin America after Brazil and the tenth
largest in the world.19
While Mexicos embrace of both smartphones and mobile internet has been enthusiastic, its
investment in telecommunications is the lowest of any OECD nation; its adoption of high speed
internet is consequently also low compared to other OECD members.20 Under the 2009 Law for
the Development of an Information Society, former President Felipe Caldern addressed Mexicos
serious gaps in internet access by explicitly providing responsibility for the development of ICTs to
the State.21 In May 2010, the Department of Communications and Transportation announced an
investment of 1.5 billion pesos ($115.5 million) to extend internet access to neglected regions
deemed unprofitable by private companies.22 Such access was to be facilitated via the creation of a
national network of fiber-optic cables in conjunction with allowances for third parties to offer
internet services.23 Nearly three years later, however, achievements have been marginal, as
evidenced by the statistics cited above.24
In January 2012, the OECD published a report recommending quick legal and regulatory reforms
in order to boost competition and investment in Mexicos ICT sector.25 In March 2013, only four
months into his six-year term, President Enrique Pea Nieto introduced a substantial
telecommunications reform bill. Approved without delay by the House and passed 108 to 3 in the
Senate in late April 2013, the reform marks a notable change in the governments attitude toward
the telecommunications sector.26 Once implemented, the reform will increase competition via
SupremeCourt.See:CofetelReducesInterconnectionFees[inSpanish],RevistaOpcion,June10,2011,
http://www.revistaopcion.com/tag/demayo/.
17
MarisOlvera,Alabajapreciosdesmartphones[SmartphonePricesDecreasing],ElUniversalQuertaro,May27th,2013,
http://m.eluniversalqueretaro.mx/vidaq/27052013/labajapreciosdesmartphones.
18
InterviewwithGuillermoPerezbolde,VicepresidentofMarketing,PublicRelationsandSocialMediaatAsociacinMexicana
deInternet.
19
JulioSanchezOnofre,Mxico,MercadoTop10GlobaldeSmartphonesen2013:IDC[Mexico:TopTenGlobalMarketfor
Smartphonesin2013:IDC],ElEconomista,June11,2013,http://eleconomista.com.mx/tecnociencia/2013/06/11/mexico
mercadotop10globalsmartphones2013idc.
20
SusanCrawford,MexicosLuckytoHaveJustOneManBlockingInternetEquality,WeveGotaBunch,Wiredonline,May
13,2013,http://www.wired.com/opinion/2013/05/whenitcomestointernetaccessandcostwerejustlikemexico/.
21
SpecialCommitteeofCongressforthePromotionofDigitalAccesstoMexicans,DeLeyParaelDesarallodelaInformacion,a
CargodelosDiputadosIntegrantesdelaComisionEspecialparalaPromociondelAccesoDigitalalosMexicanosyOtros
Legisladores[BilltoPromotetheDevelopmentoftheSocietyofInformation],2009,
http://jmcane.files.wordpress.com/2009/04/leydesarrollosociedaddelainformacionmexico.pdf.
22
SCTWillInvest1.5BillionPesosfortheInternet[inSpanish],ElUniversal,June23,2010,
http://www.eluniversal.com.mx/notas/689775.html(sitediscontinued).
23
JamesThomasson,WilliamFoster,andLaurencePress,TheDiffusionoftheInternetinMexico(Austin:LatinAmerican
NetworkInformationCenter,UniversityofTexas,2002),
http://lanic.utexas.edu/project/etext/mexico/thomasson/thomasson.pdf.
24
KarolGarcia,Broadband,[inSpanish]MediaTelecomm,May2,2012,http://bit.ly/IJAKCp(sitediscontinued).
25
OECD,OECDReviewofTelecommunicationPolicyandRegulationinMexico,January30,2012,
http://www.oecd.org/document/18/0,3746,en_2649_34223_49453202_1_1_1_1,00.html.
26
AlJazeera,MexicanSenateApprovesTelecomsReformBill,AlJazeera,May1,2013,
http://www.aljazeera.com/news/americas/2013/05/2013515845225187.html;DoliaEstevez,MexicosCongressPasses
MonopolyBustingTelecomBill,ThreateningTycoonCarlosSlimsEmpire,Forbes,May1,2013,http://onforb.es/10WdzEo.
MEXICO

asymmetric regulation, forced divestment of companies with a monopoly on telecommunications,
and lightened restrictions on foreign investment.27 The reform also contains the product of
Mexicos first successful citizen initiative pertaining to legislation a provision guaranteeing all
citizens access to the internet. The provision was championed by 17 civil society organizations that
joined forces in January 2013. After gathering 127,198 signatures from constituents advocating for
freedom of internet access to be a constitutional right, the proposal was submitted to Congress.
Freedom of access to the internet is now included in Article 6 of the Mexican constitution.28
A number of other conditions contained in the bill, such as the formation of a new independent
regulatory commission known as the Federal Telecommunications Institute, (IFETEL) ensure
increased transparency of media regulation.29 Currently, two regulatory bodies oversee the
Mexican telecommunications industry: the Federal Commission of Telecommunications
(COFETEL), and the Federal Competition Commission (CFC). Neither body is vested with the
power to alter permits, order divestment, or issue fines.30 Such powers reside with a Cabinet
secretary, a position that has frequently been accused of bowing to telecommunications firms.
COFETEL, which operates with limited transparency and is not entirely independent from the
executive, has likewise been accused of being partial to special interests. The president directly
appoints COFETEL commissioners without the need for Senate approval; commissioners then
choose COFETELs president, who serves a four-year term and is subject to re-election, from their
ranks.31 While the Federal Competition Commission has a better reputation, in practice the
institution remains weak and has limited power to enforce sanctions on large companies such as
Telmex.
IFETEL, the new autonomous regulatory apparatus to be created under the telecommunications
reform, will act as an antitrust body, protecting against monopolistic practices. In addition to
issuing rulings, IFETEL will have the power to unilaterally punish non-competitive practices with
the withdrawal of corporations' licenses, the application of asymmetric regulation, and the
unbundling of media servicesstipulations that portend a sea change in the Mexican ICT
landscape.32
27
WorkingthroughaReformAgenda,Economist,April6,2013,http://econ.st/Y2t8n5.
InternetparaTodosMexico,LibreInternetparaTodos[FreeinternetforAll],accessedAugust9,2013,
http://internetparatodos.mx/.
29
JuanMontes,MexicoTelecomsReformBillAdvances,WallStreetJournal,March22,2013
30
COFETEL,ScopeofAction,[inSpanish]FederalCompetitionCommission,accessedAugust31,2010,
http://www.cofetel.gob.mx/wb/Cofetel_2008/Cofe_ambito_de_accion.
31
OCDE,ReviewQuestionsforMexicosRegulatoryReformintheTelecommunicationsSector,March22,2010,
http://bit.ly/1bhGqnX:7.
32
VctorPavnVillamayor,Ifetel,LaMayorApuestaenTelecomunicaciones,[Ifetel,TheBiggestBetinTelecommunications],
ForbesMxico,April25,2013,http://www.forbes.com.mx/sites/lamayorapuestaentelecomunicacionesifetel/;JuanMontes,
MexicoTelecomsReformBillAdvances,TheWallStreetJournal,March22,2013,http://on.wsj.com/Yt7bAG.
28
MEXICO

LIMITS ON CONTENT
Although there are significant threats to online journalists and bloggers in Mexico, including both
cyberattacks and physical violence, in 2012 and 2013 social media subscriptions sustained their
upward momentum. Internet-mediated political activism also increased and played an influential
role in both the YoSoy132 protests as well as the development and subsequent success of Mexicos
first successful civil action to amend the Constitution, a campaign that resulted in a state guarantee
of internet access for all.33 Despite significant obstacles to funding, a handful of independent news
sites covering civil society initiatives and protests continued to attract growing audiences. As
internet use grows in Mexico, however, requests from government agencies for user data and
removal of content are also on the rise.
Mexican authorities sometimes employ technical methods to filter or curb access to online content,
but aside from the sporadic application of defamation laws to content posted online, no additional
legislation yet restricts the internet as a medium for mass communication. This absence of
regulation, even on content internationally recognized as harmful, is evident from Mexicos ranking
as second worldwide in the production and distribution of child pornography.34
Although there are no laws that specifically govern online content, government agencies have been
issuing more requests for content removal and user data in recent years, as evidenced by Googles
recent transparency report.35 In 2011, Google received only one request from the Mexican
government for content removal. Between July and December 2012, the reports most recent
coverage period, the figure increased to twelve. Recent requests for removal of videos hosted on
YouTube or content posted on Blogger pertained to content which was allegedly defamatory or
critical of the government, or presented a risk to privacy and security. In most cases, Google found
that the content in question did not violate YouTubes community guidelines or local laws and
declined to remove them. Government requests for user data are also on the rise, increasing by 26
percent from December 2011 to December 2012. Despite this increase, however, Googles rate of
compliance has stayed within a narrow range over the past few years, with the company releasing
data in only 24 percent of cases.36
Although self-censorship was once largely limited to traditional journalists who faced threats of
retribution for reporting on police activity and drug trafficking, the phenomenon has been
increasing steadily among online journalists and bloggers. In 2011, as online sources of news about
33
InternetParaTodos,[InternetforAll],accessedSeptember7,2013,http://internetparatodos.mx.Theprovisionwhich
guaranteesinternetaccessasacivicrightisnowincludedinArticle6oftheConstitution.
34
ElsyLopez,Mexico,PrincipalProductordePornografaInfantilenelMundo[Mexico,TopProducerofChildPornographyin
theWorld],Milenio,June42013,http://www.milenio.com/cdb/doc/noticias2011/577409eff8ed0e4164086d202b95715e;
AngelAldaz,Mexico,GranProductordePornografiaInfantil[Mexico,aMajorProducerofChildPornography],
Periodistasenlinear,April2012,
http://www.periodistasenlinea.org/modules.php?op=modload&name=News&file=article&sid=4011.
35
Google,GoogleTransparencyReport,MexicoGovernmentRemovalRequests,
http://www.google.com/transparencyreport/removals/government/MX/?p=201112.
36
GoogleTransparencyReport,MexicoUserDataRequests,
http://www.google.com/transparencyreport/userdatarequests/MX/.
MEXICO

cartel-related violence drew increasingly larger audiences, several contributors to social networks
were brutally murdered for acting as informants on cartel activity. Violence against online
reporters has continued in recent years, and while some writers have been intimidated into silence,
there is nonetheless a dynamic community of bloggers and online journalists attempting to spread
information about cartel activity and citizen safety.37
Such courageous citizen journalism may be tempered by a recent agreement between the Federal
Security Council and some state governments to refrain from reporting on violence unless
absolutely necessary. The decision to suppress such news allegedly arose from a campaign to
decrease fears of insecurity within the country, while also promoting an international image of
Mexico as a country transitioning away from widespread violence.38 Such policies emphasize the
importance of online journalists efforts to report on the full scope of events in their communities.
In addition to the attempts of government agencies to downplay violence, online content is
reportedly also subject to manipulation by politicians with close ties to media outlets.39
Economic constraints also influence the diversity of media in Mexico. Scarce funding and lack of
interest in online advertising create challenges for individuals and nonprofits seeking to establish
sustainable online outlets in Mexico. Reliance on public advertising renders independent media
vulnerable to manipulation of content or closure due to lack of funding, although manipulation
appears to be the more widespread of the two trends. Despite such impediments, however, efforts
to develop politically oriented web portals that are financially independent have gained momentum
in recent years. El Respetable, a political website run from Jalisco, has become very influential at the
local level.40 Pijama Surf, a website dedicated to presenting diverse types of social information, has
grown drastically over the past three years, and now garners more than two million hits per month,
drawing largely on an audience between 19 and 35 years of age.41
Among the most striking examples of successful independent digital media is Animal Poltico, a
popular site which counts more followers on Facebook than any other news outlet in Mexico.42 In
order to raise revenue for the site without compromising content based on advertisers political
leanings, Animal Poltico is now practicing brand journalism, offering social media consulting and
digital content to private companies. Additional financing is derived from syndicated content and
37
AcosodelGobernadordePueblaRafaelMorenoValleContraEConsulta[HarassmentbythePueblaGovernorRafael
MorenoValleAgainstEConsulta),YouTube,October25,2011,http://www.youtube.com/watch?v=tbqGB24McG8;
InterviewwithDanielMoreno,editorofAnimalPoltico,February2012(www.animalpolitico.com).
38
SDPNoticias.com,Gobiernofederalrecomend"dosificar"datossobreviolencia:MarioAnguiano,gobernadordeColima
[FederalGovernmentRecommendedProportionateViolenceData:MarioAnguiano,GovernorofColima],SDPNoticias,Jan29,
2013,http://www.sdpnoticias.com/nacional/2013/01/29/gobiernofederalrecomendodosificardatossobreviolenciamario
anguianogobernadordecolima
39
ReportersWithoutBorders,Mexico,June4,2013,http://en.rsf.org/reportmexico,184.html.
40
InterviewwithIvabelleArroyo,DirectorofElRespetableMexicoCity,http://www.elrespetable.com/.
41
InterviewwithJuanManuelOrtegaRiquelme,foundingpartneratPijamaSurf,March,2013,www.pijamasurf.com.
42
TaniaLara,PopulareMexicanNewsSiteAnimalPoliticoSeekstoEliminateDependenceonGovernmentAdvertising,Knight
CenterforJournalismintheAmericas,JournalismintheAmericas(blog),April30,2013,
https://knightcenter.utexas.edu/blog/0013751popularmexicannewssiteanimalpoliticoseekseliminatedependence
governmentadvert.
MEXICO

private sponsorships.43 Animal Polticos approach, which appears to be unique among Mexican
media, is clearly working. In July 2012 alone, visits to the site increased from 700,000 to 2 million.
Social media sites such as Facebook, Twitter, YouTube, and international blog-hosting services are
widely used in Mexico by citizens, advocacy groups, and political parties. 44 As of September 2012,
Mexico was home to the second largest community of Facebook users in Latin America after
Braziland the fifth largest in the worldwith an estimated 38,463,860 users.45 The number of
Mexicans with Twitter accounts (a group which includes President Enrique Pea Nieto46) has also
ballooned, growing from 146,000 in February 2010 to more than 11 million in early 2013.47
Although netizens have been utilizing social media to provide critical warnings to local communities
about dangerous cartel-related situations,48 members of organized crime have also begun using such
applications to exchange information on military checkpoints. Such subversive use of social
networks has prompted calls by some Mexican politicians for increased government monitoring and
regulation, though to date no such legislation has been passed.49
In addition to their aforementioned uses, Facebook and Twitter are also growing in popularity as
forums for political commentary and mobilization, a trend which was witnessed in the lead-up to
the July 2012 general elections.50 In May 2012, students at Iberoamericana University used online
tools to assist in mobilizing protests against the potential return of the Revolutionary Institutional
Party (PRI) to the executive. Rallies were held against PRI candidate Enrique Pea Nieto (elected
43
TaniaLara,PopulareMexicanNewsSiteAnimalPoliticoSeekstoEliminateDependenceonGovernmentAdvertising,Knight
CenterforJournalismintheAmericas,JournalismintheAmericas(blog),April30,2013,
https://knightcenter.utexas.edu/blog/0013751popularmexicannewssiteanimalpoliticoseekseliminatedependence
governmentadvert.
44
OctavioIslas,AmaiaArribas,andErikaMinera,ElEmpleoPropagandisticodeInternet2.0enCampanasaPuestosde
EleccionCiudadana,EstadodeMexico,Julio2009[TheUseofWeb2.0PropagandainCampaignsforElectedOffice,Stateof
Mexico,July2009],RazonyPalabra14no.70,November2009January2010,
http://www.razonypalabra.org.mx/N/N70/Final_Argentina.pdf.
45
SocialBakers,MexicoFacebookStatistics,SocialBakers,accessedMarch9,2012,http://www.socialbakers.com/facebook
statistics/mexico.
46
DeborahEsch,Mexico:FelipeCaldernsCabinetonTwitter,GlobalVoices,April19,2011,
http://globalvoicesonline.org/2011/04/19/mexicofelipecalderonscabinetontwitter/;FelipeCoredero,Mexico:President
FelipeCaldernsTwitterUse,GlobalVoices,May19,2011,http://globalvoicesonline.org/2011/05/19/225272/;Claudia
Benassini,ElGabinetedeCaldernenTwitter[CaldernscabinetonTwitter]Raznypalabra,April2012,
http://www.razonypalabra.org.mx/caja_pandora/gabinete.html.
47
DanielMedina,TwitterenMexico,AlgunosNumeros[TwitterinMexico,SomeNumbers],Webadictos,February8,2010,
http://www.webadictos.com.mx/2010/02/08/twitterenmexicoalgunosnumeros/;DamienCave,MexicoTurnstoTwitter
andFacebookforInformationandSurvival,NewYorkTimes,September24,2011,
https://www.nytimes.com/2011/09/25/world/americas/mexicoturnstotwitterandfacebookforinformationand
survival.html?_r=1;EuropeanTravelCommission,NewMediaTrendWatch:Mexico,lastupdatedJune29,2013,
http://www.newmediatrendwatch.com/marketsbycountry/11longhaul/56mexico.
48
DamienCave,MexicoTurnstoTwitterandFacebookforInformationandSurvival,NewYorkTimes,September24,2011,
https://www.nytimes.com/2011/09/25/world/americas/mexicoturnstotwitterandfacebookforinformationand
survival.html?_r=1;MiguelCastillo,Mexico:CitizenJournalismintheMiddleofDrugTraffickingViolence,GlobalVoices,May
5,2010,http://globalvoicesonline.org/2010/05/05/mexicocitizenjournalisminthemiddleofdrugtraffickingviolence/.
49
AlexisOkeowo,ToBattleCartels,MexicoWeighsTwitterCrackdown,Time,April14,2010,
http://www.time.com/time/world/article/0,8599,1981607,00.html/r:t#ixzz0laM8OTIa.
50
KaitlynWilkins,SocialMediainMexico:5ThingsYouNeedtoKnow,OgilvyPublicRelationsWorldwide(blog),September
24,2009,http://blog.ogilvypr.com/2009/09/socialmediainmexico5thingsyouneedtoknow/.
MEXICO

to the office of president in the July elections despite the protests) to discourage the return of what
some protesters view as a monopolistic political party in cahoots with state media.51
After national news outlets downplayed the protest as merely a display by agitators sponsored by
the opposition, 131 students from the university created a video to prove that they were indeed
registered students acting independent of any political party. The non-partisan video, which
advocated for free, fair, and transparent elections as well as greater freedom of speech, was
uploaded to YouTube with the hash tag #YoSoy132 and quickly gained a large following on social
networks. The so-called Mexican Spring grew to become a national movement with thousands of
students, unionized workers, and farmers organizing peaceful regional marches. As the movement
grew, it gained recognition from the government, which allowed protestors to demonstrate.
National television channel Televisa even afforded airtime to YoSoy132.52 While the protests may
have had little impact on electoral results, many Mexicans concur that such mobilization marked an
important shift in citizen activism.

In 2012 and 2013, violations of user rights in Mexico were on the rise. As in previous years, threats
and violence from drug cartels plagued online reporters, resulting in three murders during the
coverage period. State-sponsored smear campaigns against crime reporters and unannounced
surveillance of private citizens came to light, marring the landscape of digital freedom. Although
positive legislation to safeguard journalists and NGOs was passed, weak rule of law protections at
the state level have impeded implementation.
The Mexican Constitution guarantees freedom of speech, freedom of the press, and privacy of
personal communications, however, recent reports concerning a ubiquitous state surveillance
apparatus call such protections into question. While there are no legal ramifications for online
activity other than defamation or libel, criminal defamation statutes still exist in 13 of Mexicos 32
states.53 The upper echelons of the judiciary are viewed as independent; however, state level legal
bodies have been accused of ineffectual conduct and biased behavior.
In June 2012, the Law for the Protection of Human Rights Defenders and Journalists was passed in
Mexico, effectively establishing mechanisms for the protection of media workers and NGOs.54
Among the laws provisions is a requirement that state governments work in conjunction with
51
AllisonKilkenny,StudentMovementDubbedtheMexicanSpring,TheNation,May29,2012,
http://www.thenation.com/blog/168099/studentmovementdubbedmexicanspring.
52
OctaviusRod,StudentsStarttheSoCalledMexicanSpringthroughtheMovement#YoSoy132,JusticeinMexicoProject,
May29,2012,http://justiceinmexico.org/2012/05/29/studentsstartthesocalledmexicanspringthroughthemovement
yosoy132/.
53
CommissiononHumanRights,CongressGeneraloftheUnitedStatesofMexico,GacetaParlamentaria,Nmero3757VIII,
[ParliamentaryGazette,No.3757VIII],April25,2013,
http://gaceta.diputados.gob.mx/Black/Gaceta/Anteriores/62/2013/abr/20130425VIII/DictamenaD18.html
54
LeahDanze,MexicosLawtoProtectJournalistsandHumanRightsActivistsRemainsIneffective,LAWGInternational,June
30,2013,http://www.lawg.org/actioncenter/lawgblog/69general/1219mexicoslawtoprotectjournalistsandhuman
rightsactivistsremainsineffective.
MEXICO

federal authorities to ensure that protection is effectively extended to those under threat; as of
April 2013, 27 of Mexicos 32 states had signed agreements to this effect.55 While the legislation is
promising in that it establishes a legal basis for protection and suggests an end to impunity for
attackers, to date, capacity to actualize the law has been lacking. As of March 2013, PEN
International noted that since 2006, Mexican authorities have failed to successfully prosecute 90
percent of cases.56 Media and human rights advocates are hopeful that the new legislation will shift
this troubling dynamic. A separate amendment, predicated on protecting freedom of expression,
was passed in the Senate in April 2013. If signed by the president, the amendment will grant
authority for prosecution of crimes against journalists to the federal government, marking another
positive step in the fight to protect reporters and bloggers.57
In January 2013, a coalition of seventeen civil society organizations began mobilizing online to
gather the 125,000 signatures required to present new legislation to the government. Following the
success of its online initiative, the coalition, know as Internet para Todos (internet for all) began
lobbying for the inclusion of a universal digital policy guaranteeing access to internet for all
Mexicans. The campaign, which was spearheaded by Senator Armando Rios Piter of the Party of
the Democratic Revolution (PRD), was intended to extend opportunities for education,
information, and work to all Mexicans, while also ensuring the integration of communities
previously excluded from the digital sphere due to economic hardship. The government took
notice of the coalitions efforts and in April 2013, Article 6 of the constitution was amended to
include language that guarantees access to the internet as a civic right. While secondary legislation
will be necessary to define precisely how the government will ensure this right, the constitutional
amendment is a vital first step in Mexicos digital inclusion policy.58
Online tools have gained prominence as crucial sources of public information concerning drugrelated violence, which has led local authorities to increase attempts to punish false reports that
cause public alarm. In August 2011, amidst a surge of violence in Veracruz, a schoolteacher and a
journalist tweeted about an attack on a school. In response to the resulting panic, local authorities
arrested the pair on allegations of terrorism and sabotage, which can yield punishments of up to 30
years in prison.59 A public outcry ensued over due process shortcomings and disproportionate
charges for citizens who may have been negligent in publishing unconfirmed reports but
55
PeaceBrigadesInternational,ProyectoMexico,TheImplementationoftheLawfortheProtectionofHumanRights
DefendersandJournalists,June26,2013,http://www.pbi
mexico.org/fileadmin/user_files/projects/mexico/files/Mechanism/130625BriefingMechanismPBI_EN.pdf.
56
PENInternational,AYearOn,PENInternationalRenewsitsCallforanEndtotheWaronMexicosJournalists,Writers,and
Bloggers,PENInternational,March11,2013,http://www.peninternational.org/newsitems/ayearonpeninternational
renewsitscallforanendtothewaronmexico%E2%80%99sjournalistswritersandbloggers/.
57
MikeOConnor,InMexico,aMovementandaBillagainstImpunity,CPJBlog,April26,2013,
http://cpj.org/blog/2013/04/inmexicoamovementandlawagainstimpunity.php;CommitteetoProtectJournalists,CPJ
CommendsNewMexicanLegislation,pressrelease,April25,2013,http://cpj.org/2013/04/cpjcommendsnewmexican
legislation.php.
58
RubenVasquez,LaPropuestaInternetparaTodos[ProposedInternetforAll],ForbesMexico,August1,2013,
http://www.forbes.com.mx/sites/lapropuestainternetparatodos/.
59
DanielHernandez,TerrorismChargesforTwoinMexicowhoSpreadAttackRumoronTwitter,Facebook,LATimes(blog),
September1,2011,http://latimesblogs.latimes.com/laplaza/2011/09/twittertweetsveracruzmexicoterrorismdrugwar
censorshiprumors.html.
MEXICO

demonstrated no malicious intent.60 In the midst of such controversy, the prosecutors office
subsequently dropped the charges and the two were released.
During the same month, several state congresses made changes to laws pertaining to public order
disturbances.61 In Veracruz, the approval of Ley de Perturbacin (The Disturbance Act) has
criminalized the spreading of false alarms via mobile phones or social media such that the offense
may now carry criminal charges ranging from prison terms of six months to four years and fines
equivalent to 1,000 days of wages.62 Although local attorneys raised concerns that such provisions
could be used to unnecessarily restrict freedom of expression, as of May 2013, there were no
known instances of such an occurrence.
In late 2012 and early 2013, several state governments either planned or initiated legal proceedings
against journalists and bloggers who had written critical statements about state officials. In one case,
a list was leaked to the press of journalists that were likely to be sued by the governor of Puebla; in
another instance, several online journalists were arrested for defamation. The first instance
occurred in October 2012, when a document was publicized naming nineteen journalists and
bloggers that Governor Moreno Valles administration planned to sue. Of the nineteen named
reporters allegedly guilty of engaging in an excess of freedom of expression which resulted in
moral damage to government officials, seven were online writers.63
In April 2013, Martin Ruiz Rodriguez, editor of digital newspaper e-consulta, was arrested by police
in Tlaxaca, Mexicos smallest state, and one of 13 that penalizes defamation.64 The order for arrest
came at the behest of Ubaldo Velasco, the chief clerk of Tlaxcala, who Ruiz had called mediocre in
a handful of posts on his controversial political blog.65 Ruiz is one of five contributors to e-consulta
charged with defamation, a crime punishable in Tlaxcala with fines and up to two years in prison.
60
Localmediareportedthatthepairwassubjecttopsychologicalpressuretopleadguilty.AccordingtoAmnestyInternational,
theywerealsodeniedaccesstoalawyerfor60hours.See:JavierDuarteOchoa,PersonasenRiesgodePrisionenMexicotras
PublicacionesenTwitteryFacebook[PeopleatRiskofPrisoninMexicoafterPublicationsonTwitterandFacebook],Amnesty
International,August31,2011,http://amnistia.org.mx/nuevo/2011/09/01/personasenriesgodeprisionenmexicotras
publicacionesentwitteryfacebook/.
61
ReportersWithoutBorders,AfterWastedMonthinPrison,TwoSocialNetworkUsersFreed,ChargesDropped,September
22,2011,http://en.rsf.org/mexicotwosocialnetworkusersheldon02092011,40907.html.
62
H.CongresodelEstadodeTabasco,ConstitucindelaEstadodeTobasco[ConstitutionoftheStateofTabasco],
http://www.congresotabasco.gob.mx/60legislatura/trabajo_legislativo/pdfs/decretos/Decreto%20125.pdf;Seealso:Leobardo
PerezMarin,ApruebanLeyContraRumor;CoartaraLibertades[LawApprovedAgainstRumor;FreedomsAbridged],
TabascoHoy,August31,2011,http://www.tabascohoy.com/noticia.php?id_nota=220149(accountsuspended).
63
AlvaroDelgado,GobernadordePueblaPresentaDoede19DemandascontraPeriodistas[GovernorofPueblaPresentsTwo
ofNineteenLawsuitsagainstJournalists,Proces,October23,2013,http://www.proceso.com.mx/?p=323287.
64
SinEmbargo,AtentadosalaLibertaddeExpresinAumentaron46%conEPN:Artculo19;Registra32Agresionesa
Periodistas[AttacksonFreedomofExpressionIncreased46%withEPN:Article19;Recorded32AttacksonJournalists],July1,
2013,http://www.sinembargo.mx/01072013/672263;Article19,SegundoInformeTrimestral:ReprimirlaProtesta[Second
QuarterlyReport:SuppresstheProtest],Article19,May2013,http://articulo19.org/segundoinformetrimestralreprimirla
protesta/.
65
ElviaCruz,UnPeriodistadeTlaxcalavaaJuicioporLlamaraunOficial'Mediocre'[AJournalistfromTlaxcalagoesonTrial
forCallinganOfficerMediocre'],CNNMexico,April11,2013,http://mexico.cnn.com/nacional/2013/04/11/unperiodistade
tlaxcalavaajuicioporllamaraunoficialmediocre;SDPNoticias,DetienenaMartnRuiz,DirectordePortaleconsulta
TlaxcalaporDifamacincontraFuncionarios[ArrestofMartinRuiq,DirectorofeconsultaTlaxcala,forDefamationagainst
Officials],April7,2013,http://www.sdpnoticias.com/estados/2013/04/07/detienenamartinruizdirectordeportale
consultatlaxcalapordifamacioncontrafuncionarios.
MEXICO

Although he was released hours after being detained, Ruiz will stand trial for the charges leveled
against him, which include emotional and psychological damage, at a future date.66
Four other journalists and managers of e-consulta have also been charged with defamation by state
cabinet officials in Tlaxcala: Ruiz brother, Rodolfo, Roberto Nava Briones, Gerardo Santillan, and
Arturo Tecuatl. As of May 2013, it was unclear whether criminal proceedings would be upheld or
whether the charges would be dropped.67 A few days after Ruiz arrest, Aurora Aguilar Rodriguez,
deputy general of the National Action Party (PAN), publicly denounced the efforts of the Tlaxcala
state government to censor criticism by filing criminal charges against journalists. It remains to be
seen whether Aguilars comments will influence the state government.68
This is not the first time that contributors to e-consulta have been harassed. In October 2012,
Gerardo Rojas and Jesse Brena, journalists with the digital newspaper were kidnapped by state
police in Puebla and held captive in the trunk of a police car for three hours. After taking all of their
personal belongings, including the cash they carried, they were abandoned in an empty lot in
Ciudad Judicial.69 Although such intimidation was presumably meant to inspire fear in e-consulta
reporters, the digital news outlet continued operations unabated.
Apart from a 2008 requirement that cell phone users register with the government (revoked in
2012) there are no official provisions regarding anonymity. The only regulation currently in
practice is unofficial and pertains to the safety of informants writing online about drug cartel
activity. Moderators of forums disseminating user-generated safety updates on local websites urge
writers to publish their comments anonymously in order to ensure their safety.
Despite a constitutional requirement that any interception of personal communications be
accompanied by a judicial warranta well as the 2010 passage of a law expanding the oversight
powers of the data protection authority 70reports published in 2012 allege that secret surveillance
of private citizens is widespread in Mexico.71 In July 2012, evidence was leaked (and later
66
PidiOficialMayordeTlaxcaladetencindeDirectordeeConsulta[MayorofTlaxcalaCalledforDetentionofDirectorofe
Consulta],econsulta,April7,2013,http://archivo.econsulta.com/2013/index.php/20120613184000/politica/item/pidio
oficialmayordetlaxcaladetenciondedirectordeeconsulta;JuanaOsornoXochipa,LiberanaPeriodistaDetenidoporPGJE
deTlaxcala[FreeJournalistArrestedforPGJEinTlaxcala],April7,2013,http://www.eluniversal.com.mx/notas/915260.html;
DailyDigest:MexicanStateBlocksAccesstoPolice,CourtInformation,KnightCenterforJournalismintheAmericas,April12,
2013,https://knightcenter.utexas.edu/en/blog/0013521dailydigestmexicanstateblocksaccesspolicecourtinformation.
67
Article19,Alerta:OficialMayorIntentaMeteralaCarcelaPeriodistaporDifamacion[Alert:MayorTriestoSendJournalist
toJailforDefamation],April8,2013,http://articulo19.org/mexicocriminalizacionaldirectordeperiodicodigitaleconsulta
entlaxcalaesunaagresionalalibertaddeexpresion/.
68
GerardoSantillan,PidePANenSanLazaroCessePersecucionalaPrenseenTlaxcala[InSanLazaro,PANAsksfor
PersecutionofthePresstoCeaseinTlaxcala]econsulta,April11,2013,http://archivo.econsulta.com/2013/index.php/2012
0613184000/nacion/item/pidepanensanlazarocesepersecucionalaprensaentlaxcala.
69
VctorGutirrez,DosReporteros,VctimasdePolicasDelincuentes[TwoReporters,VictimsofPoliceOffense],ElSolde
Puebla,October22,2012,http://www.oem.com.mx/elsoldepuebla/notas/n2742106.htm.
70
JeremyMittman,MexicoPassesSweepingNewLawonDataProtection,ProskauerRoseLLP,May11,2010,
http://privacylaw.proskauer.com/2010/05/articles/international/mexicopassessweepingnewlawondataprotection/.
71
BobBrewin,StateDepartmenttoProvideMexicanSecurityAgencywithSurveillanceApparatus,NextGov,April30,2012,
http://www.nextgov.com/technologynews/2012/04/statedepartmentprovidemexicansecurityagencysurveillance
apparatus/55490/.
MEXICO

confirmed by the Mexican army72) pertaining to the secret purchase of approximately $4.6 billion
pesos ($355 million) of spyware engineered to intercept online and mobile phone
communications. Such technology, which has been funded in large part by the U.S. State
Departments Bureau of International Narcotics and Law Enforcement Affairs, facilitates the realtime geolocation of callers, the storage of up to 25,000 hours of conversation, and the real-time
monitoring of packet data.73 In addition to recording conversations and gathering text messages,
email, internet navigation history, contact lists, and background sound, the surveillance software is
also capable of activating the microphone on a users cell phone in order to eavesdrop on the
surrounding environment.74
The website of the Mexican Access to Information agency (IFAI) makes no mention of this
expenditure or of the U.S. State Departments alleged assistance in the tripling of Mexicos
surveillance capacity.75 In March 2012, the Geolocalization Law, which allows the government
warrantless access to real time user location data, was passed nearly unanimously with 315 votes
in favor, 6 opposed, and 7 abstentions.76 Such opacity, which renders Mexicans unaware of the
extent to which they are being surveilled and unable to contribute to discussions concerning the
legality of using such technology on private citizens, is deeply concerning. Critics of the law warn
that it is unconstitutional and sets a worrisome precedent of warrantless surveillance.77 Corruption
and weak rule of law among state governmentsincluding the infiltration of law enforcement
agencies by organized crimealso leave room for abuse should private communications fall into
the wrong hands.
Mexico continues to be one of the most dangerous countries in the world for journalists, who are
subject to violence (often from drug cartels) for investigating a range of issues, notably those
involving the drug trade, from trafficking to corruption. This phenomenon has been exacerbated by
widespread impunity for those carrying out such attacks.78 While such violence has historically been
targeted at traditional, rather than online media, in 2011, bloggers and journalists posting
information about sensitive topics online became victims of cartel-related violence for the first
time, a worrisome trend that has continued to plague online writers.
Although online writers have attempted to protect themselves, they continued to be the target of
intimidation and violence in 2012 and 2013. In September 2012, Ruy Salgado aka El 5anto
72
RyanGallagher,MexicoTurnstoSurveillanceTechnologytoFightDrugWar,Slate,August3,2012,
http://www.slate.com/blogs/future_tense/2012/08/03/surveillance_technology_in_mexico_s_drug_war_.html.
73
RobertBeckhusen,U.S.LookstoReUpitsMexicanSurveillanceSystem,Wired,May1,2013,
http://www.wired.com/dangerroom/2013/05/mexicosurveillancesystem/.
74
KatitzaRodriguez,MexicansNeedTransparencyonSecretSurveillance,ElectronicFrontierFoundation,July24,2012,
https://www.eff.org/deeplinks/2012/07/mexicansneedtransparencysecretsurveillancecontracts;Cryptome,U.S.
DepartmentofStateContract58,CommunicationsInterceptSystemMexico,http://cryptome.org/2012/06/usmxspy.pdf.
75
RobertBeckhusen,U.S.LookstoReUpitsMexicanSurveillanceSystem,Wired,May1,2013,http;KatitzaRodriguez,
MexicansNeedTransparencyonSecretSurveillance,ElectronicFrontierFoundation,July24,2012.
76
KatitzaRodriguez,MexicoAdoptsAlarmingSurveillanceLegislation,ElectronicFrontierFoundation,March2,2012,
https://www.eff.org/deeplinks/2012/03/mexicoadoptssurveillancelegislation.
77
CyrusFarivar,MexicanGeolocalizationLawDrawsIreofPrivacyActivists,ArsTechnica,April24,2012,
http://arstechnica.com/techpolicy/2012/04/mexicangeolocalizationlawdrawsireofprivacyactivists/.
78
CommitteetoProtectJournalists,28JournalistsKilledinMexicosince1992/MotiveConfirmed,accessedJanuary12,2013,
https://www.cpj.org/killed/americas/mexico/.
MEXICO

(@5anto), a prominent blogger reporting on corruption and electoral fraud, went missing.79 Fortytwo days later, Salgado resurfaced to announce that despite multiple death threats, he was alive. In
a video post, Salgado explained that he had been subject to a forced disappearance, the details of
which he was afraid to reveal. Citing fear for the safety of his family, Salgado announced that he
would no longer be writing, but urged others to be braveand carefulin their reporting.80
Although widely reported in international media, conflicting reports have emerged about a
February 2013 campaign by an organized crime group to identify the administrator of Valor por
Tamaulipas, a site issuing reports on security risks in the cartel-dominated state. Although the crime
group allegedly offered a reward of 600,000 pesos ($47,000) for information leading to the
identification of the sites owner or his family,81 residents of the area say they never saw flyers with
such an offer.82 Following reports of additional threats in April 2013, the site announced the
shutdown of both its Twitter and Facebook accounts.83 As of May, 2013, however, the Facebook
and Twitter pages associated with Valor por Tamaulipas which have nearly 215,0000 likes and
33,800 followers, respectivelywere back up and running. Conflicting reports alternately claim
that the sites are clones or that the administrator changed his mind about closing the sites.84
In February 2013, death threats were issued against members of an informal network of Twitter
users sharing information about drug violence in Mante, Tamaulipas under the hashtag
#vigilantesmante. The threats, which were transmitted from accounts using the name #ManteZeta
(the Zeta cartel is active in the area) via YouTube and Twitter, linked to a video depicting the
murder of three people. Accompanying the link to the video, which was originally published by
Blog del Narco, a site reporting on cartel-related violence, were threats stating that the same fate
would befall those tweeting about security risks in Tamaulipas.85
Murders of online journalists are no longer rare in Mexico. Between September and November
2011, four people were brutally murdered in connection with their online writings. In each case,
the bodies, often bearing signs of torture, were displayed publicly and accompanied by notes
79
LisaGoldman,AProminentMexicanAntiCorruptionBloggerHasGoneMissing,TechPresident,Spetmeber17,2012,
http://techpresident.com/news/wegov/22862/prominentmexicananticorruptionbloggerhasgonemissing.
80
ArjanShahani,CensorshipinMexico:TheCaseofRuySalgado,AmericasQuarterly(blog),October29,2012,
http://www.americasquarterly.org/node/4077.
81
DanielHernandez,FacebookPageinMexicoDrawsAttentionforPostsonSecurityRisks,LosAngelesTimes,February9,
2013,http://articles.latimes.com/2013/feb/19/world/lafgwnmexicofacebookpagesecurity20130218.
82
#Reynosafollow,ObservacionesenelCasoValorporTamaulipas[ObservationsintheCaseofValorporTamaulipas],Del
TwitteralBlog,April12,2013,http://chuynews.blogspot.com/2013/04/observacionesenelcasovalorpor_12.html.
83
SinEmbargo,ValorporTamaulipas,QueOperabaBajoAmenazadelNarco,CierrasusCuentasdeTwitteryFacebook,
[ValorporTamaulipas,WhichOperatedUnderThreatsfromDrugCartels,ClosesitsTwitterandFacebookAccounts]
SinEmbargo.mx,April1,2013,http://www.sinembargo.mx/01042013/576396.
84
ValorporTamaulipasOfficialFacebookBackOnlinebutWillCeaseOperationsinEightDays,HispanicNewsNetworkUSA
(blog),April7,2013,http://hispanicnewsnetwork.blogspot.com/2013/04/valorportamaulipasofficialfacebook.html;Valor
porTamaulipasFacebookPagetoRemain,butLessActive,HispanicNewsNetworkUSA(blog),April14,2013,
http://hispanicnewsnetwork.blogspot.com/2013/04/valorportamaulipasfacebookpageto.html.
85
PeriodistasenRiesgo,Crowdmap,AmenazadeMuertecontraTuiterodeTamaulipas[DeathThreatagainstTwitterersin
Tamaulipas],ICFJandFreedomHouse,February21,2013,https://periodistasenriesgo.crowdmap.com/reports/view/45.
MEXICO

explicitly stating that the murders were retribution for the victims posts on popular websites and
narcoblogs. At least one of the messages was signed Z for Zeta.86
Echoing the fears of website moderators, who have implored contributors to continue reporting
but to do so anonymously, such targeted killings of website contributors were also carried out in
2012 and 2013.87 In June 2012, Victor Manuel Baez Chino, a journalist who reported on crime for
the digital edition of weekly newspaper Mileno and also edited the crime reporters website
Reporteros Policiaos, was kidnapped and murdered. In a note accompanying his body, the Zeta drug
cartel claimed responsibility for Chinos killing.88 In November 2012, Adrin Silva Moreno, a
journalist in Tehuacn Puebla working for the online newspaper Glob@l Mxico, was shot to death
while covering an army raid on a warehouse filled with stolen fuel.89 Having been warned to leave
by a soldier, Silva was in the process of driving away when trucks arrived and began firing on his
car, killing him and his companion, Misray Lpez Gonzlez, a former policeman.
In March 2013, journalist Jaime Guadalupe Gonzlez Domnguez, editor of the online news portal
Ojinaga Noticias, was murdered in broad daylight in Chihuahua, a state reportedly run by organized
crime. A group of men shot Gonzlez 18 times before absconding with his camera. Gonzlezs
murder, which was foreshadowed by written threats warning him to avoid covering certain topics,
led to the closure of his online news portal, Ojinaga Noticias, which reported on local news, crime,
sports, and politics.90
Hate campaigns against journalists also marred Mexican reporting in 2012 and 2013, bringing
attacks against traditional journalists into the domain of the internet. The state Social
Communication General Coordination Office in San Luis Potosi made use of both Twitter and
Wordpress blogs in December 2012 and February 2013 to denigrate several journalists writing for
daily newspaper Pulso. After a video was leaked of the Offices director, Juan Antonio Hernandez
Varela, ordering subordinates to create fake social networking accounts for the sole purpose of
discrediting government critics, Hernandez Varela resigned without explanation. It remains to be
seen whether such attacks will continue under the new director.91
86
RobertBeckhusen,MexicanManDecapitatedinCartelWarningtoSocialMedia,Wired,November9,2011,
http://www.wired.com/dangerroom/2011/11/mexicanbloggerdecapitated/.
87
SarahKessler,MexicanBlogWars:FourthBloggerMurderedforReportingonCartel,Mashable,November10,2011,
http://mashable.com/2011/11/10/mexicoblogger/.
88
UNESCOPress,DirectorGeneralCondemnsMurderofMexicanJournalistVictorManuelBaezChino,July11,2012,
http://bit.ly/18eVyRR.
89
ReportersWithoutBorders,UnPeriodistaAsesinadoaBalasenTehuacn:CundoseAcabarlaViolenciayla
Impunidad?[JournalistMurderedinTehuacanBales:WhenWilltheViolenceandImpunityEnd?],November19,2012,
http://es.rsf.org/mexicounperiodistaasesinadoabalasen19112012,43695.html.
90
CommitteetoProtectJournalists,EditordeSitioWebdeNoticiasAsesinadoaBalazosenMxico[EditorofNewsSite
MurderedbyGunshotinMexico],March5,2013,http://cpj.org/es/2013/03/editordesitiowebdenoticiasasesinadoa
balazo.php;UNESCOPress,DirectorGeneralVoicesDeepConcernovertheKillingofMexicanJournalistJaimeGonzalez
Dominguez,March11,2013,http://bit.ly/14Twxex;ReportersWithoutBorders,SelfCensorship:NewspapersinNorthern
BorderStatesForcedtoCensorThemselves?,March12,2013,http://bit.ly/ZlfI6x.
91
ReportersWithoutBorders,TheDangersofReporting:OrganizedCrime,LocalAuthoritiesThreatenReportersand
Netizens,March4,2013,http://en.rsf.org/mexicoorganizedcrimelocalauthorities04032013,44161.html;Eduardo
Delgado,GobiernoEstatalCambiadeVocero[StateGovernmentSpokesmanChanges],Pulso,March5,2013,
http://pulsoslp.com.mx/2013/03/05/gobiernoestatalcambiadevocero/.
MEXICO

Cyberattacks have become an issue in Mexico in recent years, and pose a growing threat to critical
news sites. In September 2011, three online outlets known for critical coverage of state
governmentExpediente Quintana Roo, Noticaribe, and Cuarto Poderwere temporarily
disabled by cyberattacks. Personal information and reporters notes were also stolen from their
servers.92 In November 2011, weekly newspaper Riodoce was informed by its host provider that the
website had been the target of a large distributed denial of service (DDoS) attack. Widely suspected
to be a reprisal for the publications aggressive reporting on crime and drug trafficking, the
cyberattack resulted in the website being inaccessible for several days.93 Sporadic cyberattacks
continued to be reported in 2012 and early 2013. Vincente Carrera, director of online newspaper
Noticaribe, which was temporarily paralyzed by DDoS attacks in late 2011 and early 2013, stated
that recent attacks, which disabled the site for weeks, were likely government retaliation for the
outlets coverage of electoral violations and state debt.94
One notable case of repeated DDoS attacks targeted rompeviento.tv, an independent, left-leaning
internet television site intended to present the public with an alternate perspective on news.
Rompviento, which counts an audience of 600,000 visitors per month, was disabled by continuous
cyberattacks after it aired contentious political content.95 During the broadcast of a debate
organized by YoSoy132, Rompviento lost broadband access and its webpage subsequently vanished.
Despite multiple attempts to recover content, the original website appears to have been deleted
permanently. Administrators of the host platform, mydomain, were unable to provide explanation
or assistance with the issue. As of May 2013, however, the new rompeviento.tv website was
accessible both from within Mexico and from outside the country.
92
MonicaMedel,ThreeNewsWebsitesHackedinMexico,KnightCenterforJournalismintheAmericas(blog),July15,2011,
https://knightcenter.utexas.edu/blog/threenewswebsiteshackedmexico.
93
InternationalFreedomofExpressioneXchange,WeeklyGoesOfflineafterCyberAttack,newsrelease,November28,2011,
http://ifex.org/mexico/2011/11/30/riodoce_cyberattack/.
94
TaniaLara,MexicanDigitalNewspaperDisabledbyFrequentCyberattacks,KnightCenterforJournalismintheAmericas
(blog),April20,2012,http://knightcenter.utexas.edu/blog/009806mexicandigitalnewspaperdisabledfrequent
cyberattacks.
95
Inarecentinterview,ErnestoLedesma,DirectorGeneralofRompeviento(www.rompeviento.tv)statedthatthecompany
hasidentifiedapatternofdisruptions.Althoughthesignalissteadyforculturalprograms,whenthecompanyattemptsto
broadcastcriticalpoliticalprograms,thesignalislost.WhileRompvientocannotprovegovernmentinterference,apatternhas
emergedinwhichdisruptionsseemtobetiedtotheairingofpoliticalcontent.
MEXICO
MOROCCO
2012
2013
PARTLY
N/A
FREE

n/a
n/a
n/a
n/a
Total (0-100)
11
7
24
42


Blocking orders on numerous websites and online tools were lifted as the government
introduced a series of liberalizing measures to counter rising discontent heightened by
the events of the Arab Spring (see LIMITS ON CONTENT).
Despite constitutional reforms introduced in 2011, restrictive press and national
security laws continued to plague the online media landscape and induce a spirit of selfcensorship (see VIOLATIONS OF USER RIGHTS).
Several online users were arrested under these laws for comments and videos they
posted to Facebook, YouTube, and blogs (see VIOLATIONS OF USER RIGHTS).
MOROCCO

INTRODUCTION
Research universities led the development of the internet in Morocco from the early 1990s, with
internet access extended to the general public in 1996. Initially, the internets diffusion was slow in
Morocco due primarily to the high cost of computers and poor infrastructure.1 Under the
combined impact of the liberalization, deregulation, and privatization of the telecommunications
sector, as well as the legal and technological modernization of Moroccan broadcasting media, a
growing and dynamic digital media market has emerged. This phenomenon has been furthered by
the recent opening of the political system.
Social media has triggered a revival of the medias traditional function as a watchdog, acting as a
check on the misconduct of the political regime. It has also been used as a tool for nascent political
movements to organize and mobilize supporters across the country, particularly in the context of
the Arab Spring. The February 20th Movement, which started on Facebook and relies heavily on
digital media for communication, has held rallies throughout the country demanding democratic
reforms, a parliamentary monarchy, social justice, greater economic opportunities, and more
effective anticorruption measures. Two weeks after the first demonstrations, King Mohamed VI
responded by announcing new constitutional reforms in which he promised to devolve limited
aspects of his wide-ranging powers to the elected head of government and the parliament. Included
in this reform package were provisions to grant greater independence to the judiciary and an
expansion of civil liberties. The kings proposals were approved by 98.5 percent of Moroccan
voters in a popular referendum held on July 1, 2011, for which voter turnout was 84 percent. The
measures resulted in a lifting of all politically-motivated filtering.
The most remarkable change in internet use among Moroccans is the growing interest in social
media and user-generated content, as well as domestic news portals. In 2010, the top ten most
visited websites did not include any Moroccan news website.2 By 2012, the sixth most visited site
was Hespress.com, the most popular online news and information website in Morocco with
estimated 400,000 unique visitors per day. Besides Hespress, the sports website Koora.com is the
only other Arabic-language site in the Top 10.3 Before the Arab Spring, government intervention to
block and delete online content was relatively common. Today, the state no longer engages in
technical filtering; it uses the existing laws to limit freedom of speech for online users. As a result,
several online users were arrested over the past year.
Ibahrine,M.(2007).TheInternetandPoliticsinMorocco:ThePoliticalUseoftheInternetbyIslamOrientedPolitical
Movements.Berlin:VDMVerlag.
2
BouzianeZaidandMohamedIbahrine,MappingDigitalMedia:Morocco,availableat,
http://www.opensocietyfoundations.org/reports/mappingdigitalmediamorocco,(accessedFebruary242013).
3
Facebook,Google,YouTube,GoogleMorocco,andBlogspotwerethefivemostvisitedsitesin2012.SeeTopSitesin
Morocco,Alexa,http://www.alexa.com/topsites/countries/MA(accessedJanuary142013).
MOROCCO

OBSTACLES TO ACCESS
Internet access in Morocco has increased steadily in recent years, although obstacles remain in place
in certain areas of the country. The internet penetration rate grew from just over 21 percent of the
population in 2007 to 55 percent in 2012, according to the International Telecommunication
Union (ITU).4 By end of 2012, roughly 2 in 100 inhabitants possessed a fixed-broad subscription,
or around 17.8 percent of all subscribers.5 The remaining 82.2 percent of all subscriptions are
through 3G devices, including both data-only and voice-and-data connections.6 By December 2012,
mobile phone penetration reached a rate of 119.7 percent, a rise of almost 20 percentage points
compared to 2010.7
Internet access is currently limited to educated and urban segments of Moroccos population.
There is a major discrepancy in terms of network coverage between urban and rural areas.
Telecommunications companies do not abide by the ITU principle of telecommunications as a
public service, instead preferring to invest in more lucrative urban areas. Rural inhabitants
constitute 37.1 percent of the overall population and while many have access to electricity,
television, and radio, most do not have access to phone lines and high speed internet. The high rate
of illiteracy is another obstacle (43 percent of Moroccans aged 10 and above are illiterate). Most
Moroccan households are not prepared to access content provided by digital media, but recent
developments in the telecoms sector show that this situation is likely to change in the near future.
The Moroccan government has undertaken several programs aimed at improving the countrys ICT
sector. Launched in March 2005, the GENIE project (the French acronym for Generalization of
ICTs in Education) aims to extend the use of ICTs throughout the public education system.8
Owing to positive results, another round of implementation was launched for the period of 20092013 to improve the training and professional development of teachers and encourage the adoption
of ICTs by public school students. PACTE (French for Program of Generalized Access to
Telecommunications) was launched in 2008 to provide 9,263 communities, or 2 million
Moroccans, with telecoms services by 2010.9 Financing for the project came from Moroccos
Universal Service Fund for Telecommunications. The fund was created in 2005 using contributions
from the three major telecoms operators: Maroc Telecom, Medi Telecom, and INWI. More
recently, in 2009, authorities established the national strategy Maroc Numrique 2013 (Digital
Morocco 2013).10 The strategy aims to achieve nationwide access to high-speed internet by 2013
4
Percentageofindividualsusingtheinternet,ITU,20002012,availableathttp://www.itu.int/en/ITU
5
Fixed(wired)broadbandsubscriptions,ITU,20002012,availableathttp://www.itu.int/en/ITU
6
InternetMarketinMorocco:QuarterlyObservatoryAgenceNationaledeRglementationdesTlcommunications,March
2013,http://www.anrt.ma/sites/default/files/2013_T1_TB_Internet_en.pdf.
7
Mobilecellularsubscriptions,ITU,2012,http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.
8
ANRT,RapportAnnuel(AnnualReport),2008,availableat
http://www.anrt.net.ma/fr/admin/download/upload/file_fr1702.pdf,(accessed5January2013)(hereafterANRT,Rapport
Annuel,2008).
9
ANRT,RapportAnnuel,2008.
10
HMtheKingchairspresentationceremonyofnationalstrategyMarocNumeric2013,availableat
MOROCCO

and to develop e-government programs to bring the administration closer to its citizens, while
encouraging small and medium-sized enterprises to adopt ICTs into their business practices. It has a
budget of MAD 5.2 billion (around $520 million).
Perhaps as a result of these efforts, internet use remains relatively affordable. For a 3G prepaid
connection of up to 7.2 Mbps, customers pay MAD 223 ($26) for initial connectivity fees and then
MAD 10 per day ($0.82) or MAD 200 per month ($23.6). Internet users pay on average MAD 3
($0.35) for one hour of connection in cybercafs.
In the post-Arab Spring era, the government no longer blocks Web 2.0 applications, anonymous
proxy tools, and Voice over Internet Protocol (VoIP) services. However, in February 2012 there
was a report that Maroc Telecom briefly disrupted VoIP services such as Skype, TeamSpeak, and
Viber in order to tamper with the quality of the calls. Some speculated that the actions were
motivated by financial concerns over competition to traditional fixed-line services provided by the
telecommunications company.11
Service providers such as ISPs, cybercafes, and mobile phone companies do not face any major
legal, regulatory, or economic obstacles.12 The allocation of digital resources, such as domain
names or IP addresses, is carried out by organizations in a non-discriminatory manner.13 According
to the Network Information Centre, which manages the .ma domain, there were 43,354
registered Moroccan domain names in 2012.14
The National Agency for the Regulation of Telecommunications (ANRT) is an independent
government body created in 1998 to regulate and liberalize the telecommunications sector. The
founding law of the ANRT considers the telecommunications sector as a driving force for
Moroccos social and economic development and the agency is meant to create an efficient and
transparent regulatory framework that favors competition among operators.15 A liberalization of
the telecoms sector aims to achieve the long-term goals of increasing GDP, creating jobs,
supporting the private sector, and encouraging internet-based businesses, among others. While
Maroc Telecom, the oldest telecoms provider, effectively controls the telephone cable
infrastructure, the ANRT is tasked to settle the prices at which the companys rivals (such as Medi-
http://www.maroc.ma/PortailInst/An/Actualites/HM+the+King+chairs+presentation+ceremony+of+national+strategy+Maroc+
Numeric+2013.htm(accessed24February2013).
11
HishamAlmiraat,Morocco:HistoricTelecomOperatorBlocksSkype,availableat,
http://globalvoicesonline.org/2012/02/19/moroccohistorictelecomoperatorblocksskype/(accessed24February2013).See
also,BrahimOubahouman,MarocTlcominterditSkypeetdautresservicesVoIP,availableat,
http://www.moroccangeeks.com/maroctelecominterditskypeetautresservicesvoip/(accessed24February2013).
12
Interviewsconductedon20February2013,withDr.HamidHarroudandDr.TajjedineRachdi,respectivelydirectorand
formerdirectorofInformationTechnologiesservicesofAlAkhawaynUniversityinIfrane.
13
NetworkInformationCentre,theservicethatmanagesthedomain.ma,isownedbyMarocTelecom.Therearecallsfor
domain.matobemanagedbyanindependententity,notacommercialtelecomscompany.
14
NetworkInformationCentre,availableathttp://www.nic.ma/statistiques.asp(accessed18February2013).Thisserviceis
ownedbyMarocTelecom.
15
Loisrgissantlaposteetlestlcommunications(Lawsgoverningthepostandtelecommunications),availableonlineat
http://www.anrt.ma/fr/admin/download/upload/file_fr1825.pdf(accessed11February2013).
MOROCCO

Telecom and INWI) can access those cables. Thus the ANRT makes sure competition in the
telecoms market is fair and leads to affordable services for Moroccan consumers.16
Some journalists argue that the ANRT is a politicized body lacking independence, citing the fact
that its director and administrative board are appointed by a Dahir (Royal Decree). However,
international organizations such as the World Bank and the ITU have not expressed any major
criticism about the ANRTs neutrality.17
As mentioned, Maroc Telecom, Medi Telecom, and INWI are the three ISPs and mobile phone
companies in Morocco. Maroc Telecom (Ittissalat Al Maghrib, IAM) is a former state company that
held a monopoly over the telecoms sector until 1999.18 That year, the ANRT granted licenses for
Medi Telecom and INWI. Medi Telecom is a private consortium led by Spains Telefonica, while
INWI (formerly WANA, Maroc Connect) is a subsidiary of Ominum North Africa (ONA), the
leading Moroccan industrial conglomerate also owned by the royal family.
LIMITS ON CONTENT
Given the high rate of illiteracy and the many obstacles to access in parts of the country, online
media do not enjoy the same popularity and influence as television and radio. For this reason, there
are fewer instances of government intervention in the online sphere, even if much more
controversial statements are made on the web. The state does not appear to currently block or
filter internet sites.19 Nonetheless, fears over intermediary liability and the prosecution of users
have underscored an environment of continued self-censorship, particularly regarding so-called
sacred issues such as the monarchy and Islam.
Before the Arab Spring, government intervention to block or delete online content was relatively
common. While ISPs rarely, if ever, blocked Web 2.0 applications such as YouTube, Facebook, or
Twitter,20 websites advocating controversial views or minority causes were systematically
blocked.21 However, owing to the post-Arab Spring environment, the government has made a
concerted effort to show that it is implementing democratic reforms, rather than restricting access
16
ANRT,Loisrgissantlaposteetlestlcommunications.
CarolineSimard,MoroccosANRTGuidelinesProjectRelatedtoFundamentalRegulatoryAspects,availableat
http://www.itu.int/ITUD/treg/Newsletters/Research%20Material/MAR_Projetlignesdirectrices.pdf(accessed31January2013);
BjrnWelleniusandCarloMariaRossotto,IntroducingTelecommunicationsCompetitionthroughaWirelessLicense:Lessons
fromMorocco,1999,availableathttp://rru.worldbank.org/documents/publicpolicyjournal/199welle.pdf
18
TheStateowns30%ofMarocTelecomshares,53%ownedbytheFrenchtelecomscompanyVivendi,and17%ispublic,
availableonlineathttp://www.iam.ma/Groupe/Institutionnel/QuiSommesnous/Pages/StructureDuCapital.aspx.
19
InterviewswithHishamAlmiraatonFebruary13,2013,withAboubakrJamaionFebruary11,2013,andtwootherinterviews
conductedduringFebruary2013withonlineactivistswhowanttoremainanonymous.Hereafter,Interviewswithdigital
activistsandonlinejournalists.
20
RSFreportedoneincidentwhereMarocTelecomblockedYouTubeon25May2007forafewhours.MarocTelecom
reportedlysaidthatitwasatechnicalproblem.RSFspeculatedthatMarocTelecommayhaveblockedaccesstoYouTube
aftervideoswerepostedonitofproindependenceSaharandemonstrations.OtherMoroccanusersoftheothertwoISPs,
MediTelecomandWana,continuedhavingaccesstoYouTubeduringthatday.
21
ReportersWithoutBordersAnnualReport2007Morocco,availableat,
http://www.unhcr.org/refworld/type,ANNUALREPORT,RSF,MAR,46e692cbc,0.html,(accessed29March2013).
17
MOROCCO

to information. As such, sites related to the disputed territory of Western Sahara, the Amazigh
minority, or Islamist groups are no longer blocked.22 In addition, YouTube, Facebook, Twitter,
and international blog-hosting services are freely available. Despite numerous reports to the
contrary, Google Earth was found to be accessible in tests conducted by Freedom House in several
cities and on a range of different devices by mid-2013. The service had been reportedly blocked in
August 2009.23
Although technical methods to filter websites are no longer utilized, the government still controls
the online information landscape through a series of restrictive laws that can be manipulated to
serve political purposes. Under the 2002 Press Law, the government has the right to shut down any
publication prejudicial to Islam, the monarchy, territorial integrity, or public order, and it
maintains prison sentences and heavy fines for the publication of offensive content (see Violations
of User Rights).
The Anti-Terrorism Bill, passed in 2003 after the May 16, 2003 terrorist attacks in Casablanca,24
gives the government sweeping legal powers to filter and delete content that is deemed to disrupt
public order by intimidation, force, violence, fear or terror.25 According to this law, legal liability
rests jointly with the author, the site owner, and ISPs. Intermediaries must block or delete
infringing content when made aware of it or upon receipt of a court order. While the law was
ostensibly designed to combat terrorism, the authorities retain the right to define vague terms such
as national security and public order as they please, thus opening the door for abuse. Although
ISPs have not conducted any significant blocking since 2011, many opposition news websites are
hosted on servers outside of the country for security reasons, such as Lakome.com,
Mamfakinsh.com, and Febrayer.com.
Given the history of media repression in Morocco, many internet users and cyber activists engage in
self-censorship. Although activists and journalists face little constraints in voicing their opinions,
harsh legal consequences for online speech ultimately deter freedom of expression.26 According to
Aboubakr Jamai, a prominent Moroccan journalist, many website owners continue to censor
comments related to the royal family in order to avoid legal problems.27 In a state that punishes
investigative reporting and whistleblowing, people with sensitive information tend to stay quiet to
avoid possible retribution.
22
Forexample,sitessuchasarso.org,spsrasd.info,cahiersdusahara.com,wsahara.net,andevenLiveJournalwereblockedfor
promotingtheindependenceofWesternSahara.
23
Formore,seeCurrentdisruptionsoftraffictoGoogleproductsandservices,GoogleTransparencyReport,accessedAugust
9,2013,http://www.google.com/transparencyreport/traffic/#expand=TJ,MA.
24
On16May2003,Moroccowassubjecttothedeadliestterroristattacksinthecountryshistory.Fiveexplosionsoccurred
withinthirtyminutesofeachother,killing43peopleandinjuringmorethan100insuicidebombattacksinMoroccoslargest
city,Casablanca.MoroccohasbeenastaunchallyoftheU.S.The14suicidebombersalloriginatedfromapoorsuburban
neighborhoodintheoutskirtsofCasablanca.
25
OpenNetInitiative,InternetFilteringinMorocco.2009,availableonlineat,http://bit.ly/18GiHgW
26
Interviewswithdigitalactivistsandonlinejournalists.
27
InterviewwithAboubakrJamaiconductedon11February2013.JamaiisaMoroccanjournalistwhofoundedsomeofthe
mostprogressivemagazinessuchasLeJournalHebdomadaireandAssahifaalOusbouiya.In2003,hewasawardedthe
InternationalPressFreedomAwardoftheCommitteetoProtectJournalists.
MOROCCO

In addition to state-run and opposition news outlets, the Moroccan media contains a variety of
shadow publications, nominally-independent but editorially-supportive of the state.28 The news
outlets exist primarily to divert airtime from serious and more engaging news portals and to
compete over online advertising money and audience share. There is no evidence to link these
publications to a larger state strategy to counter the growth of voices of dissent. However, it is
important to note that these shadow publications receive large amounts of advertising, possibly in
return for their progovernment bias.
The government also uses financial pressure to push the most outspoken print media publications
into closure or bankruptcy. Advertising revenue provided by the government or governmentlinked companies is not split fairly between independent and progovernment publications.29
Powerful business entities, such as the three telecommunication companies, are known to adhere to
state pressure to withdraw advertising money from news outlets that run counter to the stateowned media narrative.30 The state, however, does not limit the ability of online media to accept
advertising or investment from foreign sources, crucial to maintaining a profitable business and
ensuring that citizens can access a range of different opinions and news sources. In addition,
webhosting and free blogging services are freely accessible. ISPs are not known to employ
bandwidth availability to discriminate on the basis of content.
Internet users take advantage of various social media tools to educate, organize, and mobilize
people around a wide variety of issues. Facebook and mobile phones were used very effectively
during the 2011 street protests. Facebook users grew by 490 percent from 860,000 to more than 5
million over the period of 2009 to 2012 and the social network is the most visited website in the
country.31 Bloggers were instrumental in disseminating their political views and managed to reach
out to large numbers of protesters. Activists used mobile phones and cameras to present their
versions of street events in a bid to counter the censored news coverage of state-controlled
broadcasting.
The first widely-covered instance of online activism occurred in the summer of 2008, when an
amateur cameraman in the northern Morocco area of Targuist filmed traffic police officers taking
bribes from drivers. The Targuist Sniper video circulated widely on YouTube and Facebook,
resulting in a police investigation that led to the arrest of the several police officers. The video
served as a model of cyber-activism against daily and mundane corruption in other Moroccan cities.
Nevertheless, the effects on corruption and accountability remained short-term as the government
eventually stopped responding to such videos.
28
InterviewwithAboubakrJamaiconductedonFebruary11,2013.
InterviewwithAboubakrJamaiconductedonFebruary11,2013.
30
AccordingtoTheReport:EmergingMorocco2007byOxfordBusinessGroup,MarocTelecomandMediTelecomaccounted
for16%ofthetotaladvertisingmarket.In2011,accordingtolEconomiste.ma,telecommunicationsadvertisingspending
represents23%ofthetotaladvertisingmarketshare,availableat,http://www.leconomiste.com/article/889132
investissementspublicitairesbrlateleenpertedemarche,(accessed29march2013)
31
Internetusers,populationandFacebookstatisticsforAfrica2012Q2:Facebook31Dec2012,InternetWorldStats,
http://www.internetworldstats.com/stats1.htm(accessed14January2013)
29
MOROCCO

More recently, online activism led to a national debate on Article 475 of the Moroccan penal code,
which allows rapists to avoid prosecution if they agree to marry their victims. Events were sparked
in March 2012, when a 16-year-old girl committed suicide after a seven month ordeal in which she
was forced to wed her alleged rapist. Womens rights activists successfully used social media and
online news platforms to counter arguments made by state-controlled radio and television outlets,
rallying popular support for changes to the law. In January 2013, the government officially
announced plans to revise the controversial article.32

The Moroccan constitution of 2011 recognizes all Moroccan citizens as equals before the law.33
Article 25 provides that the constitution guarantees all citizens freedom of opinion and expression
in all its forms. However, prior to the 2011 constitution, the Moroccan legislature adopted an
array of laws that limited freedom of expression, such as the 2002 Press Code and the 2003 AntiTerrorism Law. These provided legal sanctions against any criticism of sacred issues such as the
monarchy, Islam, and territorial integrity. Crucially, these laws continue to be applied to online
activity, resulting in the prosecution of several users for content posted online.
Article 27 of the 2011 constitution states that Moroccan citizens have the right to access
information held by the government, elected institutions, and all public service institutions, except
in cases in which doing so would violate national security, the privacy of individuals, or
constitutional freedoms. For this constitutional right to become reality, a series of public policy
debates are taking place to devise policies that would guarantee citizens access to information.
However, given the authoritarian nature of the state, many activists are pessimistic and believe the
end result will most likely lead to a stifling of internet freedom under the guise of privacy, national
security, and counterterrorism.
Although the 2011 constitution strengthened the judiciary as a separate branch of government, the
judiciary system in Morocco is far from independent. The king chairs the High Council of Judicial
Power and appoints its members. As such, the courts often fail to produce fair and balanced rulings,
frequently basing their decisions on recommendations from security forces.34
Articles 45, 46, and 47 of the 2002 Press Code stipulate that defamation against the courts, the
military, public administrations, members of the government, and any public person are punishable
by a prison term of one month to one year. Similarly, Article 52 outlaws criticism of foreign heads
of state, foreign ministers, and diplomatic envoys residing in Morocco by stipulating punishments
of one month to one year imprisonment and a fine of MAD 10,000 to MAD 100,000 ($800 to
32
SmailBellaouli,Moroccotochangelawthatallowedrapiststoavoidpunishmentbymarryingtheirvictims,availableat,
http://www.huffingtonpost.com/2013/01/23/moroccorapemarriagelaw_n_2532259.html,(accessed1April2013).
33
MoroccanConstitution2011,availableathttp://www.maroc.ma/NR/rdonlyres/B4E91D559F14452694A6
2665F12C9B54/0/BO_5964BIS_Fr.pdf,(accessed22February2013).
34
HuffingtonPost,MoroccoJusticeSystem:JusticeCanBeBought,availableat,
http://www.huffingtonpost.com/2011/12/08/moroccanjusticesoldto_n_1135895.html(accessed22February2013)
MOROCCO

$8,000). Judges often apply these vague and oppressive laws to the online domain. In one case from
October 2012, the head of the Council for the Moroccan Community Abroad sued the news portal
Yabiladi.com for defamation over an article detailing his travel expenses.35
When prosecuting online activists, the state strategically avoids arresting the sort of high-profile
leaders that would lead to significant media coverage. For instance, members of the February 20th
Movement that were arrested did not possess leadership roles, but were well-respected local actors
key to mobilizing support in their communities. Meanwhile, prominent online public figures such
as Aboubakr Jamai or Ali Lamrabet remain free from prosecution, even if they are harassed or
intimidated through more extralegal means.36
In one of the most well-documented cases related to online freedom of expression, rap artist
Mouad Belghouat (known as al-Haqed or the spiteful) was sentenced to one year in jail on May 11,
2012 for insulting the police in a music video that denounced police corruption and brutality.37
The title of the song was Kilab ed-Dowla (Dogs of the State). His defense lawyer had argued that
there was no evidence to link Belghouat to the uploading of the video. In another case, Walid
Bahomane, an 18-year-old student, was sentenced to 18 months in prison for "attacking the
nation's sacred values" after he allegedly ridiculed the king in a post he published on Facebook.38
The 25-year-old activist Abdelsamad Haydour was also sentenced to three years in prison in
February 2012 over a YouTube video in which he allegedly criticized the king.39
The blogger Mohamed Sokrate was controversially sentenced to three years in jail and a fine of
MAD 5,000 ($590) by a Marrakech court in June 2012. The charges were drug-related, which his
defense adamantly denied. Reporters Without Borders argued that his conviction was instead based
on his online activism, in which he promoted secularism, defended civil liberties, and criticized the
government.40
Ali Lmrabet, the well-known progressive journalist, has been the target of constant violent and
nonviolent harassment by the security and intelligence services in the northern city of Tetouan.41
Lmrabet runs the website Demainonline, which is openly critical of the monarchy and politicians in
Morocco. However, in 2005 he was banned from publishing in Morocco for a period of 10 years,
and some believe the state has not arrested him given the negative media coverage it may generate.
35
ReporterswithoutBorders,HazardsmountforfreedomofinformationinMorocco,availableat,http://en.rsf.org/morocco
hazardsmountforfreedomof08102012,43499.html,(accessed29March2013).
36
ReporterswithoutBorders,HazardsmountforfreedomofinformationinMorocco.
37
HumanRightsWatch,Rappersentencedtooneyearinprisonforcriticisingpolice,availableat,
http://www.ifex.org/morocco/2012/05/14/alhaqed_sentenced/,(accessed29March2013).
38
ReporterswithoutBorders,Appealcourtextendsonlinecritic'ssentence,availableat,
http://www.ifex.org/morocco/2012/03/28/bahomane_haydour_sentences_confirmed/,(accessed29March2013).
39
ReporterswithoutBorders,Appealcourtextendsonlinecritic'ssentence.
40
ReporterswithoutBorders,Bloggergetstwoyearjailsentenceontrumpedupdrugcharges,availableat,
http://en.rsf.org/moroccobloggergetstwoyearjail15062012,42803.html,(accessed29March2013).
41
ReportersWithoutBorders,JournaliststargetedforcriticisingMoroccanofficials,availableat,
http://www.ifex.org/morocco/2012/10/10/journalists_targeted/,(accessedon29March2013).
MOROCCO

Following street protests in January and February 2012 in the northeast city of Taza, Mohamed El
Boukili, Abdul-Samad and Essam Morsi, and 18 other activists from the February 20th Movement
were sentenced to jail terms and steep fines on various charges ranging from "insulting to the
sanctities of the state," "disobedience," "insulting public officials while performing their duties,"
and "insulting to the sanctities of the King."42 These online activists participated in street protests
and posted content on YouTube that criticized the government and called for political reform.
While users are punished for content they post online, Moroccan citizens can create websites and
write for blogs without any registration requirements imposed by the government. Mobile phones
and SIM cards may also be purchased anonymously. In addition, customers do not need to register
or provide any kind of identification at cybercafs. There are no indications that the purchase and
use of encryption software by private citizens or companies is restricted.43
Nonetheless, activists who openly criticize government policies, particularly online opinion
makers, receive personal attacks and derogatory comments from other users on their Facebook
walls and Twitter accounts.44 New accounts are created every day for the sole purpose of attacking
digital activists. There is no clear indication regarding the identity behind the accounts and whether
they are state-sponsored or simply overzealous private individuals. However, due to the amount of
time and energy needed to engage in such activity, there are serious doubts that these are private
citizens acting on their own personal resolve.
Some activists have voiced their suspicion that, given their docile nature, telecommunication
companies may be cooperating with government authorities by passing on swathes of user data to
security forces to conduct widespread surveillance. For example, there are suspicions that Maroc
Telecom, through its subsidiary in Mali, performed intelligence gathering for French authorities
prior to the recent military intervention in that country by French troops.45 Many activists have
questioned whether the company performs similar actions in Morocco.
In December 2011, Reflets.info, a French news site, published an investigation on the purchase of
spyware from the French company Amesys.46 The article refers to an investigation carried out by
journalists from the Wall Street Journal who found that Amesys sold spyware to the former
Qadhafi regime in Libya. 47 Reflets.info argues that the same spyware was sold to the Moroccan
government and that engineers from Amesys spent time in the country training government
42
ArabicNetworkforHumanRightsInformation,Activistsentencedforinsultingtheking,availableat,
http://www.ifex.org/morocco/2012/02/15/alhaidour_sentenced/,(accessed20February2013).
43
Interviewsconductedon29March2013withDr.FouadAbbou,fullprofessorofcomputerScienceandTelecommunications
andDr.HamidHarroud,directoroftheInformationTechnologiesServicesofAlAkhawaynUniversityinIfrane.
44
Interviewswithdigitalactivistsandonlinejournalists.
45
FouadHarit,CharlieHebdoconfirme:VivendiestunacteurmajeurdelaguerreauMali,February11,2013,availableat
http://www.afrik.com/charliehebdoconfirmevivendiestunacteurmajeurdelaguerreaumali(accessed6March2013),
andMustaphaMay,CharlieHebdo:MarocTelecom,bigearsofFranceinMali,availableat,
http://www.moroccomirror.com/index.php/politicsnews/item/167charliehebdomaroctelecombigearsoffrancein
mali?tmpl=component&print=1,(21February2013).
46
Reflets.com,Amesys:unFingerdePopCornpourleCroco,availableathttp://reflets.info/amesysunfingerdepopcorn
pourlecroco/(accessed20February2013).
47
PaulSonneAndMargaretCoker,FirmsAidedLibyanSpies,availableat,
http://online.wsj.com/article/SB10001424053111904199404576538721260166388.html(accessed20February2013).
MOROCCO

personnel for the use of such sophisticated spyware. The software, called Pop Corn, is used to
monitor emails, Skype conversations, and other kinds of encrypted materials.
In addition to surveillance and malware attacks, online news portals that express dissenting voices
are subject to continuous cyberattacks. Activists have admitted that, in order to maintain a
functional news website, they must pay a substantial amount of money to maintain guards against
cyberattacks. For example, Hisham Almiraat,48 the co-founder of Mamfakinsh.com and one of the
leaders of the February 20th Movement, stated that in July 2011 his website was subjected to a
cyberattack by a sophisticated computer virus. The site administrator had received an e-mail
through the pages contact form that seemed to contain promising journalistic leads, such as videos
of police scandals. An investigation into the source and nature of the virus revealed that it was a
Trojan Horse developed by a company in Milan, Italy. The virus downloads itself and hides among
files, reading keystrokes and taking control of the keyboard and webcam at will.
The company refused to disclose its list of clients and there is no direct evidence that can link the
state to such a purchase. However, prices for this type of software range in the hundreds of
thousands of dollars, thereby ruling out private individuals. There is only circumstantial evidence,
Almiraat said in an interview, but it leads to one and only one conclusion; the state is the only
entity that has the financial power and the political motivation to target websites who publish
dissenting content.
48
InterviewwithHishamAlmiraat,conductedFebruary13,2013.Almiraat,amedicaldoctorbyprofession,istheadvocacy
directorforGlobalVoices,andaprominentdigitalactivistinMoroccoandabroad.
MOROCCO
NIGERIA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
12
9
12
33
10
8
13
31


Access to ICTs improved notably thanks to increasing investments in ICT
infrastructure and growing competition between telecom service providers (see
Stakeholders regarded recent GSM license auctions as fair, transparent, and
uninfluenced by political interference (see OBSTACLES TO ACCESS).
Online self-censorship declined markedly after January 2012 Occupy Nigeria protests,
and criticism of the government on social media increased (see LIMITS ON CONTENT).
A draft Lawful Interception of Communications Regulation, introduced in February
2013, was criticized for potentially infringing on citizens constitutional right to
privacy and lacking safeguards or redress in case of abuse (see VIOLATIONS OF USER
RIGHTS).
An early 2013 news report said the federal government had contracted an Israeli
company to help monitor internet communications; the 2013 budget also contained
provisions to purchase monitoring and surveillance systems (see VIOLATIONS OF USER
RIGHTS).
NIGERIA

INTRODUCTION
Access to the internet and other digital technologies is still limited for many Nigerians, though
information communication technologies (ICTs) and internet penetration have continued to spread
across the country due to the growth of mobile phone usage and data services over the past few
years. Greater private sector and government investments in ICT infrastructure and increased
competition between service providers have also played a key role, while stakeholders regarded
recent GSM license auctions as fair, transparent, and uninfluenced by political cronyism. In 2012,
the Ministry of Communication Technology set up a presidential committee tasked with the
development of a National Broadband Plan that seeks to increase Nigerias broadband penetration
five-fold by 2018.1
Compared to the traditional media sphere in Nigeria, online media is relatively free from
restrictions, and there were no known incidents of government filtering or interference with online
content in the past year. Self-censorship has notably reduced since the January 2012 Occupy
Nigeria protests, and people now freely discuss issues that were previously unpopular or taboo,
such as gay rights. However, in January 2013, the Blue Coat PacketShaper appliancea device that
can help control undesirable trafficwas discovered on several private ISPs in Nigeria, though the
details of why the technology is being deployed and by whom are unknown.
Nigerian users became increasingly suspicious of online censorship and surveillance during the
coverage period, even as the government continued its push to make ICT tools more available to
citizens. Suspicions of government intentions to monitor ICTs were confirmed in April 2013 when
the online newspaper, Premium Times, published a news report revealing that the federal
government had awarded a secret contract to Israel-based Elbit Systems to help monitor internet
communications in Nigeria.2 Citizen Lab research also found a FinFisher command and server,
which communicates with malware that can be used for surveillance, located on a private ISP in
April 2013.
During the coverage period, the government increased its criticism of published materials online
and social media discourse through dedicated staff monitors and commentators. Legislative
discussions on cybercrime also expanded in 2012 to reflect the countrys heightened security
threats, and a draft law now focuses on cyber security. Proposed legislation with possible clauses
that may affect internet freedom in Nigeriasuch as the draft 2011 Cybersecurity Bill and a new
Draft Lawful Interception of Communications Regulation introduced in February 2013were still
under discussion at the National Assembly as of mid-2013.
NigeriasNationalBroadbandPlan20132018,accessedJune15,2013,http://bit.ly/18DUPsQ.
OgalaEmmanuel,EXCLUSIVE:JonathanAwards$40MillionContracttoIsraeliCompanytoMonitorComputer,Internet
CommunicationbyNigerians,PremiumTimes,April25,2013,http://bit.ly/12K1rUR.
NIGERIA

OBSTACLES TO ACCESS
Internet access in Nigeria has grown exponentially in recent years, particularly after the
introduction of mobile phone data and Fixed Wireless Access (FWA) services in July 2007.3 In
2012, internet penetration stood at 33 percent, up from 28 percent in 2011, according to the
International Telecommunications Union (ITU).4 The number of active mobile phone subscribers
also increased from almost zero in 2000 to over 117 million subscribers or 84 percent penetration
in March 2013, as reported by the Nigerian Communications Commission (NCC).5 The latest ITU
data notes nearly 113 million mobile phone subscriptions and a mobile phone penetration rate of 68
percent in 2012, up from 57 percent in 2011.6
Mobile internet subscriptions have also steadily increased in the past few years, reaching a
penetration rate of 26 percent in 2012, according to an October 2012 report published by iHub
Research.7 This growth has been enabled by specific handsets such as Nokias range of smartphones
and BlackBerry devices that provide bundled data services to mobile subscribers. The number of
BlackBerry users appears to be growing, particularly among young Nigerians, as service prices have
dropped to about US$17 a month as of January 2013. Competition, helped by the Mobile Number
Portability initiative launched in April 2013, has forced service providers to offer cheaper plans
based on time (daily, weekly, or monthly) or use (social media-focused or messaging).
Nevertheless, the quality of service remains poor, with users frequently complaining about their
inability to enjoy data services.
Although many providers use the word broadband in their promotional materials, in practice
there is limited broadband service available in Nigeria. The latest statistics reported by the Ministry
of Communication Technology cite a broadband penetration rate of 6 percent as of December
2012,8 with average broadband download speeds of 2.26 Mbps and upload speeds of 1.57 Mbps.9
Recognizing the importance of ICTs for economic development, the communication ministry set
up a presidential committee in September 2012 tasked with the creation of a national ICT policy
and broadband plan that aims to increase Nigerias broadband penetration five-fold by 2018.10
FixedWireAccess(FWA)isatypeofhighspeedinternetaccessthatusesradiosignalsasaconnectiontoserviceproviders
insteadofcables,enablingareasthatlackfiberopticcablesorDSLtoaccessbroadbandinternet.
4
5
SubscriberDataMonthlySubscriberData,NigerianCommunicationsCommission,accessedJune13,2013,
http://www.ncc.gov.ng/index.php?option=com_content&view=article&id=125&Itemid=73.
6
7
AnAnalysisMobileTechnologyinWestAfrica:TheCaseofNigeria,GhanaandCoteDIvoire,iHubResearch,October2012,
http://www.research.ihub.co.ke/uploads/2012/october/1351001605_819_249.pdf.
8
EmmaOkonji,NigeriaTargets20%BroadbandPenetrationin2013,ThisDayLive,December17,2012,
http://www.thisdaylive.com/articles/nigeriatargets20broadbandpenetrationin2013/133769/.
9
Nigeria,NetIndex,accessedFebruary16,2013,http://www.netindex.com/download/2,59/Nigeria.
10
OlubunmiAdeniyi,NigeriatoYieldDividendsofBroadbandWithinShortestPossibleTime,CoChairofPresidential
BroadbandTeamAssures,TechnologyTimes,December18,2012,http://bit.ly/18Gnjl4.
NIGERIA

Nevertheless, access to ICTs is characterized by a large urban-rural divide. According to a Gallup
poll published in August 2012, 39 percent of urban Nigerians said they had used the internet in the
last week, compared to 16 percent of those living in rural areas.11 Low literacy rates are also an
obstacle to access, with 28 percent of the population illiterate in English, the main language used by
Nigerian online news outlets and blogs.12
High costs are another major impediment to internet access. While increased competition among
service providers has made the cost of access more affordable for many Nigerians, the countrys
average minimum wage still stands at about US$115 per month.13 FWA services cost an average of
$65 per month (a decrease from $80 in 2010), and only about 9 percent of the Nigerian population
reported having a computer in the household.14 As of January 2013, the price for internet use in a
cybercafe cost about $0.64 per hour, down from $1 in 2011, though cybercafes have seen a sharp
decline in patronage in recent years due to expanding mobile internet usage enabled by the
decreasing cost of data plans on GSM network. In 2012, the average cost of a GSM plan dropped
from $1 per megabyte of data in 2011 to $0.30, and 26 percent of individuals surveyed in a 2012
Gallup poll who had used a mobile phone in the week prior had used it to access the internet.15
In addition to cost, power cuts continue to disrupt service and access, with many users reporting
the need to use private generators to stay online during outages. While the countrys electricity
supply improved notably in 2012, it saw a huge decline in 2013 and Nigeria is still reportedly the
largest importer of private power generators in Africa, despite the countrys status as an oil-rich
country.16 Telecommunication companies also depend on diesel-powered generators to maintain
consistent service amid sporadic power cuts, spending an estimated NGN 177 billion ($1.14
billion) annually on fuel for the generators needed to provide back-up power for the countrys
22,000 base stations.17 Moreover, the need to pay for expensive backup power generators has
accelerated the closure of cybercafes that were already struggling with competition against the
growing popularity of internet access via mobile devices.
In March 2007, the government established the Nigerian Internet Exchange Point as a means of
connecting internet service providers (ISPs) to one another; it had 38 members as of December
2012.18 Several telecommunications companies have also migrated to private fiber-optic cable
projects, such as Glo-1 and MainOne, the latter of which provides connectivity for 21 ISPs,
11
BroadcastingBoardofGovernors,NewBBGGallupDataShowsDramaticRiseInMobileUseInNigera,video,August20,
2012,http://www.bbg.gov/pressrelease/newbbggallupdatashowsdramaticriseinmobileuseinnigeria/.
12
AtaGlance:NigeriaStatistics,UnitedNationsChildrensFund(UNICEF),lastmodifiedMarch2,2010,accessedJune29,
2012,http://www.unicef.org/infobycountry/nigeria_statistics.html.
13
MinimumWage,NigeriaMinimumWage,LaborLaw,andEmploymentDataSheet,InternationalMinimumWageRates
2013,accessedJanuary31,2013,http://www.minimumwage.org/international/en/Nigeria.
14
BroadcastingBoardofGovernors,NewBBGGallupDataShowsDramaticRiseInMobileUseInNigeria.
15
BroadcastingBoardofGovernors,NewBBGGallupDataShowsDramaticRiseInMobileUseInNigeria.
16
ClaraNwachukwu,NigeriaMaintainsLeadinGeneratorImportsinAfrica,Vanguard,January10,2011,
http://www.vanguardngr.com/2011/01/nigeriamaintainsleadingeneratorimportsinafrica%E2%80%A6/.
17
AmakaEze,BaseStationsGulpN178bnWorthofDieselAnnually,ThisDayLive,August27,2012,
http://www.thisdaylive.com/articles/basestationsgulpn178bnworthofdieselannually/123273/.
18
InternetExchangePointofNigeria,OurMembers,accessedDecember13,2012,
http://www.nixp.net/index.php?option=com_content&view=article&id=13&Itemid=13.
NIGERIA

telecommunication companies, banks and other corporate entities in Nigeria and Ghana.19
However, the reduced cost of a cable connection over satellite has yet to be passed on to
consumers.
The ICT market in Nigeria has expanded considerably over the past decade, with the number of
licensed ISPs rising from 18 in 2000 to 139 (28 of which have licenses in need of renewal20) by the
end of 2012. There are also 11 FWA providers,21 and four GSM mobile phone operators that
provide internet access to their subscribers.22 Nevertheless, the growth of ISPs and FWA providers
has slowed in recent years with the rise in mobile access. As of March 2013, the four privatelyowned GSM companies had a total of 114 million subscribers between them, MTN with 51
million, compared to Globacoms 24 million, Airtels 24 million, and Etisalats 15 million.23
Furthermore, the process of issuing GSM licenses has been very transparent. Unlike similar
auctions that have been subject to political interference, most stakeholders regarded the first and
subsequent GSM license auctions as fair, and friends of prominent politicians, who are usually
recipients of such licenses, lost out in the process.
The only government-owned firm in the market, NITEL, is now inactive, with 58,750 landlines
and 258,520 mobile lines. It has remained on the governments privatization list for several years
following multiple attempts to sell it. In February 2009, Transcorp, a local conglomerate with
strong ties to the government, relinquished the 51 percent stake that it had acquired in 2006,24 and
in February 2010, New Generation Telecoms, a consortium that includes China Unicom, won a
controversial bid to purchase the company.25 The president initiated an investigation in response to
allegations of corruption surrounding the purchase, but the findings have not yet been published.26
As of 2013, NITEL remained on the governments list of to-be-sold companies.
Internet services are governed by the Nigerian Telecommunications Act, which vests regulatory
responsibilities in the NCC. All ISPs must obtain a license from the NCC to operate, and there have
been no reports of any ISP being denied a license or registration renewal. However, new ISPs
19
OurClients,MainOneCableCompany,accessedDecember23,2012,http://www.mainonecable.com/ourclients.
All11FWAprovidershaveexpiredlicensesaccordingtotheNCCwebsite,whichcouldmeanthatrenewedlicensedetails
haveyettobeuploadedtothewebsite,orthattheregulatorisintheprocessofrenewinglicenses.See:Nigerian
CommunicationsCommission,InternetServices,accessedDecember31,2012,
http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=326&Itemid=.
21
NigerianCommunicationsCommission,FixedWirelessAccess,accessedDecember31,2012,
http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=4&Itemid=53.
22
NigerianCommunicationsCommission,DigitalMobileLicense,accessedDecember31,2012,
http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=2&Itemid=53.
23
NigerianCommunicationsCommission,OperatorData,accessedDecember31,2012.
http://www.ncc.gov.ng/index.php?option=com_content&view=article&id=70&Itemid=76.
24
NITELBoardRatifiesAppointmentofChairman:AboutNITEL,Transcorp,September24,2008,
http://www.transcorpnigeria.com/corporatecom/archives.php?page=fullstory&nid=60;BetrandNwankwoandJulietAlohan,
Nigeria:TranscorpRelinquishes51PercentEquityShareinNitel/Mtel,LeadershipviaAllAfrica,February26,2009,
25
CamillusEboh,NewGenerationTelecomsAcquiresNITEL,Reuters,February16,2010,
http://234next.com/csp/cms/sites/Next/Home/5527697146/new_generation_telecoms_acquires_nitel_.csp.
26
CamillusEboh,NigeriaCabinetSackingDelaysNitelsale,Reuters,March19,2010,
http://www.reuters.com/article/idUSLDE62I0WS20100319.
20
NIGERIA

seeking to enter the market have faced challenges in their operations due to competition from
larger ISPs and investor focus on the mobile sector.
Although the government nominates the NCCs nine-member board of commissioners, the
regulators decisions have been viewed as relatively independent. Nevertheless, in November
2012, the NCC executive commissioner Dr. Bashir Gwandu was removed from the board under
controversial circumstances after he revealed the details of an alleged frequency racketeering
scheme that involved the sale of a frequency slot belonging to the Nigeria Police to a private firm.
The federal government commissioned a joint NCC board and Ministry of Communication
Technology investigation, which declared Gwandus claims as unfounded.27 According to the
government, the executive commissioner was removed from his post for insubordination to the
current leadership of the nations telecoms regulatory agency.28
LIMITS ON CONTENT
No blocking or filtering of online content was reported during the coverage period, though
evidence surfaced in the governments proposed 2013 budget indicated its potential desire to
manipulate the online communications landscape. Calls to clampdown on the use of social media
made by government officials in mid-2012 also increased fears of impending internet censorship.
Online media has been relatively free from restrictions in Nigeria, and to date, the authorities have
not carried out any blocking or filtering of content, mainly due to the complex nature of Nigerias
internet framework, which makes it difficult to carry out systematic filtering or censorship.29
Nevertheless, in January 2013, the Citizen Lab internet research group discovered evidence of the
Blue Coat PacketShaper appliancea device that can help control undesirable traffic sent via online
applications by filtering according to content categoryin Nigeria alongside 18 other countries
around the world, including China, Bahrain, and Russia. While the device was traced to a private
suburban network,30 its discovery in Nigeria is disconcerting given recent revelations of the
governments intent to install a monitoring and surveillance system (see Violations of User
Rights).
Otherwise, the last report of ICT disruption occurred on May 29, 2011, when residents of the
capital city, Abuja, reported that telecommunication services were inaccessible in certain areas.31
27
Interview:IBlewWhistleonFrequencyRacketeeringinNCC,GwanduSays,TechnologyTimes,October14,2012,
http://www.technologytimesng.com/news/2012/10/6951/.
28
FederalGovernmentfiresGwandufromNCC,TechnologyTimes,November28,2012,
http://www.technologytimesng.com/news/2012/11/federalgovernmentfiresgwandufromncc/.
29
AccordingtothelaststudybytheOpenNetInitiative(ONI)conductedin2007,severalwebsiteswereinaccessible
surroundingthe2007presidentialelectionsduetotechnicalproblems,notgovernmentintervention.OpenNetInitiative,
InternetFilteringinNigeria,October1,2009,http://opennet.net/research/profiles/nigeria;OpenNetInitiative,Internet
WatchReport:The2007PresidentialElectionsinNigeria,November2007,http://opennet.net/research/bulletins/014.
30
DiscussionbetweenaFreedomHouseconsultantandCitizenLab.
31
Whiletheincidentwasnotconfirmedorreportedbythemainstreammedia,variousblogscoveredthestory,withablogpost
byITNewsAfricareportingquotesfromNCCrepresentativesandtheVisaphoneserviceproviderthatcitedsecurityreasons
behindtheisolatedtelecomshutdown.Thereportedshutdowncoincidedwiththeinaugurationofthepresident,andthere
NIGERIA

Some ISPs have been known to block access when users infringe on laws by downloading
copyrighted content, but this has often been done to manage network traffic rather than to protect
intellectual property.
The video-sharing website YouTube, social-networking site Facebook, microblogging application
Twitter, and various international blog-hosting services are freely available and among the most
popular websites in the country. According to the website rating company Alexa, the ten most
popular websites in Nigeria in 2012 were Facebook,32 Google Nigeria, Google, Yahoo, YouTube,
Twitter, Blogspot, Twitter, Nairaland, an online discussion forum, the 302 Found web search
service, and the Vanguard.33 Three other Nigerian websites were cited in the top 20Punch
newspaper at number 13, GTBank at number 15, and LindaIkeji, (a gossip news site) at number 20.
Government manipulation of online content has not been a huge issue in Nigeria, though in June
2009, reports emerged that the Nigerian government planned to invest in sponsoring progovernment websites and blogs.34 In practice, it has been difficult to confirm whether the plan has
been implemented; however, a sharp increase in the volume of government responses to citizen
comments, participation in debates, and opinion pieces on government positions through online
media was observed in 2012. In addition, the government seems intent on creating its own social
media tools, as indicated by Nigerias 2013 budget proposal,35 in which the information ministry
had made provisions to spend 100 million naira ($623,000) for developing social media platforms
and networking with other platforms.36
Meanwhile, websites, blogs, and commentators are generally divided among those with
antigovernment, progovernment, and neutral leanings. Web commentary appeared to tilt against
the government in January 2012 during the Occupy Nigeria demonstrations, but there has been a
more balanced set of discussions since then, with many online commentators moving the
conversation towards socioeconomic issues in place of polarized debates. Furthermore, online selfcensorship has reduced notably since the January 2012 protests, and people now freely discuss
issues that were previously unpopular or taboo, such as gay rights. Criticism of the government on
social media has also increased, as have responses from government representatives.
Nevertheless, there is some indication that the government is beginning to feel threatened by
critical online commentary. On July 26, 2012, the President of the Senate of the Federal Republic
wereclaimsofapossiblebombexplosionfollowingasimilareventduringthecountrysindependenceanniversarycelebration
inOctober2010.See,CharlieFripp,NigeriansAngryOverAbujaTelecomShutdown,ITNewsAfrica,May31,2011,
http://www.itnewsafrica.com/2011/05/nigeriaangryoverabujamobileshutdown.
32
AsofDecember2012,therewereoversixmillionFacebookusers.NigeriaFacebookStatistics,Socialbakers,accessed
December29,2012,http://www.socialbakers.com/facebookstatistics/nigeria.
33
TopSitesinNigeria,Alexa,accessedJanuary4,2013,http://www.alexa.com/topsites/countries/NG.
34
SokariEkine,NigeriaGovernmentLaunchesAttackAgainstBloggers,GlobalVoices,June25,2009,
http://advocacy.globalvoicesonline.org/2009/06/25/nigeriagovernmentlaunchesattackagainstbloggers/;UmaruYaradua
RegimeLaunches$5MillionOnlineWar,SaharaReporters,June16,2009,http://www.saharareporters.com/news
page/umaruyar%E2%80%99aduaregimelaunches5milliononlinewar.
35
NewProjects,inMinistryofInformation2013Budget(Appropriation),FederalRepublicofNigeria,accessedJune29,2013:
10,http://www.budgetoffice.gov.ng/2013%20appropriation/Copy%20of%2018.%20Summary_Information.pdf.
36
ToluOgunlesi,SocialMediaLessonsforGovtsandBusinesses,Punch,February12,2013,
http://www.punchng.com/opinion/socialmedialessonsforgovtsandbusinesses/.
NIGERIA

of Nigeria, third in command after the president and vice president, called for a clampdown on the
use of social media in Nigeria while speaking at a media retreat.37 Government representatives from
the Oyo State House of Assembly made similar declarations in 2012. These statements drew
reactions from citizens who viewed these statements as signs of impending online censorship,38
leading the director general of Nigerias National Orientation Agency to publicly announce in
January 2013 that the government would not restrict social media.39
There has also been some government interference in the economic aspects of online news
publishing. For example, in 2011, the leading critical online newspaper, 234Next, folded in part
due to a refusal to provide advertising by government or progovernment businesses. In 2013,
government patronage is still evident and is reputed to be the largest source of business contracts
that companies depend for financial sustainability.
Nigeria is home to a diverse blogosphere, with entertainment blogs drawing the most readers and a
growing number of Nigerians blogging about their personal lives or social issues. Blogs have
gradually emerged as an important platform for discussion and a source of reliable news for many
users, providing a space for lengthy debate among online commentators. Readers often leave
comments on popular news-oriented blogs to express frustration with societal issues. The Nigerian
blogosphere includes both expatriates and locally-based writers, and the popular platforms on
which Nigerian bloggers interact and learn from one another include Global Voices, Blogger,
Afrigator, and WordPress. The presidents Facebook page has also become a major avenue through
which citizens comment on public issues, and Twitter plays a prominent role in debates around
events as they happen, with government ministers often hosting Twitter chats with the public.40
In addition, ICTs are playing an increasingly important role in mobilizing people for real life
protests and providing updates on unfolding events. Online citizen activism in Nigeria was
particularly evident in December 2012 when the Nigerian Youth Climate Action Network and
Human Rights Watch released a joint statement announcing that the Nigerian governments failure
to produce promised funding to address the worst lead poisoning outbreak in modern history is
leaving thousands of children to die or face lifelong disability.41 The statement was intended to
hold the government accountable to its May 2012 pledge of $4 million to clean up locations in
Zamfara state that had been contaminated with lead during gold mining operations. The groups
initiated a social media campaign, asking Nigerians to sign a petition and leave comments on the
presidents Facebook page,42 while also using Twitter to demand that the government release the
37
LekeBaiyewu,SocialMediaUsersCarpetMarkonCallforCensorship,Punch,July29,2012,
www.punchng.com/news/socialmediauserscarpetmarkoncallforcensorship/.
38
AkinwaleAboluwade,AssemblySeeksLawAgainstAbuseofSocialMedia,November2,2012,Punch,
http://www.punchng.com/news/assemblyseekslawagainstabuseofsocialmedia/.
39
PaulAdepoju,GovernmentWillNotRestrictSocialMediainNigeriaNationalOrientationAgency,Humanipo,January11,
2013,http://bit.ly/11m3uz0.
40
[TownHallChat]NigerianYouthMinisterOnTwitter@35pmToday,Tekedia,September8,2011,
http://tekedia.com/21375/townhallchatnigerianyouthministertwitter35pmtoday/.
41
HumanRightsWatch,Nigeria:DeathStalkingLeadPoisonedChildren,newsrelease,December6,2013,
http://www.hrw.org/news/2012/12/06/nigeriadeathstalkingleadpoisonedchildren.
42
HumanRightsWatch,AskNigeriasPresidentWhatHappenedto$4Million,December6,2012,
http://www.hrw.org/news/2012/12/06/asknigeriaspresidentwhathappened4million.
NIGERIA

promised funds.43 These campaigns caught the attention of the Senate Committee Chair on Ecology
and Environment who visited the contaminated community himself and used his Twitter platform
to add further pressure on the government to take action. The government released the funds two
days after the campaign was launched, demonstrating the potential power of social media in
Nigeria.

Legislative discussions on cybercrime were expanded in 2012 to reflect the countrys heightened
security threats, and proposals were drafted to deal with cybersecurity and lawful interception. Still
under discussion as of mid-2013, the draft laws have elicited concerns over how they may limit
internet freedom in Nigeria. The most concerning development in the past year involved
revelations in April 2013 that the government had invested in monitoring and surveillance
technology and the discovery of a FinFisher command server located on a private ISP.
Nigerias 1999 constitution guarantees freedom of expression and of the press, and the lack of
internet-specific legislation has generally fostered an open environment for online activities.
Nonetheless, the countrys legal framework was revised in 2011 to reflect the use of new media
technologies through Section 84(1) of the 2011 Evidence Act, which provides for the admission of
statements in documents produced by computers and electronic signatures as evidence in court. 44
Libel also remains a criminal offense in Nigeria, with the burden of proof resting on the defendant.
Journalists covering sensitive issues such as official corruption, the presidents health, and
communal violence are regularly subjected to criminal prosecution, though such cases have yet to
arise for online expression. Furthermore, the implementation of Sharia or Islamic law in 12
northern states has not affected internet freedom to date.
In November 2011, the office of the National Security Advisor and the Attorney General drafted
the Cybersecurity Bill, revising the earlier Cyber Security and Information Protection Agency Bill,
which had provisions that could restrict users rights to free expression and privacy by allowing
security officials to apprehend and prosecute users based on suspicion and without a court order.
Taking into account feedback from citizens and stakeholders in the Nigerian ICT sector, the revised
bill reduced the powers granted to security officers by requiring a court order for the seizure of any
equipment and for arrests based on suspicion. The draft bill passed a second reading in the House of
Representatives in November 2012.45
43
JaphethOmojuwa,#SaveBagega:PresidentJonathanhasMoved,TimeforDr.OkonjoIwealatoShakeThings,YNaija,
January30,2013,http://www.ynaija.com/japhethomojuwajonathanhasmovedtimeforokonjoiwealatoshakethings
savebagegayfrontpage/.
44
EvidenceAct,2011,NationalAssembly,FederalRepublicofNigeria,accessedJanuary14,2013,
http://www.scribd.com/doc/86359478/EvidenceAct2011
45
PaulAdepoju,NigerianCybercrimeBillPassedforSecondReading,Humanipo,November29,2012,
http://www.humanipo.com/news/2618/Nigeriancybercrimebillpassedforsecondreading.
NIGERIA

Meanwhile, many fear that the draft 2010 Lawful Interception of Information Bill,46 which was still
being deliberated in the National Assembly as of May 2013, may include provisions that will allow
voice and data monitoring. In February 2013, the NCC introduced a new draft Lawful Interception
of Communications Regulation,47 which seeks to accomplish through secondary legislation what the
2010 bill has been slow to achieve. Still under discussion in May 2013, the regulation was criticized
for potentially infringing on the constitutional right to privacy, in addition to a lack of safeguards
against abuse or opportunities for redress, and unclear supervisory and reporting provisions.48
There are no restrictions on anonymous communication online in Nigeria, though SIM card
registration with service providers has been required since June 2009.49 The process of registering
existing SIM cards extended through mid-2012, after which point service providers were required
to cut off unregistered users. Cybercafes, on the other hand, do not require customers to register
or present any form of identification to go online, and monitoring software installed on their
computers is used only for billing purposes.
Thus far, the Nigerian security services have not appeared to proactively monitor internet and
mobile phone communications, but many online journalists have long suspected that they are being
monitored by the state. Suspicions of government intentions to monitor ICT communications were
confirmed in April 2013 when the online newspaper, Premium Times, published a news report
revealing that the federal government had awarded a secret contract to Israel-based Elbit Systems to
help monitor internet communications in Nigeria.50 This finding was further corroborated by
publicly available details of Nigerias 2013 budget, in which the Office of the National Security
Adviser requested $61 million for a wise intelligence network harvest analyzer system, open
source internet monitoring system, personal internet surveillance system and encrypted
communication equipment.51 Citizen Lab research also found a FinFisher Command and Control
server, which communicates with malware that can be used for surveillance, located on a private
ISP in April 2013.52 Nevertheless, the extent to which such surveillance systems have been
implemented have yet to be established in May 2013.
46
InternationalLawOffice,InterceptingPrivateCommunications,March7,0212,
http://www.internationallawoffice.com/newsletters/detail.aspx?g=b24e48afd4244bd4b52652278a2e6d34#proposed.
47
NigeriaCommunicationsCommission,DraftLawfulInterceptionofCommunicationRegulations,accessedFebruary10,
2013,http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=328&Itemid;OjoMadueke,
Revealed:SSS,PoliceHavePowerstoTapPhoneLines,ThisDayLive,January30,2013,
http://www.thisdaylive.com/articles/revealedssspolicehavepowerstotapphonelines/137851/;MindThatConversation:
SecurityOperativesToTapPhones,TrackEmail,Naij,February5,2013,http://m.naij.com/news/22640.html;KenNwogbo,
SSS,PoliceGetPowerstoTapPhones,NigeriaCommunicationsWeek,January29,2013,
http://www.nigeriacommunicationsweek.com.ng/telecom/ssspolicegetpowerstotapphones.
48
KunleAzeez,ConcernsOverProposedLawfulInterceptionLaw,NationalMirrorOnline,May23,2013,
http://nationalmirroronline.net/new/concernsoverproposedlawfulinterceptionlaw/.
49
NigerianCommunicationsCommissionandNationalIdentityManagementCommission,Design,DevelopmentandDelivery
ofSIMCardRegistrationSolution,June15,2009,http://www.ncc.gov.ng/Archive/Headlines/SIM_Registration_RFP.pdf.
50
OgalaEmmanuel,EXCLUSIVE:Jonathanawards$40MillionContract.
51
ResearchandDevelopment/OngoingProjects,inOfficeoftheNationalSecurityAdviser2013Budget(Appropriation),
FederalRepublicofNigeria,accessedJune29,2013:10,
http://www.budgetoffice.gov.ng/2013%20appropriation/37.%20Summary_ONSA.pdf.
52
MorganMarquisBoireetal.,ForTheirEyesOnly:TheCommercializationofDigitalSpying,CitizenLab,May1,2013,
https://citizenlab.org/2013/04/fortheireyesonly2/.
NIGERIA

Meanwhile, according to the Guidelines for the Provision of Internet Service published by the
NCC, ISPs are required to cooperate with law enforcement and regulatory agencies in providing
any service related information including information regarding particular users and the content
of their communications during investigations of cybercrime or other illegal activity.53 No details
are provided in the guidelines regarding the oversight mechanisms required to prevent government
authorities from acquiring free access to user information. The guidelines also stipulate that ISPs
must retain user data and the content of user messages or routing data for at least 12 months.54
There are no clear provisions on what the NCC expects of mobile phone companies.
While the constitution protects freedom of expression and of the press, the state often uses
arbitrary and extralegal measures to suppress political criticism in the traditional media. The
Nigerian authorities have a history of arresting and intimidating traditional media workers, and at
least ten journalists have been killed in connection with their work since 1998.55 In addition, there
is a culture of impunity for crimes against media workers, though there have been no reports of
individuals being sentenced to prison or physically attacked for their online activities.
Cyberattacks have increased in Nigeria, though most of the attacks have been against government
websites and carried out by the Naija Cyber Hacktivists,56 a group that has claimed responsibility
for almost all cyberattacks to date. In 2012, cyberattacks against government websites reportedly
increased by 60 percent, up from 10 percent in 2010,57 with a total of 38 websites defaced by
hackers.58 Private sector websites such as those of an airline, a sugar processing company, and the
Labour Union were also hacked in 2012,59 with most of the messages left on the defaced websites
aligning with citizen protests.
In response to growing instances of cybercrime in Nigeria, the government has increased its
measures to crackdown against criminal activity online. A 2011 Ernst & Young report found that
the countrys unchecked cybercrime imposes costs on the Nigerian economy to the tune of $200
million per year from cyberattacks alone.60 In February 2013, the Nigerian House of
Representatives put forth a proposal to amend the 2004 criminal and penal codes to place strict
penalties on cybercrime, prescribing fines ranging from 5 to 25 million naira for offenders and jail
53
GuidelinesfortheProvisionofInternetServicePublishedbytheNigerianCommunicationsCommission,accessedJune27,
2013;2http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=62&Itemid=53.
54
GuidelinesfortheProvisionofInternetServicePublishedbytheNigerianCommunicationsCommission,3.
55
CommitteetoProjectJournalists,10JournalistsKilledinNigeriasince1992/MotiveConfirmed,
accessedJanuary30,2013,https://www.cpj.org/africa/nigeria/.
56
RichardEssien,EFCC&NCCWebsitesHacked,DailyTimes,October29,2011,http://dailytimes.com.ng/article/efccncc
websiteshacked.
57
CyberAttacksAtNigerianGovernmentWebsitesIncreasedBy60%In2012,TechLoy,January17,2013.
http://techloy.com/2013/01/17/nigeriangovernmentwebsitescyberattackreport.
58
ThehackedwebsitesincludedthoseofMinistryofTransport,NationalAgencyforFoodandDrugAdministrationandControl,
EconomicandFinancialCrimesCommission,NigerianArmyEducationCorp,CentralBankofNigeria,NigeriaPolice,Ministryof
Science&Technology,Navy,DefenseHeadquarters,StateSecurityService,NewsAgencyofNigeriaandNationalExaminations
Council.
59
NLCWebsiteHackedoverBotchedOccupyNigeriaProtest,Ogala,January27,2012,
http://ogala.wordpress.com/2012/01/27/nlcwebsitehackedover/.
60
BenUzorJr,NigeriaNowAttractivetoCyberCriminalsErnst&Young,BusinessDay,September27,2011,
http://bit.ly/nPlzg7.
NIGERIA

terms between 2 and 15 years.61 The Ministry of Justice resisted the proposed amendments,
advising that a comprehensive executive bill on cybercrimes would be a better approach than
amending the criminal and penal codes.62 Meanwhile, broader conversations on issues of cybersecurity have also focused on how to protect internet freedom.
Nevertheless, at the ITUs World Conference on International Communications in Dubai in
December 2012, Nigeria joined countries such as Russia, China, and the United Arab Emirates in
signing a proposal that sought to extend the International Telecommunication Regulations to give
national governments regulatory jurisdiction over the internet.63 The proposal was not adopted due
to opposition from countries such as the United States, United Kingdom, Egypt, and Kenya out of
concern that that the regulations would threaten internet freedom.64
61
RepsProposeN25MillionFineAnd15YearJailTermForYahooBoys,Naij,February9,2013,
http://www.talkofnaija.com/news/132343_repsproposen25millionfineand15yearjailtermforyahooyahooboys
62
JohnAmeh,RepsBlockBidtoStopCriminalCodeHearing,Punch,February12,2013,
http://www.punchng.com/news/repsblockbidtostopcriminalcodehearing/.
63
WhoSignedTheITUWCITTreaty...AndWhoDidn't,TechDirt,December14,2012,
https://www.techdirt.com/articles/20121214/14133321389/whosignedituwcittreatywhodidnt.shtml.
64
CharlesArthur,InternetRemainsUnregulatedAfterUNTreatyBlocked,Guardian,December14,2012,
http://www.guardian.co.uk/technology/2012/dec/14/telecomstreatyinternetunregulated.
NIGERIA
PAKISTAN
2012
2013
NOT NOT
FREE FREE
19
20
18
20
27
Total (0-100)
63
67


In 2013, officials sought to systematize nationwide online content filtering, an effort
that was supposedly quashed in March 2012 (see LIMITS ON CONTENT).
Information authorities blocked YouTube and 20,000 other websites for anti-Islamic
content in 2012 (see LIMITS ON CONTENT).
The Pakistani Taliban claimed responsibility for critically wounding 15-year-old
blogger and activist Malala Yousufzai in October 2012 (see VIOLATIONS OF USER
RIGHTS).
Islamist activists bombed at least three cybercafs or mobile phone stores on moral
grounds in 2013 (see VIOLATIONS OF USER RIGHTS).
PAKISTAN

INTRODUCTION
Pakistan has seen an increase in citizen journalism and online activism in recent years, despite
numerous social and political obstacles to internet access. Successive military and civilian
governments have adopted various measures to control the internet in Pakistan, which they frame
as necessary for combatting terrorism and the preservation of Islam. However, censorship decisions
often reflect political motivesas coverage of political independence movements are consistently
censoredor the influence of religious extremists who believe information and communications
technologies (ICTs) spread obscenity. While internet penetration continued to improve in 2012
and early 2013, internet freedom in Pakistan looks increasingly precarious, a trend that could have
significant consequences for the countrys socioeconomic development.
Long-awaited general elections to the countrys national assembly took place just outside the
coverage period of this report on May 11, 2013, unseating the coalition led by the Pakistan People's
Party and its co-chair, President Zardari, who will remain in office until his term expires in
September 2013.1 The Pakistan Muslim League under Nawaz Sharif, a former prime minister,
formed the next government in June.
In the run-up to the polls, information restrictions were focused on maintaining security. An antiIslamic video on YouTube that sparked unrest around the Muslim world caused the government to
block access to the entire site in September 2012, followed by an additional 20,000 websites
deemed to contain offensive content. Authorities also blocked mobile phone networks throughout
major urban centers during many religious or national holidays. These supposed security measures,
while restricting ICT usage for hundreds of thousands of users, failed to curb the rate of violent,
often fatal attacks on journalists and internet users. Islamic militant groups targeted internet cafs
and mobile phone stores with explosive devices, and the Pakistani Taliban claimed responsibility for
the shooting of 15-year-old blogger and rights activist Malala Yousufzai in Swat, launching a
worldwide social media campaign of support for the teenager, who survived skull surgery and now
lives in the United Kingdom.
Legal measures also threatened digital rights, particularly over sensitive religious issues. At least
two of the 23 criminal investigations launched in 2012 under Pakistans strict blasphemy laws
which carry the death penaltyinvolved content sent by mobile phone. A Twitter spat escalated
into a defamation suit after a political website accused a religious leader of inciting hatred. And in
January 2013, the regulatory authority chairman Farooq Ahmed Khan announced that a blocking
mechanism to filter un-Islamic, pornographic, and blasphemous material from websites would be
activated in Pakistan within 60 days. Whether such technology is now in place, however, and how
closely it relates to a 2012 proposal by the National ICT Research and Development Fund for a
national internet firewall which was ostensibly scrapped due to public opposition, is unclearas
are the surveillance implications of the mechanism for private communications sent via ICTs. In
1
MoeenCheema,PakistanElectionsandtheChallengesFacingtheNewGovernment,AlJazeera,May13,2013,
http://www.aljazeera.com/indepth/opinion/2013/05/201351355212336147.html.
PAKISTAN

February 2013, the upper house of parliament passed the counter-terrorist Fair Trial Act 2012,
which allows security agencies to monitor electronic communications; though the surveillance
requires a judicial warrant, some fear the Acts broad wording leaves it open to abuse.
Despite a proactive defense of internet freedom by engaged civil society groups and their embrace
of online tools to promote electoral transparency,2 recent developments indicate a worrisome
movement from ad hoc censorship towards systematized filtering and monitoring that the
authorities preferred not to acknowledge before the international community. Subsequent to a
Universal Periodic Review of its human rights practices in late 2012, Pakistan was elected a
member of the United Nations Human Rights Council for 2013-2015.3 While its pledge to the
council supporting its candidacy referenced Pakistans free media and vibrant civil society, the
countrys UN mission made no mention of the internet at all, or its recent moves to curtail citizens
digital rights.4
OBSTACLES TO ACCESS
Internet penetration in Pakistan stood at 10 percent in 2012, according to the International
Telecommunications Union.5 A local report put the figure at 16 percent in mid-2013.6 Mobile
penetration was at 67 percent.7 Low literacy, difficult economic conditions, and cultural resistance
have limited the proliferation of ICTs in Pakistan.8 Poor copper wire infrastructure and inadequate
monitoring of service quality by the Pakistan Telecommunication Authority (PTA) have historically
stymied the expansion of broadband internet.9 While the cost of internet use has fallen considerably
in the last few years,10 access remains out of reach for the majority of people in Pakistan, and most
users go online at their workplace or school. Cybercafes are largely limited to major cities, and
recent news reports about employees stealing data to harass female clients online have contributed
to public perceptions that they are unsafe.
Better quality broadband services remain concentrated in urban areas like Karachi, Lahore,
Peshawar, Hyderabad, Faisalabad, and Islamabad. According to 2012 data, there are 50 operational
internet service providers (ISPs) throughout Pakistan, along with ten broadband service providers
2
FaisalKapadia,WatchdogSocialMediaMonitorPakistan'sHistoricElections,GlobalVoices,May9,2013,
http://globalvoicesonline.org/2013/05/09/watchdogsocialmediamonitorpakistanshistoricelections/.
3
UNHRCMembershipElections:CleanSlatesPermittedEmptyPledgesbyAsianState,ForumAsia,November13,2012,
http://www.forumasia.org/?p=15587.
4
UnitedNationsGeneralAssembly,NoteVerbaleDated28September2012fromthePermanentMissionofPakistantothe
UnitedNationsaddressedtotheSecretariat,October2,2012,http://www.un.org/ga/search/view_doc.asp?symbol=A/67/486.
5
http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.In2010,theITUindicatedaninternetpenetrationrateof17
percentbasedonestimatesbythePTA;theysubsequentlyreviseditto8percent.
6
30mInternetUsersinPakistan,HalfonMobile:Report,ExpressTribune,June24,2013,http://bit.ly/1cdIifE.
7
8
A.Khan,GenderDimensionsoftheInformationCommunicationTechnologiesforDevelopment(Karlstad:UniversityofKarlstad
Press,2011).AvailableatSSRN:http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1829989.
9
MuhammadJamilBhatti,BroadbandFacesObstaclesinPakistan,OhMyNews,December20,2006,
http://english.ohmynews.com/articleview/article_view.asp?at_code=381272.
10
IncentivePackage,KnowledgeManagement,accessedAugust2012,http://bit.ly/19Ke7fX.
PAKISTAN

and five hybrid fiber-coaxial operators providing broadband internet.11 All ISPs are controlled by
the government through the PTA. For its backbone, the country is connected via the governmentcontrolled Pakistan Internet Exchange with the SEA-ME-WE 3 and 4 cables,12 along with backup
bandwidth provided by TransWorld Associates.13 Local media reported under-sea fiber optic cables
sustaining damage in two separate incidents in March 2013, disrupting to up to 50 percent of the
countrys connections.14
Most remote areas lack broadband, while slow, intermittent connections render any meaningful
online activitiessuch as multimedia training for students and entrepreneurschallenging.
Conflict-stricken areas like Khyber Pakhtunkhwa (formerly North West Frontier Province) and the
Federally Administered Tribal Areas (FATA) have significantly reduced internet access.15 Pakistan
faced frequent electricity shortfalls throughout 2012,16 resulting in outages lasting several hours
across the country. The situation was particularly grim in rural areas where rolling blackouts
extended to as many as 20 hours a day.
In 2006, the government of Pakistan initiated the Universal Service Fund to promote access to ICT
services and broadband across the country.17 One of its core projects is the establishment of
universal telecenters in rural areas with populations above 5,000 that offer access to health,
education, and employment opportunities. However, contracts for building the centers were
cancelled without public explanation in 2012 and now are being re-auctioned, a sign that
bureaucracy is further slowing the rate of development.18
Bureaucratic hurdles have also slowed the development of 3G or 4G networks,19 and wireless
service providers using the high-capacity data network WiMax or high-speed broadband technology
EVDO, along with mobile operators Mobilink, Ufone, Telenor, Warid, and Zong have struggled to
attract consumers due to high prices and poor coverage. In late 2012, a National Assembly standing
committee declared the PTA had violated rules in auctioning 3G licenses.20 The prime minister
approved a new 3G policy for Pakistan and began auctioning contracts to service providers in
January 2013.21
The PTA is responsible for issuing licenses to telecommunications companies and internet and
mobile service providers through a bureaucratic process that includes hefty licensing fees.22 By
11
InternetFacts,InternetServiceProvidersAssociationofPakistan,lastupdatedApril26,2012,www.ispak.pk.
SEAMEWEistheSouthEastAsiaMiddleEastWesternEuropefiberopticsubmarinetelecommunicationscable
connectsthoseregions.SEAWEME4wascompletedin2005;SEAWEME3in2000.
13
CableandWirelessWorldwideWinsNewContractfromTransworldAssociatesforInternationalDataServices,Cableand
WirelessWorldwide,pressrelease,July21,2010,http://bit.ly/14TbEjq.
14
FarooqBaloch,UnderseaCableCutAffects50%ofPakistan'sInternetTraffic,March27,2013,http://bit.ly/14nTQ0q.
15
TayyebAfridi,RadioinFATA:AForeignVoiceforLocalProblems,ExpressTribune(blog),June3,2012,http://bit.ly/L9N3wy.
16
KhawajaAsifUrgesPeopletoBearLoadSheddingwithPatience,PakistanToday,June30,2013,http://bit.ly/17MtdoR.
17
MinistryofInformationTechnology,UniversalServiceFund,accessedJuly2013,http://www.usf.org.pk/.
18
MinistryofInformationTechnology,UniversalTelecentresPilotProject,accessedJuly2013,http://bit.ly/19Ke4k8.
19
Dr.BasitRiazSheikh,Bringing3GtoaCityNearYou,ExpressTribune,November22,2012,http://bit.ly/R1NKgX.
20
3GLicensesAuction:NACommitteeHoldsPTAResponsibleforRulesViolation,DawnNews,December31,2012,
http://dawn.com/2012/12/31/3glicensesauctionnacommitteeholdsptaresponsibleforrulesviolation/.
21
FawadKhan,3GinPakistantobeLaunchedinJanuary,AajTV,November16,2012,http://bit.ly/WdjXmS.
22
PakistanTelecommunicationsAuthority,FunctionsandResponsibilities,December24,2004,http://bit.ly/1bRmTNN.
12
PAKISTAN

contrast, internet cafes do not require a license to operate, and opening an internet cafe is relatively
easy.23 However, in January 2012, the provincial cabinet in Punjab approved a Net Cafe
Regulations Act (Punjab Cyber & Gaming Cafe Regulation Act 2012),24 which some analysts noted
would oblige cafe owners to register their businesses, among other requirements that could
potentially restrict user anonymity.25 The document was never made public, and after provincial
elections in May 2013 reshuffled the local administration, it was unclear when the regulations
would be implemented, or if other provinces would follow suit.
Pakistani authorities often deliberately obstruct ICT access in the southern province of Balochistan,
where a conflict between Baloch nationalists and state security forces or anti-separatist militias has
persisted since 1948. During the national March 25 Pakistan Day celebrations in 2012, mobile
service was cut in the entire province based on Interior Minister Rehman Maliks order to
implement national security policy, according to the chairman of the PTA.26 At least one local
official denied security concerns and characterized the shutdown as routine maintenance,27 but
many Baloch people saw the move as discriminatory.28
The same tactic was used throughout the year in cities facing possible security threats. PTA and
security officials partially suspended mobile networks in urban areas around the country for a
religious holiday in November 2012,29 during a religious procession in January 2013,30 to thwart
attacks on a political march on Pakistans capital city led by a reformist cleric, 31and on New Years
Eve and Eid-ul-Fitr.32 Civil society groups consider these actions an attack on citizens freedom of
expression, and an international service provider is seeking damages from the PTA and the
information ministry for loss of revenue.33
The prime minister appoints the chair and members of the PTA, which reports to the ministry of
information technology and telecommunication.34 International free expression groups and experts
have serious reservations about the PTAs openness and independence as a regulatory body.35
23
SehrishWasif,DensofSleaze,ExpressTribune,July22,2010,http://tribune.com.pk/story/29455/densofsleaze/.
OfficeoftheChiefMinisterofPunjab,ProvincialCabinetSanctionsNetCafRegulationsAct,January14,2012,
http://chiefminister.punjab.gov.pk/index.php?q=node/1228.
25
MehwishShan,PunjabtoRegulateInternetCafes,ProPakistani,December21,2011,http://bit.ly/HbLsGf.
26
ZahidGishkori,Security:CellPhoneServicesinBalochistanSuspendedonPakistanDay,ExpressTribune,March23,2012,
http://tribune.com.pk/story/354095/securitycellphoneservicesinbalochistansuspendedonpakistanday/.
27
Securityconcerns:OnPakistanDay,Balochistanblackedout,ExpressTribune,March24,2012,http://bit.ly/GKtgnQ.
28
Baluchistan:AccessShouldNotBeAVictimToNationalSecurity,BoloBhi,August14,2012,http://bit.ly/1fyLidq.
29
MobilePhoneServicestobePartiallySuspendedDuringAshuraHoliday,Dawn,November23,2012,http://bit.ly/10nP53k.
30
MobilePhoneServicestoRemainSuspendedonThursday,Dawn,January2,2013,http://bit.ly/UbcrJx.
31
AsadKharalandZahidGishkori,LongMarch:IntheNameofSecurity,MobileServicesSuspended,January13,2013,
http://tribune.com.pk/story/493420/longmarchinthenameofsecuritymobileservicessuspended/.
32
CellPhoneServiceBanonNewYearEveSought,Dawn,December30,2012,http://dawn.com/2012/12/30/cellphone
servicebanonnewyearevesought/.EidulFitrSecurity:CellphoneServicesBlockedinMajorCities,ExpressTribune,August
20,2012,http://tribune.com.pk/story/424463/eidulfitrsecuritycellphoneservicesblockedinmajorcities/.
33
MobileSuspensionCase:SHCIssuesNoticestoPTA,InteriorMinistry,ExpressTribune,November22,2013,
http://tribune.com.pk/story/469691/mobilesuspensioncaseshcissuesnoticestoptainteriorministry/.
34
PakistanTelecommunicationsAuthority,PakistanTelecommunication(Reorganization)Act1996,October17,1996,
http://www.pta.gov.pk/media/telecom_act_170510.pdf.
35
Article19,LegalAnalysisPakistan:Telecommunications(Reorganization)Act,February2,2012,http://bit.ly/xQC5ra.
24
PAKISTAN

LIMITS ON CONTENT
The governments efforts to systematize website blocking by creating and installing new equipment
for nationwide content filtering were among the most concerning developments of 2012 and 2013.
While the first attempt was supposedly quashed in March 2012, PTA officials were still voicing
their intent to implement new blocking technology in 2013. They received an unexpected boost by
the battle over YouTube, which was unilaterally blocked in Pakistan in the wake of an offensive,
anti-Islamic upload. Since Google declined to remove the video, the government refused to restore
access to its video-sharing platform until it could block the unwanted content directly. In May
2013, the status of the new firewall remained unclear.
Since January 2003, the government of Pakistan has taken steps to censor some online content, and
the system for doing so has become increasingly sophisticated.36 A wide variety of government
agencies are involved in the censorship of online content, but the PTA is the main one. Authorities
can block URLs at the internet exchange point through the PIE, and individual ISPs are required to
carry out content-related directives issued by the PTA or have their license suspended. Individuals
or groups also play a role, petitioning courts to order the ministry to enact moral bans on online or
traditional media content.37 Presumably, the PTA maintains the list of sites to filter, but the details
are not known. There are no published guidelines outlining how or why content is blocked or what
mechanisms are available to challenge it. Error messages seen by users trying to access blocked
websites usually refer to the censored content as blasphemous or state that the site is restricted.
Censorship targets some content, such as pornography, on moral grounds and can be inconsistent
across ISPs, according to an August 2012 OpenNet Initiative report.38 A range of provisions in the
1996 Pakistan Telecommunications Act support censorship for the protection of national security
and Islam.39 Authorities also cite Section 99 of the penal code, which allows the government to
restrict information that might be prejudicial to the national interest, to justify filtering antimilitary, blasphemous, or anti-state content.40 Critics believe these issues can serve as a cover for
politically motivated censorship of dissenting voices. Information disseminated by Balochi and
Sindhi political dissidents, for example, is among the nations most systematically censored
content.41 In 2010, authorities blocked the regions first English-language news website The Baloch
Hal a year after its launch.42
Information perceived as damaging to the image of the military or top politicians is also targeted,
such as a satirical music video about military generals, which was replaced on video-sharing site
36
OpenNetInitiative,CountryProfilePakistan,December26,2010,http://opennet.net/research/profiles/pakistan.
Internetcensorship:CourtAskedtoBanInappropriateContent,ExpressTribune,June14,2011,http://bit.ly/jOCZFP.
38
OpenNetInitiative,CountryProfilePakistan,August6,2012,http://opennet.net/research/profiles/pakistan.
39
Article19,LegalAnalysisPakistan.
40
Pakistan:CodeofCriminalProcedure,availableattheOrganizationforEconomicCooperationandDevelopmentwebsite,
accessedAugust2013,http://www.oecd.org/site/adboecdanticorruptioninitiative/39849781.pdf.
41
PakistanTelecommunicationAuthority,BlockingofWebsitesAccess,letter,April25,2006,http://bit.ly/17d2EXs.
42
TheBalochHalBanned,BalochHal,November9,2010,http://www.thebalochhal.com/2010/11/thebalochhalbanned/.
37
PAKISTAN

Vimeo by a page telling viewers it was prohibited within Pakistan in mid-2013.43 The website of
the Lal-Masjid mosque in Islamabad has been blocked since 2007 when it became the center of a
government stand-off with conservative clerics.44 In July 2011, the website of the popular
American music magazine Rolling Stone was blocked by at least 13 ISPs after the site published a
blog post discussing Pakistan's insane military spending.45 Rollingstone.com remains blocked as of
February 2013 along with the website of the Toronto Sun newspaper, supposedly because it
published articles by Canada-based secularist and journalist Tarek Fateh criticizing the Pakistani
military.46
Since website blocking was first observed in Pakistan, much of it has targeted social media and
communication apps. In 2006, the PTAresponding to widespread public pressureinstructed
ISPs to block websites displaying controversial cartoon images of the prophet Mohammed, many on
Googles blog hosting platform Blogger.47 In 2010, over 10,500 websites were blocked,48 including
many on Facebook, YouTube, Flickr and Wikipedia, after the Lahore High Court ruled in favor of a
legal appeal made by the Islamic Lawyers Movement over the Facebook page, Everybody Draw
Mohammed Day.49 Mobile phone providers also completely halted Blackberry services;
functionality was only gradually restored, though web-browsing functions remained restricted for
longer.50 While most social-networking and blog-hosting platforms were available and widely used
throughout 2012 and early 2013, there were several temporary disruptions of Facebook and
Twitter services, and different religious groups persistently exerted pressure on the Pakistani
courts to ban Facebook completely.51 Groups and individuals affiliated with political and religious
parties have also filed court petitions against YouTube.52
The most wide-reaching ban in 2012 was imposed after a Californian internet user uploaded a 14minute video to YouTube ostensibly promoting a movie he had created to denounce Islam titled
The Innocence of Muslims.53 In September, the clip was dubbed into other languages, garnering
hundreds of thousands of views and sparking violent anti-American protests in several Muslim
43
SongCriticalofPakistaniGeneralsisBlockedOnline,WithNoOfficialExplanation,NewYorkTimes,May4,2013,
http://www.nytimes.com/2013/05/05/world/asia/satiricalsongblockedinpakistanbutnoreasonisgiven.html?_r=0.
44
LalMasjidIssueanditsBlockedWebsite,TeethMaestro,April12,2007,http://bit.ly/5ayFuP.
45
JillianYork,PakistanEscalatesitsInternetCensorship,AlJazeera,July26,2011,http://aje.me/nuirDk;PakistanBlocksSex,
DrugsANDRockandRoll,AssociationforProgressiveCommunications(blog),http://bit.ly/o2WMUw.
46
TorontoSunWebsiteBlockedinPakistan:Report,ExpressTribune,February8,2013,http://bit.ly/11UCR4P.
47
JeffersonMorley,PakistansBlogBlockade,WashingtonPost(blog),March8,2006,http://bit.ly/14TdwIY;PTAUnblocks
Blogspot,TeethMaestro,May3,2006,http://teeth.com.pk/blog/2006/05/03/ptaunblocksblogspot.
48
TheShamefulSagaoftheInternetBaninPakistan,AssociationforProgressiveCommunication,July22,2010,
http://www.apc.org/en/node/10786/.
49
IslamictraditionforbidsthedepictionofAllahorMohamed.PakistanCourtOrdersFacebookBan,AlJazeera,May20,2010,
http://www.aljazeera.com/news/2010/05/201051994155758717.html.
50
AamirAttaa,BlackberryServicesGoOfflineinPakistan,ProPakistani,May20,2010,http://bit.ly/b5Dzth;AamirAttaa,
BlackberryServicesYettobeFullyRestored,ProPakistani,June4,2010,http://propakistani.pk/2010/06/04/blackberry
servicesyettobefullyrestored/.FullBlackberryserviceswereaccessiblein2013.
51
PermanentlyBanningFacebook:CourtSeeksRecordofPreviousPetitions,ExpressTribune,May6,2011,
http://tribune.com.pk/story/162801/permanentlybanningfacebookcourtseeksrecordofpreviouspetitions/.
52
AccessDenied:AsYouTubeRemainsBlocked,SHCDismissesPleaforBan,ExpressTribune,March29,2013,
http://tribune.com.pk/story/527923/accessdeniedasyoutuberemainsblockedshcdismissespleaforban/.
53
IanLovett,ManLinkedtoFilminProtestsIsQuestioned,NewYorkTimes,September15,2012,
http://nyti.ms/16JNAfz;MichaelJosephGross,DisasterMovie,VanityFair,December27,2012,http://vnty.fr/W3sPpO.
PAKISTAN

countries. In Pakistan, they resulted in at least 19 deaths.54 Google, which owns YouTube,
temporarily blocked versions of the video in some countries but declined to remove it altogether,
and it remained accessible in Pakistan, despite Prime Minister Raja Pervez Ashrafs request that it
be taken down.55 News reports in Pakistan attributed this to the lack of a Mutual Legal Assistance
Treaty with the U.S.a legal agreement through with countries can negotiate over companies
compliance with local laws56but how far this affected Googles decision is unclear. In response,
the information ministry instituted a site-wide block on YouTube on September 17, 2012.57 By
October 9, another 20,000 websites were blocked, not just for featuring the anti-Islamic movie,
but also for hosting material that the PTA characterized as objectionable.58
Prior to this incident, many blocks were implemented on a temporary basis to calm protests against
online content. In 2012, however, civil society groups protested against the banwhich affected
more than seven million users of the service in Pakistan59to no avail, and it continued almost
uninterrupted through May 2013. The civil society organization Bytes for All filed a petition against
the block in the Lahore High Court in January; hearings are ongoing.60 Students who frequently
refer to YouTube online lectures were particularly affected, and one institution, Pakistans Virtual
University, moved all educational material formerly hosted on YouTube to its own servers. In early
2013, Pakistani officials stated that the ban would stay in place until Google removed the content or
until a nationwide filtering mechanism was in place, allowing them to control what YouTube
content is available for themselves.61
The government set out to acquire such a mechanism in February 2012 on grounds that ISPs and
backbone providers were unable to manage the volume of blacklisted sites manually.62 The National
ICT Research and Development Fund invited ICT companies to submit proposals to develop and
operate a national level URL Filtering and Blocking System,63 preferably one able to handle a
block list of up to 50 million URLs with a processing delay of not more than 1 millisecond.64
Websites with blasphemous, un-Islamic, offensive, objectionable, unethical, and immoral
material would be targeted, according to the notice.65 After widespread protest from civil society,
54
InnocenceofMuslimsProtests:DeathTollRisingInPakistan,InternationalBusinessTimes,September21,2012,
http://www.ibtimes.com/%E2%80%98innocencemuslims%E2%80%99protestsdeathtollrisingpakistan794296.
55
LawrenceLatif,PakistanandBangladeshBlockYouTubeOverInnocenceofMuslimsTrailer,TheInquirer,September19,
2012,http://bit.ly/164gJGP.
56
HumaImtiaz,PakistanReneweditsBanonYouTubethisWeek.CouldtheEntireInternetbeFarBehind?,February15,
2013,http://qz.com/54618/pakistanreneweditsbanonyoutubethisweekcouldtheentireinternetbefarbehind/.
57
YouTubeblockedinPakistan,TheNewsInternational,September17,2012,http://bit.ly/OxLpn5.
58
InMassiveCensorshipMove,PakistanBlocks20,000ObjectionableSites,TheDailyDot,October9,2012,
http://www.dailydot.com/news/pakistantwentythousandsitesblocked/.
59
ExcessiveInternetBansWorrisomeforPakistan,Dawn,November5,2012,http://bit.ly/YHXwVp.
60
BytesforAll,BytesforAllvs.FederationofPakistanUpdatesonourNetFreedomPetition,April14,2013,
http://content.bytesforall.pk/node/96.
61
AndrewWebster,PakistanWillLiftBanonYouTubeAfterBuildingFilterforBlasphemousMaterial,TheVerge,January9,
2013,http://www.theverge.com/2013/1/9/3854816/pakistanliftyoutubebancontentfilter.
62
DannyOBrien,Pakistan'sExcessiveInternetCensorshipPlans,CPJInternetChannel,March1,2012,http://bit.ly/yW8kb9.
63
NationalICTResearchandDevelopmentFund,RequestforProposal:NationalURLFilteringandBlockingSystem,accessed
August2012,http://ictrdf.org.pk/RFP%20URL%20Filtering%20%26%20Blocking.pdf.
64
NationalICTResearchandDevelopmentFund,RequestforProposal.
65
PTADeterminedtoBlockWebsiteswithObjectionableContent,ExpressTribune,March9,2012,http://bit.ly/xEND9P.
PAKISTAN

the request for proposals was apparently shelved,66 although that change was announced in the
media rather than an official press release. In January 2013, PTA Chairman Farooq Ahmed Khan
announced that an apparently unrelated new mechanism for blocking un-Islamic, pornographic,
and blasphemous material from websites would be activated in Pakistan within 60 days, according
to the Pakistan Today newspaper.67 Other news reports were less clear about the timing for
implementing new filtering devices,68 possibly reflecting internal disputes between the PTA and the
information ministry over costs and responsibility for the project.69
Authorities also target users seeking to access blocked content. In August 2011, the PTA sent a
legal notice to all ISPs in the country urging them to report customers using encryption and virtual
private networks (VPNs)70technology that allows internet users to go online undetected, access
blocked websites, and conceal communications from government monitoringon grounds of
curbing communication between terrorists.71 International and civil society organizations in
Pakistan raised effective voice against this repressive development;72 however, the order still stands
as of early 2013.
Despite existing limitations on online contentand looming new onesPakistanis have relatively
open access to international news organizations and other independent media, as well as a range of
websites representing Pakistani political parties, local civil society groups, and international human
rights organizations.73 ICTs, particularly mobile phones, promote social mobilization, including on
free expression issues. The 2010 floods in Pakistan, for example, inspired many Pakistani citizens
and members of the diaspora to mobilize and raise funds online.74 Nevertheless, most online
commentators exercise a degree of self-censorship when writing on topics such as religion,
blasphemy, separatist movements, and womens and LGBT rights.
The relationship between citizen journalism and traditional media in Pakistan is mutually
reinforcing. In 2013, reports of election rigging spread via Facebook and Twitter, prompting
traditional media coverage.75 Social media advocacy also advanced a police investigation into the
shooting murder of 20-year old uptown Karachi resident Shahzeb Khan in December 2012.76 The
mainstream media and police initially responded with apathy to news of the attack, perhaps because
66
ShahbazRana,ITMinistryShelvesPlantoInstallMassiveURLBlockingSystem,ExpressTribune,March19,2012,
http://tribune.com.pk/story/352172/itministryshelvesplantoinstallmassiveurlblockingsystem/.
67
AnwerAbbas,PTA,ITMinistryatOddsOverInternetCensorshipSystem,January3,2013,http://bit.ly/12Znc2Q.
68
ApurvaChaudhary,PakistanToUnblockYouTubeAfterBuildingFilteringMechanism,Medianama,January10,2013,
http://bit.ly/TMmcvh;PakistanPressFoundation,TheSagaofYouTubeBan,January2,2013,http://bit.ly/1bhpMEP.
69
MinistryWantsTreaty,LawtoBlockBlasphemousContent,TheNewsInternational,March28,2013,http://bit.ly/16JP6yo.
70
JoshHallidayandSaeedShah,PakistantoBanEncryptionSoftware,Guardian,August30,2011,http://bit.ly/outDAD.
71
NighatDad,PakistanNeedsCommsSecurityNotRestrictions,PrivacyInternational(blog),September12,2011,
https://www.privacyinternational.org/blog/pakistanneedscommssecuritynotrestrictions.
72
BarboraBukovska,Pakistan:BanonInternetEncryptionaViolationofFreedomofExpression,Article19,September2,
2011,http://www.article19.org/resources.php/resource/2719/en/index.php?lang=en.
73
OpenNetInitiative,CountryProfilePakistan(2012).
74
IssamAhmed,PakistanFloods:HowNewNetworksofPakistanisareMobilizingtoHelp,ChristianScienceMonitor,August
19,2010,http://bit.ly/95cXzo.
75
MehwishKhan,15ElectionRiggingVideosFromPakistanThatWentViralonSocialMedia!,ProPakistani,May11,2013,
http://propakistani.pk/2013/05/11/electionriggingvideosandimagesgoviralonsocialmedia/.
76
Fullcoverage:ShahzebKhanCase,GeoTV,accessedFebruary2013,http://www.geo.tv/Trending.aspx?ID=126
PAKISTAN

one of his alleged assailants was well-connected.77 However, a cameraman uploaded footage of the
incident to YouTube for users still accessing the banned service via proxy servers. Thousands
subsequently expressed concern for Shahzeb on Twitter and Facebook until the chief justice of the
Supreme Court directed Karachi police to expedite the investigation. A court sentenced two
perpetrators to death and their accomplices to life imprisonment in June.78

In February 2013, the upper house of parliament granted security agencies permission to monitor
private e-mails and mobile phone communications collect evidence of terrorist activity when they
passed a piece of 2012 legislation governing trials. Other legal challenges faced by ICT users
included a defamation suit stemming from comments made via Twitter, and of the 23-odd
blasphemy cases reported in 2012, at least two involved text messages, causing one family to flee
their home and one arrest. Though attacks on journalists from traditional media far outstripped
those on bloggers and internet users, both groups received threats. In a case which resounded
around the world, insurgents shot and seriously injured Malala Yousufzai for creating online
content for the BBC about her life as a school-girl in a Taliban-controlled region of Pakistan.
Article 19 of the Pakistani constitution establishes freedom of speech as a fundamental right,
although it is subject to several restrictions.79 Pakistan also became a signatory to the International
Covenant on Civil and Political Rights in 2010.80 In 2011, Pakistan Peoples Party lawmaker Sherry
Rehman, now ambassador to the United States, introduced the Right to Information Bill in the
National Assembly, a law that would prevent all public bodies from blocking a requesters access to
public records.81 A Senate sub-committee reviewed the draft in June 2013 in preparation for
tabling it for parliament to pass.82
Section 124 of the Pakistan penal code on sedition by words or visible representation is broadly
worded, though it has been used infrequently to punish journalists and online speech.83 However,
Section 295(c), which covers blasphemy, has been invoked to limit freedom of expression and has
featured in most recent cases concerning internet speech. In 2010, police initiated legal
proceedings against Facebook founder Mark Zuckerberg over the page titled, Everyone Draw
Mohammad Day.84 The maximum punishment for blasphemy is life imprisonment or the death
77
SanaJamal,ShahzebKhanSymbolofHopeAgainstPakistan'sPowerfulFeudals,GlobalVoices,December31,2012,
http://globalvoicesonline.org/2012/12/31/shahzebkhansymbolofhopeagainstpakistanspowerfulfeudals/.
78
ShahzebKhansMurder:ShahrukhJatoi,SirajTalpurGetDeathPenalty,ExpressTribune,June8,2013,
http://tribune.com.pk/story/560586/shahzebkhansmurdershahrukhjatoisirajtalpurgetdeathpenalty/.
79
TheConstitutionofPakistan,availableatPakistani,accessedSeptember2012,http://bit.ly/pQqk0.
80
PresidentSignsConventiononCivil,PoliticalRights,DailyTimes,June4,2010,http://bit.ly/1fyK9Tl.
81
MahaMussadaq,SherryRehmansBill:PublicMayEventuallyAccessOrganisationsOfficialRecords,ExpressTribune,
October17,2011,http://bit.ly/qvS2G6.
82
RighttoInformationAct2013:Draftoflawatfinalstage,DailyTimes,June14,2013,http://bit.ly/16A1TKt.
83
PakistanPenalCode,availableatPakistani,accessedAugust2013,http://bit.ly/98T1L8;KarinDeutschKarlekar,ed.,
Pakistan,inFreedomofthePress2011(NewYork:FreedomHouse,2011),http://bit.ly/1biVaqb.
84
MaijaPalmer,FacebookFounderFacesPakistanProbe,FinancialTimes,June17,2010,http://on.ft.com/9583eo.
PAKISTAN

penalty, though the charges against Zuckerberg appear to have been quietly dropped after they
were ridiculed in the press.
At least 23 blasphemy cases involving 27 defendants were reported in 2012, according to the
Human Rights Commission of Pakistan.85 Some of these involved electronic media. In October
2012, for example, neighbors filed a police complaint against a 16-year-old Christian boy in
Karachi for allegedly sending them a blasphemous text message.86 Reflecting the difficulty of
proving intent in such cases, media reports published conflicting accounts of the message, some
reporting that the unnamed boy acknowledged forwarding a message but denied creating it, and
others saying the message was sent when his mobile phone was commandeered by friends. His
family fled the area and neighbors ransacked their house. A second text message resulted in the
arrest of the sender, even though he claimed to have circulated the blasphemous content to resolve
a dispute with a customer.87
Accusing someone of blasphemy leaves them vulnerable to attack, regardless of whether it has
foundation, while attempts to reform the punitive laws leave even politicians vulnerable. In January
2013, the Supreme Court ordered an investigation into Ambassador Sherry Rehman after a
businessman accused her of blaspheming the Prophet during an October 2010 television talk show
appearance to defend proposed changes to the blasphemy laws; police and lower courts had refused
to consider the case.88 Three months after that TV appearance, Salman Taseer, the governor of
Punjab, was murdered by his own bodyguard for criticizing the same laws.
The 2004 Defamation Act allows for imprisonment of up to five years, and observers fear a chilling
effect if it is used to launch court cases for online expression, particularly since internet users are
already seeking to prosecute their rivals. In January 2013, a Twitter feud escalated into a
defamation suit when Tahir Ashrafi, head of the Pakistan Ulema Council of Muslim clerics and
scholars, announced that he would initiate civil proceedings against Let Us Build Pakistan, a
political website, for allegedly inciting sectarian violence.89 A writer on the sitewhich critics
censure for spreading hate speechhad accused Ashrafi of forming alliances with banned extremist
groups.
Government surveillance is a concern for activists, bloggers, and media representatives in
Balochistan, as well as ordinary internet users wishing to comment openly on the state or religion,
notably atheist groups. Pakistani authorities, particularly intelligence agencies, appear to have been
expanding their monitoring activities in recent years, while provincial officials have been exerting
pressure on the central government to grant local police forces greater surveillance powers and
location tracking abilities, ostensibly to curb terrorism and violent crimes.90 ISPs,
85
HumanRightsCommissionofPakistan,StateofHumanRightsin2012,(Lahore:HRCP,2013),http://bit.ly/183cVXq.
TeenageChristianboybookedforblasphemy,Dawn,October11,2012,http://bit.ly/SRWNBs.
87
FarazKhan,PrinterTextsBlasphemytoGetCustomertoPay,ExpressTribune,January9,2012,http://bit.ly/A68hQl.
88
SCAdmitsPetitionAgainstSherryRehman,TheNewsInternational,January17,2013, http://bit.ly/15BOhh6;Christopher
Dickey,PakistansWomanWarrior,DailyBeast,March25,2013,http://thebea.st/YuVXbL.
89
LegalFirst:TwitterFeudTurnedDefamationSuit,ExpressTribune,January22,2013,http://bit.ly/10BNUiE.
90
MasroorAfzalPasha,SindhPoliceToGetMobileTrackingTechnology,DailyTimes,October29,2010,http://bit.ly/16TKfLY;
PunjabPoliceLackFacilityofPhoneLocator,PATold,TheNewsInternational,January12,2011,http://bit.ly/1bRl6bx.
86
PAKISTAN

telecommunications companies, and SIM card vendors are required to authenticate the National
Identity Card details of prospective customers with the National Database Registration Authority
before providing service.91 Furthermore, under the Prevention of Electronic Crimes Ordinancea
2007 bill that required ISPs to retain traffic data for a minimum of 90 days, among other
regulations92telecommunications companies were required to keep logs of customer
communications and pass them to security agencies when directed by the PTA. While the bill
officially expired in 2009, the practice is reportedly still active.
In February 2013, the upper house of parliament passed the Fair Trial Act 2012, which had been
approved by the National Assembly in December.93 The legislation allows security agencies to seek
a judicial warrant to monitor private communications to neutralize and prevent [a] threat or any
attempt to carry out scheduled offenses; and covers information sent from or received in Pakistan
or between Pakistani citizens whether they are resident in the country or not.94 The bill was
proposed by Law Minister Farooq Hamid Naek to thwart terrorism, but its critics counter that the
acts wording leaves it open to abuse, and that it grants powers to a broad range of agencies.95
Under the law, service providers face a one-year jail term or a fine of up to PKR 10 million
($103,000) for failing to cooperate with the warrant.
In 2013, a report by Citizen Lab indicated that Pakistani citizens may be vulnerable to oversight
through a software tool present in the country. The Governmental IT Intrusion and Remote
Monitoring Solutions known as FinFisher Suite described in the report includes the FinSpy tool,
which attacks the victims machine with malware to collect data including Skype audio, key logs,
and screenshots.96 The analysis found FinFishers command and control servers in 36 countries
globally, including Pakistan, on the PTCL network. This does not confirm that actors in Pakistan
are knowingly taking advantage of its capabilities. Nevertheless, civil society organizations called on
PTCL to investigate and disable FinFisher tools.97
Pakistan is also reported to be a long-time customer of Narus,98 a U.S.-based firm known for
designing technology that allows for monitoring of traffic flows and deep-packet inspection of
internet communications, and some media reports say Pakistani authorities have also acquired
91
NationalDatabaseRegistrationAuthority,VerificationofCNICs:NadraSignsContractwithThreeCellPhoneCompanies,
July29,2009,http://bit.ly/gNdXsW;BilalSarwari,SIMActivationNewProcedure,PakTelecom,September3,2010,
http://bit.ly/pqCKJ9.
92
KellyOConnell,INTERNETLAWPakistansPreventionofElectronicCrimesOrdinance,2007,InternetBusinessLaw
Services,April14,2008,http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2030.
93
SenatePassesFairTrialBill,Dawn,February1,2013,http://dawn.com/2013/02/01/senatepassesfairtrialbill/;The
GazetteofPakistan,InvestigationforFairTrialAct2013,February22,2013,http://bit.ly/18esYjq.
94
YasirRehman,FairTrialActGivesPakistanAuthoritiesWiretappingPowers,CentralAsiaOnline,December28,2012,
http://centralasiaonline.com/en_GB/articles/caii/features/pakistan/main/2012/12/28/feature01.
95
ThelawscoverstheInterServicesIntelligence,thepolice,IntelligenceBureauandthethreemilitaryintelligenceagencies.
See,DigitalRightsFoundation,FairTrialBillisanOfficialIntrusiononPrivacy:DigitalRightsFoundation,December22,2012,
http://digitalrightsfoundation.pk/fairtrialactofficialintrusiononprivacy/
96
MorganMarquisBoireetal,ForTheirEyesOnly,CitizenLab,May1,2013,http://bit.ly/ZVVnrb.
97
DigitalRightsFoundation,GlobalCoalitionOfNGOsCallToInvestigate&DisableFinFishersEspionageEquipmentin
Pakistan,May3,2013,http://bit.ly/18AvwGb.
98
TimothyCarr,OneU.S.CorporationsRoleinEgyptsBrutalCrackdown,HuffingtonPost,January28,2011,
http://www.huffingtonpost.com/timothykarr/oneuscorporationsrole_b_815281.html;Narus:SecurityThrough
Surveillance,BerkmanCenterforInternetandSocietyatHarvardUniversity,November11,2008,http://hvrd.me/ewSFSg.
PAKISTAN

surveillance technology from China. In 2013, when news reports described the possible
introduction of new filtering software to address the YouTube crisis, some said the information
ministry objected to its additional capacities for monitoring communications. PTA chief Farooq
Ahmed Khan denied any intent to use it for surveillance.99
Pakistan is one of the worlds most dangerous countries for traditional journalists, with seven killed
in 2012 alone, either on the job or in reprisal for published reports.100 Violence has yet to affect
online journalists in the same way, though they are equally vulnerable to some attacks, such as
double-bombings that target first responders at the scene of one blast with a second, delayed
detonation. In January 2013, twin blasts hit a Shia Muslim community in Quetta, the provincial
capital of Balochistan, killing over 100 people, including three media professionals and Irfan Ali, a
blogger and human rights activist who was helping survivors at the scene.101
In a particularly high-profile case, an unknown gunman shot 15-year-old Malala Yousufzai in the
head while she was traveling in a school van in the Taliban-controlled Swat region of Pakistan in
October 2012; she had received threats for writing an online diary for the BBC in 2009.102 Though
she used a pseudonym, the diary included personal details about her family; she also appeared in an
online video series for The New York Times,103 among other local media appearances, and became an
informal spokesperson promoting education for women, which the Taliban had recently banned.
The Pakistani Taliban claimed responsibility for the shooting, saying she had divulged secrets of the
mujahideen and Taliban through BBC [sic].104 Yousufzai survived the shooting and was flown to the
United Kingdom where she was treated for a severe head wound.
Pakistan was shocked by the attack, and social media played a significant role in driving public
debate over the case,105 which criticized military and intelligence leaders for failing to check the
Taliban,106 and prompted a retaliatory online smear campaign accusing Yousufzai of being a U.S.
spy.107 Local journalists reported Taliban spokesmen contacting them by e-mail and text to defend
the action and warn against negative coverage.108
Several other free expression activists and bloggers have also reported receiving death threats.
Many publicize themand sometimes attract moreon Twitter. Most are sent via text message
from untraceable, unregistered mobile phone connections, often originating from the tribal areas of
the country, and several include specific details from the recipients social media profiles or other
99
PTAandMoIThasNoSetPlanofActionovertheInternetCensorship,GreenandWhite(blog),January10,2013,
http://bit.ly/10nnhOt;AnwerAbbas,PTA,ITMinistryatodds.
100
CommitteetoProtectJournalists,JournalistsKilledinPakistan,accessedFebruary2013,http://bit.ly/9YP7fx.
101
MichaelRoss,PakistaniActivistKilledinQuettaAttacks,TheWorld,PRI,January11,2013,http://bit.ly/ZDXGeY.
102
DiaryofaPakistaniSchoolGirl,BBCNews,February9,2009,http://news.bbc.co.uk/2/hi/south_asia/7889120.stm.
103
AdamB.Ellick,ClassDismissed:MalalasStory,NewYorkTimes,October9,2012,http://nyti.ms/Tf3CaH.
104
MarieBrenner,TheTarget,VanityFair,April2013,http://vnty.fr/109Ff7x.
105
PakistanMediaCondemnAttackonMalalaYousafzai,BBCNews,October9,2012,http://bbc.in/VL9AGh.
106
TalatFarooq,MalalaisaMirror,TheNewsInternational,October17,2012,http://bit.ly/Xlj3CE.
107
ElectronLibre,Pakistan:SmearCampaignAgainstMalalaonSocialMedia,France24,October18,2012,
http://www.france24.com/en/20121017201210172050wbenwebnews.
108
SumitGalhotraandBobDietz,AfterMalalaShooting,TalibanGoesAfterMediaCritics,CPJBlog,October17,2012,
http://www.cpj.org/blog/2012/10/aftermalalashootingtalibangoesaftermediacri.php.
PAKISTAN

online activity. In addition, some militant Islamic groups in Khyber Pakhtunkhwa and FATA attack
cybercafs, which they consider sites of moral degradation. In January 2012, an explosion outside
an internet cafe in Peshawar, provincial capital of Khyber Pakhtunkhwa, killed two people;109 at
least three more attacks on cybercafs or mobile phone stores were reported in different areas of
the country in the first half of 2013.110
Technical attacks against the websites of NGOs, opposition groups, and activists are common in
Pakistan but typically go unreported due to self-censorship. Minority organizations such as the
Catholic-run human rights advocacy group National Commission for Justice and Peace have also
been subject to technical attacks. The websites of government agencies are also commonly
attacked, often by ideological hackers attempting to make a political statement. In March 2013, an
unidentified hacker defaced the electoral commissions website in advance of elections.111 Hackers
defaced websites belonging to the Supreme Court and the PTA in October 2011 demanding stricter
controls for online pornography.112 Hackers have also infiltrated Pakistans internet registry
PKNIC, which manages the countrys top level domains, including major news websites and
Microsoft and Google regional homepages. The first attack came on November 24, 2012 and
resulted in several sites being defaced, including Googles search engine, which was replaced with
an image of penguins and a Turkish-language message reading Pakistan Downed.113 The PKNIC
failed to adjust its security and was infiltrated again on February 4, 2013, apparently to highlight
ongoing vulnerabilities.114
109
BombBlastsinPakistanKillSix,Wound29,UPI,January3,2012,http://bit.ly/vNBddl.
BlastinNowsheraDestroysInternetCafe,MusicStore,Dawn,February2,2013,http://bit.ly/X1XVk8;FreshBombAttacks
Kill2Shias,Wound20inPakistan,PressTV,January13,2013,http://bit.ly/Ssoth2;Police:BombBlastatMallinNorthwestern
PakistanKills1Person,Wounds12,TheAssociatedPressviaFoxNews,February21,2013,http://fxn.ws/YI5QCq.
111
HishamAlmiraat,CyberAttackonPakistan'sElectoralCommissionWebsite,GlobalVoicesAdvocacy,April1,2013,
http://advocacy.globalvoicesonline.org/2013/04/01/cyberattackonpakistanselectoralcommissionwebsite/.
112
ShaheryarPopalzai,Compromised:OfficialWebsiteoftheSCHacked,ExpressTribune,September27,2011,
http://tribune.com.pk/story/261497/hackerdefacessupremecourtwebsite/;JahanzaibHaque,BanPornorElse:Hacker
PenetratesPTASite,ExpressTribune,October10,2011,http://bit.ly/pLS7cC.
113
CyberVandalism:HackersDefaceGooglePakistan,ExpressTribune,November25,2012,http://bit.ly/SlFhlE.
114
PakistaniHackersExposePKNICVulnerabilitiesthatCausedDefacementsof.PKDomains,ProPakistani,November26,
2012,http://propakistani.pk/2012/11/26/pakistanihackersexposepknicvulnerabilitiesdefacementsofpkdomains/.
110
PAKISTAN
THE PHILIPPINES
2012

Total (0-100)
2013
FREE FREE
10
5
8
23
10
5
10
25

The Cybercrime Prevention Act of 2012, currently suspended by the Supreme Court,
would allow authorities to block online content without a warrant, facilitate
government surveillance, and punish online libel with up to 12 years imprisonment
(see LIMITS ON CONTENT and VIOLATIONS OF USER RIGHTS);
Civil society activism fuelled 15 petitions to the Supreme Court to suspend the new
Cybercrime law; its status going forward is unclear (see LIMITS ON CONTENT).
As of March 2013, there were eight proposed bills in the Senate calling for regulation
of online child pornography, gambling, and phishing, which could add to overbroad
restrictions on cybercrime (see LIMITS ON CONTENT).
THE PHILIPPINES

INTRODUCTION
People in the Philippines enjoy nearly unrestricted access to the internet. There have not been any
reports of the government systematically blocking access to online content. This excellent record
was marred in September 2012 by the passage of an anti-cybercrime law boosting official powers to
censor and monitor internet users without judicial oversight.
The Philippines first connected to the internet almost twenty years ago via the Philippine Internet
Foundation, but experienced very low penetration until the government deregulated the industry
in the 1990s, allowing new players to compete with the dominant Philippine Long Distance
Telephone Company (PLDT). Recent mergers and acquisitions, however, mean PLDT controls 70
percent of the market and still lacks the kind of competition that would spur it to innovate or
become more efficient for the end user. In addition to this the de facto monopoly, lack of
infrastructure and bureaucratic government regulation continue to slow penetration. Mobile phone
use is more widespread, though this has yet to result in higher mobile internet use.
During the coverage period for this report, the senate approved the notorious Cybercrime
Prevention Act, which President Benigno Aquino Jr. signed into law in September. Civil society
groups and lawyers immediately petitioned the Supreme Court to issue a restraining order against
it, particularly provisions that allow the government to block content without a court order,
monitor online activities with the help of service providers, and classify libelalready criminalized
under the penal code to the detriment of free expressionas a cybercrime punishable by harsher
jail terms than the same offence committed offline. The court, under newly-appointed Chief Justice
Maria Sereno, suspended the laws implementation indefinitely on grounds that it may be
unconstitutional. Serenos predecessor was unseated in an impeachment trial related to corruption
allegations in May 2012.
This suspension, while positive, left the status of the law ambiguous, and drew attention to its
creators intent in ways that are already chilling online expression. In oral arguments defending it, a
government lawyer warned that liking a defamatory Facebook post is tantamount to committing
libel. A libel complaint over a YouTube video is pending, since the investigation cannot continue
until the status of the law is clarified. Meanwhile, the Philippine National Police formed an AntiCybercrime Group based on one of the acts provisions in early 2013; it is unclear how the laws
suspension will affect the groups activities.
THE PHILIPPINES

OBSTACLES TO ACCESS
Internet penetration in the Philippines stood at 36 percent in 2012.1 Usage is concentrated in
urban areas, with rural areas largely underserved.2 A significant number of users still rely on dial-up
connections, as just two percent of the population had fixed broadband subscriptions in 2012.3
Mobile phone subscriptions, on the other hand, have increased significantly in recent years, with
penetration reaching 107 percent in 2012, indicating that some users have more than one device.4
SMS has been hugely popular for 2G cell phone users since the mid-2000s. Penetration of 3G
devices enabling internet access remained comparatively low, at 11 percent, at the end of 2012.5 In
the first quarter of 2013, leading mobile service providers Globe Telecommunications and PLDT
wireless subsidiary Smart Communications began expanding 4G LTE coverage outside the
metropolitan area surrounding the capital, Manila.6 Smart was also reportedly testing to improve
mobile data speeds.7
The government does not place any known restrictions on internet connectivity. Indeed, bridging
the digital divide through development of ICT infrastructure is one of the goals of the governments
Philippine Digital Strategy for 2011 to 2016. As a result, it is now testing TV White Space
technologieswhich tap previously unused frequencies and overcome physical obstacles like
concrete or dense foliageto increase connectivity in poor rural areas.8 However, steep broadband
subscription fees still stand in the way of higher penetration in a country where 42 percent of the
population lives on US$2 a day.9 In 2013, even as legislators urged telecoms to cut rates by 50
percent in order to promote universal access,10 the average cost of broadband subscriptions
remained between $7 and $19 a month.11
An industry monopoly has contributed to these inflated costs. In the 1990s, government legislation
allowed competitors a foothold in the market, previously dominated by the PLDT, a company that
1
TamNoda,PhltoTestTVWhiteSpaceTechnologyinRuralAreas,February1,2013,PhilippineStar,
http://www.philstar.com/nation/2013/02/01/903696/phltesttvwhitespacetechnologyruralareas.
5
MaryMeekerandLiangWu,2012InternetTrends,KleinerPerkinsCaufieldandByers,http://kpcb.com/insights/2012
internettrendsupdate.
6
MarlonC.Magtira,Globe,SmartActivateNewLTESites,February20,2013,ManilaStandardToday,
http://manilastandardtoday.com/2013/02/20/globesmartactivatenewltesites/.
7
PhilippinesNetworkTestsHuaweiSuppliedTDDLTEInfrastructure,CellularNews,March21,2013,http://www.cellular
news.com/story/59148.php.
8
TamNoda,PhltoTestTVWhiteSpaceTechnologyinRuralAreas.
9
OxfordPovertyandHumanDevelopmentInitiative,PhilippinesCountryBriefing,MultidimensionalPovertyIndexDataBank,
(UniversityofOxford,2013)http://www.ophi.org.uk/wpcontent/uploads/Philippines2013.pdf?cda6c1.
10
Newsbytes.ph,79%ofPhilippinesHomesnoInternet,TelcosUrgedtoCutRates,January21,2013,DigitalNewsAsia,
http://www.digitalnewsasia.com/digitaleconomy/79percentofphilippineshomesnonetaccesstelcosurgedtolowerrates
11
Basedoncurrentratespublishedbythethreebiggestproviders:SunBroadband(ownedbyDigitelandacquiredbyPLDTin
October2011),PLDT,andGlobeTelecomasofMarch,2013.
4
THE PHILIPPINES

had been US-owned and Philippine government-owned before its current incarnation as a private
entity.12 However, in the absence of antitrust laws to promote healthy competition between
businesses, the PLDT has retained its dominance though a series of mergers and acquisitions. After
acquiring majority shares in rival Digitel Telecommunications in 2011, it now controls 70 percent
of the countrys ICT sector.13
Although the industry appears to have diversified, some of these changes are superficial: The most
recent government statistics reported 304 registered internet service providers (ISPs) as of 2010,14
yet most connect to the international internet through the PLDT. The company still owns the
majority of fixed-line connectionsand consequently the most stable backboneas well as the
10,000-kilometer domestic fiber optic network that connects to several international networks. It
also owns or manages several international cable landings,15 and offers the highest total bandwidth
capacity of 250 Gbps.16
By the end of 2012, the only remaining challenger to PLDTs Smart was Globe
Telecommunications, which purchased debts amounting to billions of Philippine pesos from
struggling competitor Bayan Telecommunications in 2013 with a view to acquiring the company.17
The rivalry has not resulted in the kind of competition which reduces costs and increases efficiency
for the end user. Instead, Smart and Globe have been mired in negotiations over interconnecting
their networks for several years, which has also delayed the development of broadband services in
many areas.18 Interconnection allows customers to communicate with users on rival networks
without incurring extra costs.
Companies entering the market go through a two-stage process. First, they must obtain a
congressional license that involves parliamentary hearings and the approval of both the upper and
lower houses. Second, they need to apply for certification from the National Telecommunications
Commission, which has regulated the industry with quasi-judicial powers and developed tariff and
technical regulations, licensing conditions, and competition and interconnection requirements since
its creation in 1979. The constitution limits foreign entities to only 40 percent ownership of a
business to be established in the country. Internet service is currently classified as a value-added
service and is therefore subject to fewer regulatory requirements than mobile and fixed phone
services.
12
MaryAnnLl.Reyes,PLDT:FromVoicetoMultiMedia(FirstofTwoParts),PhilippineStar,
http://www.philstar.com/businessusual/2012/10/22/859665/pldtvoicemultimediafirsttwoparts.
13
WinstonCastelo,ControversyonPLDTDigitelMerger,TheOfficialWebsiteofCongressmanWinstonWINNIECastelo,
November22,2011,http://www.winniecastelo.net/controversyonpldtdigitelmerger/.
14
NationalStatisticsOffice,PhilippinesinFigures2012,RepublicofthePhilippines,accessedJuly2013,
http://www.census.gov.ph/old/data/publications/pif2012_in_CD.pdf.
15
ErwinA.Alampay,ICTSectorPerformanceReviewforPhilippines,inSectorPerformanceReview(SPR)/TelecomRegulatory
Environment(TRE)(LIRNEasia,2011).
16
DarwinG.Amojelar,PLDTsaysInternetBandwidthCapacityUpMorethanHalfwithAsiaSubmarineCableProject,
InterAksyon,February22,2013,http://bit.ly/1bmgY0r.
17
GlobeUsedExcessFundstoBuyBayanDebtCFO,January7,2013,Rappler,http://www.rappler.com/business/19281
globeused%E2%80%98excessfunds%E2%80%99tobuybayandebtcfo.
18
AyaLowe,"NTCtoInterveneinPLDTGlobeInterconnectionRow,March6,2013,Rappler,
http://www.rappler.com/business/23135ntctointerveneinpldtglobeinterconnectionrow.
THE PHILIPPINES

Institutions governing the ICT sector are highly bureaucratic, often with ambiguous or overlapping
responsibilities which slow the pace of development. Successive government administrations have
modified the structure of official ICT bodies, including President Benigno Aquino. His Executive
Order 47 of 2011 established an Information and Communications Technology Office under the
Department of Science and Technology (DOST) tasked with conducting research, development,
and capacity-building in the ICT industry.19 However, the division of labor between this office and
the Department of Transportation and Communications, which also deals with ICT-related
communications, as well as the National Computer Center and the Telecommunications Office,
was hard to perceive.
A streamlining process is anticipated. In 2012, Senate Bill No. 50 was passed to create a separate
and specialized Department of Information and Communications Technology. The bill is pending
before a bicameral conference committee before being transmitted to the president for approval.20
If authorized, all other ICT-related agencies will be abolished and their powers and personnel
transferred to the new department. Some DOST officials challenged the necessity of creating the
new department.21
All relevant government bodies are headed by presidential appointees. Critics believe this creates a
dependence on the incumbent administration and Congress, which determines their budget.22
LIMITS ON CONTENT
In the years most significant development, the 2012 Cybercrime Prevention Act was passed into
law in September, threatening to infringe on the Philippines otherwise open online environment
by introducing content restrictions that even a government lawyer admitted are unconstitutional.
Under the now-suspended act, the Department of Justice can block online information without a
warrant.
While the new anti-cybercrime act remains on hold, there is no systematic government censorship
of online content, and internet users in the Philippines enjoy unrestricted access to both domestic
and international sources of information. A wide range of Web 2.0 applications, including
YouTube, Facebook, Twitter, and international blog-hosting services, are freely accessible. No
incidents of politically-motivated website blocking have been reported.23 The OpenNet Initiative
19
ExecutiveOrderNo.47,June23,2011,OfficialGazette,http://www.gov.ph/2011/06/23/executiveorderno47/.
RicardoSaludo,WillICTfinallygetitsowndepartment?,ManilaTimes,April30,2012,
http://www.manilatimes.net/index.php/opinion/columnist1/21967willictfinallygetitsowndepartment.
21
PatrickVillavicencio,DOSTWithdrawsSupportforDeptofICT,August23,2012,InterAksyon,
http://www.interaksyon.com/infotech/dostwithdrawssupportfordeptofict.
22
ErwinA.Alampay,ICTSectorPerformanceReviewforPhilippines.
23
JacquesD.M.Gimeno,DemocracyastheMissingLink:GlobalRankingsofeGovernanceinSoutheastAsia,inEGovernance
andCivicEngagement:FactorsandDeterminantsofEDemocracyed.A.ManoharanandM.Holzer(Hershey,PA:IGIGlobal,
2012),561583.
20
THE PHILIPPINES

found no evidence of national filtering,24 though several organizations reported monitoring and
filtering activities in the workplace.25
The Cybercrime Prevention Act, signed into law on September 12, 2012, allows the Department
of Justice to restrict or block content without a court order, including some overly-broad
categories like cybersex, which fails to differentiate between consensual and illegal acts.26 The
laws most troubling provisions introduce punitive jail terms for online libel, outlined in Violations
of User Rights.
The reaction to the passing of this punitive piece of legislation was encouraging, if full of apparent
contradictions. Before it took effect, the acts own sponsor, Senator Edgardo Angara, stated that he
would amend it to require a court order in support of content restrictions: Im trying to trace in
the record who introduced this kind of provision, he told local journalists.27 Activists moved
quickly to prevent the acts implementation, and different groups and stakeholders had filed 15
petitions with the Supreme Court to question its constitutionality by January 2013.28 In response,
the justices issued a 120-day restraining order to prevent the law from being acted upon, which the
court extended indefinitely in February 2013; in oral arguments, the governments lawyer
acknowledged that the clauses relating to content restrictions were unconstitutional.29 Meanwhile,
Senator Miriam Defensor Santiago filed a rival bill with congress that, if passed, would repeal the
act.30 Santiago told journalists her Magna Carta for Philippine Internet Freedom bill provides for
court proceedings in cases where websites or networks are to be taken down and prohibits
censorship of content without a court order.31 It is not clear how much support Santiagos bill may
attract, and passing a bill in the Philippines can take months or even years.
As of March 2013, there are eight other proposed bills in the Senate calling for regulation of online
content pertaining to child pornography, gambling, and phishing, some of which would require
ISPs, web hosting services and educational institutions to monitor users and disable access to
banned content. The Anti-Child Pornography Act of 2009 also requires ISPs to install unspecified
available technology, program or software to filter content prohibited by the act.32
24
OpenNetInitiative,InternetFilteringinAsia,2009,http://opennet.net/research/regions/asia.
ErwinA.AlampayandReginaHechanova,MonitoringEmployeeUseofInternet:EmployersPerspective,Inquirer,January
24,2010,http://business.inquirer.net/money/topstories/view/20100124249272/MonitoringemployeeuseofInternet
Employersperspective.
26
RepublicAct10175,OfficialGazette,September12,2012,http://www.gov.ph/2012/09/12/republicactno10175/.
27
AuthorofCybercrimeLawtoFileBillAmendingIt,Rappler,October3,2012,http://www.rappler.com/nation/13545
authorofcybcerimelawtofilebillamendingit.
28
MarkD.Merueas,SCJunks16thPetitionvs.CybercrimeLaw,January24,2013,
http://www.gmanetwork.com/news/story/291825/scitech/technology/scjunks16thpetitionvscybercrimelaw.
29
EduPunay,SCExtendsTROonCyberLaw,PhilippineStar,February6,2013,
http://www.philstar.com/headlines/2013/02/06/905368/scextendstrocyberlaw.
30
SenateBillNo.3327,SenateofthePhilippines,accessedJuly,2013,http://www.senate.gov.ph/lisdata/1446312119!.pdf.
31
NormanBordadora,SantiagoProposesMagnaCartaforInternet,Inquirer,December1,2012,
http://technology.inquirer.net/20769/santiagoproposesmagnacartaforinternet#ixzz2RJNaXMVZ.
32
RepublicActNo.9775,November17,2009,TheLawPhilProject,
http://www.lawphil.net/statutes/repacts/ra2009/ra_9775_2009.html.
25
THE PHILIPPINES

There have been no reports of officials putting pressure on online journalists or bloggers to delete
content when it is critical of the authorities. However, many news websites are online versions of
traditional media which self-censor due to the level of violence against journalists in the Philippines.
While it is fair to surmise that the same attitude is reflected in their online output, the degree is
difficult to establish. Notably, however, one of the Senates main proponents of the libel clause in
the Anti-Cybercrime Act argued that it would instill self-censorship in internet usersthe actual
phrase was think before you click, according to local blogger Rassa Robles.33
More generally, the Philippine blogosphere is rich and thriving. Both state and non-state actors
actively use the internet as a platform to discuss politics, especially during elections. Online
protests against the Cybercrime Prevention Act were common for several months before and after
the law was passed, with individuals blacking out their profile pictures on social networks. Many
dubbed it Cyber Martial Law after the era of military rule in the 1970s when freedom of expression
was seriously threatened.34 While encouraging, these protests can only be called successful
inasmuch as they spurred the filing of the 15 petitions with the Supreme Court, which are to be
credited with ultimately suspending the laws implementation.

The Cybercrime Prevention Act, which passed in 2012 after more than a decade of deliberations,35
uncritically adopted archaic libel provisions from the penal codelong challenged by local and
international human rights groups36and increased the minimum penalty for online violations
from six months to a staggering six years in jail, apparently at the last minute and without public
discussion.37 Other provisions require service providers to cooperate with law enforcement in
monitoring users suspected of cybercrime, and potentially allow police to monitor online traffic in
real time. Despite the Supreme Courts restraining order on the laws implementation, it has
already created a chilling effect among internet users. Violence against traditional journalists exerts
a negative effect on freedom of expression in the Philippines, but as of 2013, had relatively little
impact on online communication.38
33
RassaRobles,WhoInsertedthatLibelClauseintheCybercrimeLawattheLastMinute?,RaissaRobles,September18,
2012,http://raissarobles.com/2012/09/18/whoinsertedthatlibelclauseinthecybercrimelawatthelastminute/.
34
T.J.D.,ProtestsVersusCybercrimeLawRageonMultipleFronts,October2,2012,GMANews,
http://www.gmanetwork.com/news/story/276448/scitech/technology/protestsvscybercrimelawrageonmultiplefronts.
35
TheRoadtotheCybercrimePreventionActof2012,Rappler,October9,2012,http://www.rappler.com/richmedia/13901
theroadtothecybercrimepreventionactof2012.
36
HumanRightsWatch,Philippines:NewCybercrimeLawWillHarmFreeSpeech,September28,2012,
http://www.hrw.org/news/2012/09/28/philippinesnewcybercrimelawwillharmfreespeech.
37
JillianC.York,Philippines'NewCybercrimePreventionActTroublingforFreeExpression,ElectronicFreedomFoundation,
September18,2012,https://www.eff.org/deeplinks/2012/09/philippinesnewcybercrimepreventionacttroublingfree
expression.
38
Article19,Philippines:ARTICLE19'sSubmissiontotheUNUniversalPeriodicReview,November29,2011,
http://www.article19.org/resources.php/resource/2879/en/philippines:article19%27ssubmissiontotheununiversal
periodicreview.
THE PHILIPPINES

The Bill of Rights of the 1987 Constitution protects freedom of expression (Section 4) and privacy
of communication (Section 1).39 However, some laws undermine those protections. Libel is
punishable by fines and imprisonment under the Revised Penal Code. This has historically been
challenging to prove in online cases which lack a physical place of publicationone of the
requirements for an offline prosecutionand in 2007, a Department of Justice resolution
established that Articles 353 and 360 of the Revised Penal Code covering libel do not apply to
statements posted on websites.40 This may have discouraged, but did not stop, attempts to
prosecute online libel. In 2011, a doctor filed a complaint over an allegedly defamatory statement
about him posted in the comments section of their website. In January 2013, the prosecutor
dismissed the complaint against the website staffers on the basis that they are not responsible for
content they neither edited nor approved. However, charges are still pending against the third
respondent who left the comment.41
The 2012 cybercrime law not only adopted the penal codes definition of libel, but further
classified it as a cybercrime punishable by six to twelve years in prison or a fine determined by the
Department of Justice. The identical offense perpetrated offline carries a lesser sentence of six
months to four years and two months imprisonment under the Revised Penal Code.42 A
government lawyer warned that liking or sharing a libelous post on Facebook or Twitter could
result in imprisonment.43 Others pointed out that the law could imprison the living for libeling the
dead, and that the author of alleged libel could be sued for something written years before the law
was passed if the content is still available online.44 One lawyer reposted content that had sparked a
libel suit against him in 2010 to his Facebook page in an attempt to create the kind of judicial
controversy that would spur the Supreme Court to intervene over the law.45
While the legal challenges to the law have left its future in doubt, a private citizen used it to sue a
neighbor for uploading a video to YouTube under an allegedly libelous title in October 2012; the
preliminary investigation into the complaint was suspended due to the restraining order issued by
39
1987PhilippineConstitution,ArticleIII,BillofRights,viaAsianHumanRightsCommission,accessedJuly2013,
http://philippines.ahrchk.net/news/mainfile.php/leg_sel/15/.
40
DepartmentofJustice,ResolutionNo.05111895onMalayanInsurancevs.PhilipPiccio,etal.,June20,2007.Article353
statesthat,libeliscommittedbymeansofwriting,printing,lithography,engraving,radio,phonograph,painting,theatrical
exhibition,cinematographicexhibition,oranysimilarmeans.TheDepartmentalsostatedthattheaccusedarenotculpable
becausetheycannotbeconsideredasauthors,editors,orpublishersasprovidedforinArticle360.Criticshavefurthernoted
thattheRevisedPenalCode,whichdatesfrom1932,longpredatesdigitaltechnology,andthereforeshouldntbeappliedto
digitalcontent.
41
ReneAcosta,ProsecutorDropsLibelComplaintvsTVNetwork,January6,2013,BusinessMirror,
http://www.businessmirror.com.ph/index.php/news/nation/7273prosecutordropslibelcomplaintvstvnetwork
42
PurpleRomero,DOJHoldsDialogueonEMartialLaw,October9,2012,Rappler,http://www.rappler.com/nation/13837
itsnotemartiallaw.
43
SolGen:NetizensSpreadingLibelousPostsCriminallyLiable,January29,2013,SunStar,
http://www.sunstar.com.ph/breakingnews/2013/01/29/solgennetizensspreadinglibelouspostscriminallyliable265420.
44
DigitalMartialLaw:10ScaryThingsAbouttheCybercrimePreventionActof2012,Spot,October2,2012,
http://www.spot.ph/newsfeatures/52041/digitalmartiallaw10scarythingsaboutthecybercrimepreventionactof
2012/1#sthash.4vVhXXNS.dpuf.
45
MarkMerueas,LawyerWantsTestCaseonCybercrimeLaw,GMANews,October3,2012,
http://www.gmanetwork.com/news/story/276548/news/nation/lawyerwantstestcaseoncybercrimelaw.
THE PHILIPPINES

the Supreme Court against the cybercrime law.46 Another prominent case did not involve a
criminal prosecution. In 2012, a group of nurses said their hospital had fired them for liking a
Facebook post criticizing the management.47 Though the state-run hospital denied Facebook was a
factor in the termination, the case evoked the same fearof authorities taking arbitrary action over
ICT contentas the anti-cybercrime law itself.
The cybercrime act would also facilitate government surveillance of online communication,
allowing the authorities to monitor online activities, and requiring service providers to assist the
government in collecting and storing user data pertaining to acts classified as cybercrimes, including
spam and file-sharing.48 The extent to which they already conduct surveillance is not clear. The
government acted on Section 10 of the law to create an anti-cybercrime group within the Philippine
police force in March 2013.49 It is not known whether the team has begun collecting real-time
traffic data based on the laws contested section 12.50
A Data Privacy Act introduced into law on August 15, 2012 establishes parameters for the
collection of personal information and an independent privacy regulator, but only pertaining to data
voluntarily provided in private or official transactions, such as credit card information or social
security details.51 While many clauses are ICT-specific, requiring those who control information
online to take steps such as assessing reasonably foreseeable vulnerabilities in computer networks, it
does not redress the provisions in the Cybercrime Prevention Act that would allow monitoring or
collection of personal data in criminal cases with neither the user nor the courts consent.52
Other laws with privacy implications include the Anti-Child Pornography Act of 2009 which
explicitly states that its section on ISPs may not be construed to require an ISP to engage in the
monitoring of any user,53 though it does require them to obtain and preserve evidence of
violations, and threatens to revoke their license for non-compliance; section 12 of the law also
authorizes local government units to monitor and regulate commercial establishments that provide
internet services. Under the Human Security Act of 2007, law enforcement officials must obtain a
46
TriciaAquino,CebuResidentSubpoenaedOverCyberLibelousYouTubePost,October27,2012,InterAksyon,
http://www.interaksyon.com/article/46643/ceburesidentsubpoenaedovercyberlibelousyoutubepost.
47
MatikaSantos,AudioRecordingBaresNursesFiredOverFacebookLikeonCriticalStatusUpdate,Inquirer,October10,
2012,http://technology.inquirer.net/18744/audiorecordingbaresnursesfiredoverfacebooklikeoncriticalstatusupdate.
48
PaulTassi,ThePhilippinesPassesaCybercrimePreventionActthatMakesSOPALookReasonable,Forbes,October2,2012,
http://www.forbes.com/sites/insertcoin/2012/10/02/thephilippinespassesthecybercrimepreventionactthatmakessopa
lookreasonable/.
49
OfficialHomepageofthePhilippineNationalPolice,PNPActivatesAntiCybercrimeGroup,pressrelease,March21,2013,
http://pnp.gov.ph/portal/pressnewsreleases/latestnews/969pnpactivatesanticybercrimegroup.
50
TetchTorres,GovtAdmitsCyberlawBarelyConstitutional,January29,2013,Inquirer,
http://newsinfo.inquirer.net/349173/govtadmitscyberlawbarelyconstitutional.
51
RepublicActNo.10173,OfficialGazette,August15,2012,http://www.gov.ph/2012/08/15/republicactno10173/;Janette
Toral,SalientfeaturesofDataPrivacyActof2012RepublicAct10173,DigitalFilipino,December17,2012,
http://digitalfilipino.com/salientfeaturesofdataprivacyactof2012republicact10173/.
52
AlecChristieandArthurCheuk,Australia:NewToughPrivacyRegimeinthePhilippinesDataPrivacyActSignedIntoLaw,
DLAPiperAustraliaviaMondaq,October27,2012,
http://www.mondaq.com/australia/x/203136/Data+Protection+Privacy/privacy+law+Philippines.
53
ImplementingRulesandRegulationsoftheAntiChildPornographyActof2009,viaUniversityofMinnesotaHumanRights
Library,accessedJuly2013,
http://www1.umn.edu/humanrts/research/Philippines/IRR%20%20of%20the%20Anti%20Child%20Pornography%20Act.pdf.
THE PHILIPPINES

court order to intercept communications or conduct surveillance activities against individuals or
organizations suspected of terrorist activity.54 To date, no abuse of this law has been reported.
Other bills pending in Congress as of March 2013 would potentially add to privacy concerns by
requiring ISPs, web-hosts, and educational institutions to monitor users trying to access child
pornography, gambling sites, or performing illegal hacking.55
Violence against journalists is a significant problem in the Philippines. As of April 30, 2013, the
Committee to Protect Journalists reported at least 73 Philippine journalists had been killed in
relation to their workmost covering political beatssince the organization started compiling
records in 1992.56 Not one of these murders has been fully prosecutedmeaning that everyone
responsible for both ordering and executing the killing have been tried and convictedcreating an
entrenched culture of impunity that sends the message that individuals exercising free speech can be
attacked at will. This trend has yet to make itself felt among internet users: There have been no
prominent cases reported of attacks on bloggers for online expression, though some fear that may
change as internet penetration grows and more people turn to web-based news sources.
There are no restrictions on anonymous communication in the Philippines. The government does
not require the registration of user information prior to logging online or subscribing to internet
and mobile phone services, especially since prepaid services are widely available, even in small
neighborhood stores.
There have been no reports of politically-motivated incidents of technical violence or cyberattacks
perpetrated by the government towards private individuals. However, in October 2012, the
Philippine chapter of the group Anonymous perpetrated a series of cyberattacks against
government- and privately-owned websites.57
54
RepublicAct9372HumanSecurityActof2011(fulltext),PhilippineeLegalForum,July10,2007,http://jlp
law.com/blog/ra9327humansecurityactof2007fulltext/
55
Forexample,SBN1710:SaferNetAct,SenateofthePhilippines,accessedJuly,2013,
http://www.senate.gov.ph/lis/bill_res.aspx?congress=15&q=SBN1710.
56
Theorganizationdocumentedanadditional37journalistmurdersinwhichthemotivewasnotconfirmed.Committeeto
ProtectJournalists,73JournalistsMurderedinPhilippinessince1992,accessedMay2013,
http://cpj.org/killed/asia/philippines/.
57
CamilleDiola,AnonymousPhilippinesHacksGovtWebsitesAnew,PhilippineStar,January15,2013,
http://www.philstar.com/cybercrimelaw/2013/1/15/897221/anonymousphilippineshacksgovtwebsitesanew.
THE PHILIPPINES
RUSSIA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
11
18
23
52
10
19
25
54


The number of websites classified as extremist material and blocked by the Ministry of
Justice increased approximately 60 percent from January 2012 to February 2013 (see
LIMITS ON CONTENT).
In July 2012, the State Duma passed Federal Law #139-FZ which allows the
government to create a list of websites that ISPs must block without any mechanism for
judicial oversight. This law is intended to restrict access to sites with illegal content,
such as child pornography, drug-related material, or extremist content; however, sites
with legitimate content have also been blocked under this law (see LIMITS ON
CONTENT).
Internet use continued to be a significant tool for mobilization and communication
among civil society and opposition groups (see LIMITS ON CONTENT).
In July 2012, the Russian criminal code was amended to recriminalize defamation in
traditional and online media (see VIOLATIONS OF USER RIGHTS).
Cases of criminal prosecution for online activities increased from 38 in 2011 to 103 in
RUSSIA

INTRODUCTION
Since Vladimir Putins return to the presidency in May 2012, issues related to internet freedom in
Russia have continued to move toward the forefront of social and political concerns. Activists
demonstrated the internets wide-ranging potential for political mobilization and, in so doing, have
attracted the close attention of the authorities. Increasingly, the internet is regarded by the Russian
state as a realm that requires tighter regulation and restrictions.1
The number of active online users continues to grow, particularly in small towns and among older
generations.2 There was a notable increase in the number of websites on the three Russian top-level
domains (.ru, .su and .), and by the end of 2012, a total of 5,156,504 domain names were
registered by 25 accredited registrars.3 At the same time, many website owners have begun to
choose foreign jurisdictions to host their sites; last year showed a rapid growth in Russian demand
for renting server equipment outside of the country.4
In July 2012, the government passed Federal Law #139-FZ, which allows for the creation of a
blacklist of websites that internet service providers (ISPs) within Russia are required to block.
The law is intended to block access to illegal or otherwise harmful material on the internet, such as
child pornography, material related to drug abuse, and so forth. However, there is no judicial
approval required to place a website on the blacklist, and many websites with legitimate content
have also been blocked in the process. Critics warn that the law is difficult to implement without
negatively impacting otherwise legal online activities, and that it could be used to directly censor
online content.
The number of legal restrictions against online users also increased over the past year, including an
increase in the number of criminal prosecutions against online users, and the recriminalization of
defamation through legislation passed by the State Duma. Moreover, well-known bloggers like
Aleksei Navalny and Rustem Adagamov,5 as well as regular users and activists, were subjected to
harassment and prosecution. For the first time, internet activists began to flee Russia, seeking
asylum in other countries.6
ElenaMilashina,Russiastepsupcrackdownonrightsgroups,Internet,CommitteetoProtectJournalists,March26,2013,
http://www.cpj.org/blog/2013/03/russiastepsupcrackdownonrightsgroupsinterne.php#more.
2
AnastasiaGolitsyna,Google[GoogleSpeedsUp],Vedomosti.ru,January29,2013,
http://www.vedomosti.ru/newspaper/article/383941/google_uskoryaet_shag.
3
RussianDomains[inRussian],Statdom.ru,accessedJuly30,2013,http://statdom.ru/.
4
RussianCustomersFillUpEuropeanDataCenters[inRussian],accessedJuly30,2013,
http://www.deac.lv/?object_id=16936.
5
AlanCullison,RussiaInvestigatesAllegationsAgainstOppositionBlogger,WallStreetJournal,January11,2013,
http://online.wsj.com/article/SB10001424127887324581504578236031175757590.html?KEYWORDS=Russia
6
EstoniaGrantsPoliticalAsylumtoBloggerWhoCriticisedRussianOrthodoxChurch,AgoraHumanRightsAssociation,
October19,2012,http://agora.rightsinrussia.info/archive/news/efimov/asylum.
RUSSIA

OBSTACLES TO ACCESS
The internet penetration rate in Russia has continued to grow over the past few years.7 In 2012, the
internet penetration rate stood at 53 percent, up from 25 percent in 2007, according to the
International Telecommunication Union (ITU).8 Survey data from the Public Opinion Foundation
indicates that the estimated number of people who use the internet on a daily basis increased from
44.3 million users (38 percent of the population) at the end of 2011 to 50.1 million users (43
percent of the population ) at the end of 2012.9 During this time period, the greatest growth in
internet use occurred in villages and towns with less than 100,000 inhabitants.10 The mobile phone
penetration rate at the end of 2012 was 161 percent, with approximately 230 million mobile phone
subscribers among the top seven Russian mobile service providers.11
In early 2013, Prime Minister Dmitry Medvedev commissioned the Ministry of Communications
and several other government bodies to develop a series of measures by April 1, 2013 that would
reduce the cost of broadband internet access for households.12 The average monthly cost of a
broadband connection with a speed of 1 Mbps is $1.80.13 Currently, however, it costs service
providers RUB 12,000 (approximately US$365) to connect one household to a broadband
network.14 This cost may be one of the determining factors in the persisting gap in internet
penetration between large cities and rural areas, and among different regions of the country. For
instance, the penetration rate in the Northwestern Federal District reached 62 percent in 2012,
whereas in the Volga and North Caucasus regions it did not exceed 49 percent.15 In part, this gap in
internet access is counteracted by the explosive growth of mobile internet access. By the end of
2012, there were approximately 22.5 million mobile internet subscribers, an increase of 88 percent
from 2011.16
Internet access in schools also varies according to region, with many Russian schools still lacking an
internet connection. According to a survey conducted by the National Training Foundation, 70
7
PublicOpinionFoundation,:.2012[InternetinRussia:Dynamicsof
Penetration.Fall2012],December18,2012,http://runet.fom.ru/Proniknovenieinterneta/10738.
8
9
PublicOpinionFoundation,InternetinRussia.Reporthighlights,accessedJuly30,2013,http://www.ewdn.com/wp
content/uploads/2013/03/FOM_Internet_Winter_2012_20131.pdf.
10
PublicOpinionFoundation,InternetAudience:Yesterday,Today,Tomorrow...[inRussian],November29,2012,
http://runet.fom.ru/Proniknovenieinterneta/10714.
11
AdvancedCommunications&Media,CellularData,accessedJuly30,2013,http://www.acmconsulting.com/data
downloads/cat_view/7cellular.html.
12
MedvedevCommandedtoDecreasethecostofInternetaccessinRussia[inRussian],RIANovosti,January21,2013,
http://ria.ru/economy/20130121/918943794.html.
13
MariaPetrova,BroadbandAccesstotheInternetMustBecomeCheaper[inRussian],Comnews.ru,January22,2013,
http://www.comnews.ru/node/69851.
14
,RBCDaily,January22,2013,http://www.rbcdaily.ru/media/562949985558334.
15
DynamicsofInternetpenetrationinFederalDistrictsandsettlements[inRussian],December18,2012,
http://runet.fom.ru/Proniknovenieinterneta/10738.
16
MobileInternetMarketReview.UseofmobileinternetthroughsmartphonesandtabletPCs,J'sonandPartnersConsulting
OfficialWebsite,January2013,http://bit.ly/15BZjTz.
RUSSIA

percent of schools in cities with more than 1 million inhabitants are connected to the internet,
whereas in rural areas, less than 45 percent of schools have internet access.17
In May 2012, several Russian ISPs (VimpelCom, Megafon, Mobile TeleSystems and the statecontrolled company Rostelecom) announced plans to develop an underwater fiber-optic cable
connecting towns on the island of Sakhalin to the Far East regions of Kamchatka and Magadan.18
The project, which would significantly lower prices of internet access on the island, is expected to
take about two years to complete.19 It should be noted, however, that there have been multiple
failed attempts to construct an undersea cable to Sakhalin in the past.20
There are no specific legal restrictions on ICT connectivity or limitations on social media and
communication apps. However, in September 2012, members of the State Duma issued a proposal
that would outlaw the use of anonymizers and circumvention tools that enable users to send and
receive encrypted data, access blocked websites, or make their online activities less conspicuous.21
As of May 2013, this proposal had not been acted upon and the use of these tools is still legal,
although in August 2013 the FSB director revived this debate by announcing that his agency would
begin working with other Russian law enforcement and security bodies to draft such legislation.22
The broadband market in Russia is still highly concentrated. State-owned provider Rostelecom
controls 39 percent of the broadband market, while the other five main providers (VimpelCom,
ER-Telecom, Mobile TeleSystems, TransTelecom, and AKADO) together control approximately
40 percent.23 The remaining 21 percent of the market is controlled by smaller ISPs. This data
reflects the overall market distribution throughout the country; however, competition is much
lower in small towns and regions where only a few service providers operate.24 Similarly, the
Russian mobile communications market is dominated by three leading companiesMobile
TeleSystems, VimpelCom, and Megafonwhich together control 82 percent of the market.25
17
.[Computerequipmentinschools],RIANovosti,September11,2012,
http://ria.ru/ratings/20120911/747679545.html.
18
[CtartovalidesignworkfortheconstructionofunderwaterfiberopticSakhalinMagadanKamchatka],Corporatewebsiteof
Rostelecom,June9,2012,http://www.kamchatka.rt.ru/press/news/news877.
19
Russianstolinkeasternislandsbycable,GlobalTelecomBusiness,May16,2012,
http://www.globaltelecomsbusiness.com/article/3029654/Russianstolinkeasternislandsbycable.html.
20
TheislandofSakhalinisstillveryfaraway,TheEconomist,April5,2010,
http://www.economist.com/blogs/babbage/2010/04/broadband_prices_russia.
21
DmitryRunkevich,[ThedeputiesshallbananonymityontheNet],Izvesita.ru,
September21,2012,http://izvestia.ru/news/535724.
22
RussiasFSBmullsbanonToronlineanonymitynetwork,RT.com,August16,2013,http://rt.com/politics/russiator
anonymizerban571/.
23
AdvancedCommunications&Media,RussianResidentialBroadbandData2012,accessedJuly30,2013,http://www.acm
consulting.com/datadownloads/cat_view/16broadband.html.
24
:[Internetinremoteplaces:overviewofbroadband
accesscostinsmalltowns],Telecomza.ru,April17,2013,http://telekomza.ru/2013/04/17/internetvglubinkeobzorstoimosti
shpdvnebolshixgorodax/.
25
AdvancedCommunications&Media,CellularData2012,accessedJuly30,2013,http://www.acmconsulting.com/data
downloads/cat_view/7cellular/19cellular2012.html.
RUSSIA

The ICT and media sector is regulated by the Federal Service for Supervision in the Sphere of
Telecom, Information Technologies, and Mass Communications (Roskomnadzor) under the
control of the Ministry of Communications and Mass Media and the Government of the Russian
Federation. With the new internet blacklist law (Federal Law #139-FZ) going into effect in
November 2012, Roskomnadzor now has the authority to determine if a website should be blocked
based on whether or not the site contains material that is restricted by the law; these decisions do
not require prior court approval. As a result, Roskomnadzor has become a primary player in the
field of controlling and filtering information on the internet. Concerning the technical aspects of
access to the internet, the regulatory bodies generally operate fairly. However, their efforts to
overcome the digital gap and open up the ICT market to greater competition have been
insufficient.
LIMITS ON CONTENT
In 20122013, the Russian government ramped up its practice of restricting online content through
the blocking of websites. In addition to a 60 percent increase in the number of websites placed on
the federal list of extremist materials from January 2012 to February 2013, with the enactment of
Federal Law #139-FZ in November 2012, the regulatory authority can now place websites deemed
harmful to the health and development of children on an internal blacklist of sites that ISPs are
required to block, without prior decisions or approval by a court.
Blocking access to information on entire websites, IP addresses, and particular webpages has
become the most common means in Russia to restrict user activity on the internet. This control
over online content expanded after Federal Law #139-FZ was passed on July 28, 2012. Commonly
known as the internet blacklist law, this law, for the first time in Russian history, legalised the
blocking of access to websites without requiring a court ruling. Since the law took effect on
November 1, 2012, websites on which experts find pornographic images of minors, information
about suicide techniques, or information on preparing or taking drugs can be placed on a special
register within two days, and access to these sites can be blocked on the basis of a decision by
Roskomnadzor. In addition to the material targeted in the legislation, blocked websites have
included Ri-online.ru (the website of Ingushetia Online, a local news site), a Jehovah's Witnesses
site,26 websites of Caucasian separatists, blogs on LiveJournal, and an analytical article by the public
figure and academic Yuri Afanasyev.27
During the first four months of the enforcement of Federal Law #139-FZ (November 1, 2012
February 28, 2013), 309 domain names were banned and 197 IP addresses were blocked, causing
approximately 4,000 blockings of those resources that shared IP addresses with banned sites.28 In
November 2012, during the first weeks of the implementation of the new law, dozens of websites
26
Jehovah'sWitnesseswebsiteidentifiedasextremist[inRussian],SecurityLab.ru,June15,2012,
http://www.securitylab.ru/news/425840.php.
27
RegisterofextremistmaterialswasreplenishedwithanarticlebyYuriAfanasyev[inRussian],Agentura.yu,February19,
2013,http://www.agentura.ru/news/28138.
28
TheRegisterMonitoring[inRussian],February27,2013,http://rublacklist.net/4445/#more4445.
RUSSIA

were blocked for seemingly arbitrary reasons. Among those sites were popular resources such as
Lurkmore.to (a wiki-based ironic online encyclopedia for internet subcultures), RuTracker.org (a
popular torrent tracker), and Lib.rus.ec (an open library).
In the period from July to December 2012, Google reported that there were 114 requests by the
Russian authorities to remove content from various Google platforms, compared to 4 requests
during the same period in 2011.29 These included 111 requests issued by police or executive
authorities and 3 court orders. Material related to suicide promotion and drug abuse accounted for
the majority of the removal requests (56 requests and 51 requests, respectively), followed by 3
cases related to defamation, 3 related to privacy and security, and 1 related to hate speech. In
response to these requests, Google removed content for violating their own product policies in
more than half of the cases, and restricted content from local view in about one third of the cases.30
In September 2012, there were widespread demands from prosecutors offices and from
Roskomnadzor to block access to sites hosting fragments of the Innocence of Muslims video.
According to Googles Transparency Report, the company decided to restrict in-country access to
the video in eight countries, including Russia.31 However, prior to this restriction, demands from
the General Prosecutor went out to ISPs across the country, instructing the service providers to
block access to the content prior to any court decisions. Given the varying nature of each request,
some ISPs opted to block the entire YouTube platform, rendering it temporarily inaccessible for
users in certain regions, while other ISPs also blocked access to the social network Vkontakte for
containing pages with links to the video.32 In each case, the service providers complied with the
request before the court identified the video as containing extremist material.
In late 2011, Roskomnadzor announced that it had installed online software to detect extremist
material. Under the new system, websites flagged by the software are given three days to take
down the allegedly offending content. If a site does not comply, two additional warnings are sent
followed by a complete shutdown. The test mode version of the software was to begin operating in
December 2011, though its full deployment was indefinitely postponed as of mid-2012. The
Ministry of Justice, on the other hand, has invited bids to create its own internet monitoring
system, apparently for the purposes of examining content related to the Russian government and
justice systems, and to any European Union statement concerning Russia.33
The practice of identifying online materials as extremist, which was widespread and used to block
websites after the adoption of anti-extremist legislation in 2002, expanded in 2012 when dozens of
webpages were added to a federal list of extremist materials, operated by the Ministry of Justice.
29
Russia,GoogleTransparencyReport2012,accessedJuly30,2013,
http://www.google.com/transparencyreport/removals/government/RU/?hl=en_GB.
30
Ibid.
31
GoogleTransparencyReport:Russia,JulyDecember,2012,accessedJuly30,2012,
http://www.google.com/transparencyreport/removals/government/RU/.
32
MariaKravchenko,InappropriateEnforcementofAntiExtremistLegislationinRussiain2012,editedbyAlexander
Verhovsky,SOVACenterforInformationandAnalysis,June26,2013,http://www.sovacenter.ru/en/misuse/reports
analyses/2013/06/d27382/#_Toc357760970.
33
2012Surveillance:Russia,ReportersWithoutBorders,March12,2012,http://bit.ly/VoO1HS.
RUSSIA

The federal list contains details of court decisions that identify any online information materials as
extremist. As of February 2013, the list included 1,704 items, compared to 1,066 as of January
2012.34 According to the law, anyone who disseminates these materials, either offline or online,
may be administratively or criminally prosecuted and receive a penalty ranging from a fine of RUB
1,000 (approximately $30) to up to 5 years imprisonment, depending upon the legal treatment.
In total, no less than 608 decisions were made during 2012 to block access to websites, either
through court judgments or by service providers, compared to 231 decisions in 2011.35 This
number does not include blockings made under the new blacklist law. At the end of 2012,
Roskomnadzor officials reported that 1206 entries were made on the Unified Register at the site
Zapret-info.gov.ru, which means either that the information on these sites was deleted or that the
website was blocked completely.36
At the end of 2011, new rules for the registration of domain names for the domains .ru and
. were adopted by the Coordination Center for TLD RU/.37 These rules have given
registrars the right to terminate the domain name delegation of a website based on a decision in
writing by the head of an agency which exercises operational search actions, such as the police, the
Federal Security Service, the drug police, or the customs agency. In accordance to these rules, in
February 2012 the domain name registrar Masterhost discontinued its delegation of the Andrei
Rylkov Foundation for Health and Social Justices domainRylkov-fond.rubased on a report by
the head of the directorate of the Moscow branch of the Federal Service for Drug Control, which
stated that the office received information that the domain [...] contained materials that
propagandised (advertised) the use of narcotics. In reality, the foundations site contained official
documents on replacement therapy from the World Health Organisation and the United Nations
Office on Drugs and Crime.38
Some actions taken by local prosecutors and regional courts regarding the blocking of online
content have been questionable. In August 2012, for example, the Perm City Court forced an ISP
to block a free listings website, stating that a search for the phrase buy marijuana in Perm using
the Yandex search engine provided a link to that website. According to a representative from the
company that ran the site, an advertisement for a smoking blend had indeed been placed on the site.
However, the government bodies had not contacted the site owner, and instead went straight to
court. Although the moderator subsequently deleted the advertisement, the ruling to force the
service provider to block the sites IP address had already taken legal effect.
34
Federallistofextremistmaterials,MinistryofJusticeofficialwebsite,accessedJuly30,2013,
http://minjust.ru/ru/extremistmaterials?search.
35
AGORAAssociation,:[Report:Russiaaglobalthreatto
Internetfreedom],http://eliberator.ru/news/detail.php?ID=21.
36
TwitteraccountoftheHeadofRussianAssociationforElectronicCommunications(RAEC)SergeyPlugotarenko[inRussian],
December21,2012,https://twitter.com/plugotarenko/status/282014753851854848/photo/1.
37
TheTermsandConditionsofDomainNamesRegistrationindomains.RUand.,TheCoordinationCenterforTLDRU,
accessedJuly30,2013,http://cctld.ru/en/docs/rules.php.
38
RulesGoverningRegistrationofDomainNamesAllowLawEnforcementtoArbitrarilyBlockWebsites,AgoraHumanRights
Association,February7,2012,http://agora.rightsinrussia.info/archive/news/domains/andreirylkov.
RUSSIA

In October 2012, the Prosecutor's Office in the Orel region demanded that the court ban the
website Orlec.ru, a local free encyclopedia, based on the claim that the website hosted extremist
material. The reason stated by the prosecutorthat the material undermined the public image of
local self-governments and the [Russian Federation] authorities in generalindicates the political
nature of the request.39 Additionally, there were questions as to whether the material was actually
planted on the website for the purpose of such an investigation. In the end, the court ruled that the
particular material, which had already been removed, was extremist, but that the website itself was
not.
The practice of putting pressure on service providers and content producers by telephone has
become increasingly common. Police and representatives of the Prosecutors Office often call the
owners and editors of websites to remove unwanted material. Most providers do not wait for court
orders to remove targeted materials, and such pressure encourages self-censorship. As a result,
there has been a massive exodus of opposition websites to foreign site-hosting providers, as well as
a trend toward greater use of social-networking sites. Additionally, as the blacklist law allows the
government to quickly block access to websites that contain information considered to be
prohibited, and the evaluation criteria for these decisions is unclear, users and administrators of
web resources are forced to practice self-censorship in order to avoid responsibility.
Government attempts to influence the blogosphere and other online sources of information
continued from 20122013. The Kremlin allegedly influences the blogosphere through media
organizations as well as the progovernment youth movements Nashi (Ours) and Molodaya
Gvardiya (Young Guard).40 The emergence of competing propaganda websites has led to the
creation of a vast amount of content that collectively dominates search results, among other
effects.41 Leaked e-mails allegedly belonging to Nashi leaders revealed that the pro-Kremlin
movement had been widely engaging in all kinds of digital activities, including paying
commentators to post content, disseminating DDoS attacks, and hijacking blog ratings.42
Propagandist commentators simultaneously react to discussions of taboo topics, including the
historical role of Soviet leader Joseph Stalin, political opposition, dissidents like Mikhail
Khodorkovsky, murdered journalists, and cases of international conflict or rivalry (with countries
such as Estonia, Georgia, and Ukraine, but also with the foreign policies of the United States and
the European Union). Furthermore, minority languages are underrepresented in Russias
blogosphere.
There are few specific economic constraints that negatively impact the financial stability of online
media. The most common sources of news and informationthe federal TV channelsare owned
39
RomanZholud,Labelling[sic]awebpublicationextremist,:howthisisdoneinOryol,GlasnostDefenseFoundationDigest
No.586,GlasnostDefenseFoundation,October8,2012,http://www.gdf.ru/digest/item/1/1016#ev1.
40
TheKremlinaffiliatedmediaorganizationsincludetheFoundationonEffectivePolitics,ledbyGlebPavlovsky;NewMedia
Stars,ledbyKonstantinRykov;andthePoliticalClimateCenter,ledbyAlekseyChesnakov.
41
KseniaVeretennikova,:
[Medvediaholding:UnitedRussiaDecidedtoFormItsOwnMediaSpace],Vremya,August21,2008,
http://www.vremya.ru/2008/152/4/210951.html.
42
Leakedmailboxesarepublishedatthiswebsite:http://slivmail.com/[inRussian].Emailthatcontainstheplantoparalyze
Kommersantnewspaperwebsitepublishedat:http://rumolleaks.livejournal.com/12040.html.
RUSSIA

or controlled by the government. In this way, access to opposition and independent sources of
information depends on ones access to the internet. On July 23, 2012, amendments to the law
On advertising entered into force, outlawing the advertisement of alcohol-based products on the
internet.43 This law has had a considerable financial impact on independent internet resources, as
advertising is their main source of income.
During 2012 and 2013, the internet, particularly social networks like Twitter, Facebook, and
Vkontakte, continued to be a significant tool for mobilization and communication between citizens
and activists. In 2011, opposition activists in Moscow used Facebook to organize street protests in
reaction to the December 2011 State Duma elections, although local platforms like Vkontakte are
more popular tools for political mobilization in other regions.44 Organizers of subsequent protests,
such as those related to Putins inauguration in May 2012 and the January 2013 March Against
Scoundrels protesting the bill banning Americans adoption of Russian children, have also made
use of social-networking platforms to call attention to events. Additionally, crowdfunding websites
such as RosUznik.org, which raises money for and coordinates the legal defenses of civil activists
charged in the Bolotnaya Case, have emerged as a way for opposition activists to organize support
efforts online.45

During 2012 and early 2013, government pressure against online users continued to escalate
through the use of lawsuits, administrative prosecutions, unlawful criminal prosecution using antiextremist legislation, and charges for offending government officials. In July 2012, the State Duma
introduced legislation that recriminalizes defamation for both online and offline speech.
Additionally, the Russian government continues to employ surveillance methods that circumvent
proper judicial oversight requirements and which threaten the civil liberties of online users.
Although the constitution grants the right to free speech, this right is routinely violated, and there
are no special laws protecting online modes of expression. Online journalists do not possess the
same rights as traditional journalists unless they register their websites as mass media. Recently,
police have been suppressing online expression through the use of Article 282 of the criminal code,
which restricts extremism. The term is vaguely defined and includes xenophobia and
incitement of hatred toward a social group. The phrase social group is particularly problematic
as the criminal code does not clearly describe what a social group entails, and several extremism
cases in 2012 involved broad definitions of the term social groups to include the United Russia
political party and law enforcement officers.46
43
811106[DraftBill#811106],OfficialStateDumawebsite,accessedJuly30,2013,http://bit.ly/NlBpxl.
TomBalmforth,RussianOppositionLikesFacebook,RadioFreeEurope/RadioLiberty,May18,2012,
http://www.rferl.org/content/russianoppositionlikesfacebook/24585388.html.
45
ArrestextensionvalidatedforMoscowriotparticipants,RussianLegalInformationAgency,August8,2012,
http://rapsinews.com/judicial_news/20120806/264133072.html.
46
MariaKravchenko,InappropriateEnforcementofAntiExtremistLegislationinRussiain2012,editedbyAlexander
Verhovsky,SOVACenterforInformationandAnalysis,June26,2013,http://bit.ly/18A40f8.
44
RUSSIA

Despite claims that the State Duma is planning to adopt special legislation establishing criminal and
civil liability for internet activities and offenses,47 existing laws do not differentiate between online
and offline activities. In the case of some crimes, such as defamation, slander, or extremism, use of
the internet can be considered an aggravating factor.
In July 2012, the State Duma passed amendments to the criminal code that recriminalized
defamation, after having just decriminalized it less than a year earlier. The revision of Article 128.1
of the code makes it easier to use this provision arbitrarily with the aim of pursuing those who
criticize government policy. Revisions to Article 129 of the code officially make defamation a
criminal offense, with applicable punishment including a fine of up to RUB 5 million
(approximately $170,000). Previously, when prosecuted for defamation, one could typically
expect a suspended sentence, especially as a first offender. Now the maximum possible fine allowed
under the criminal law can be applied under section 5, Article 128.1, with no reduction in other
negative legal consequences for the person convicted.
A draft law concerning the introduction of criminal liability for publicly insulting the feelings of
religious believers was introduced in the State Duma in September 2012.48 The law, which came
into effect on July 1, 2013, establishes fines up to RUB 300,000 (approximately $10,000) or 1 year
imprisonment. Critics point out that the law is too vaguely worded and that key terms, such as
worship or religious traditions, are not properly defined, making it difficult to predict the ways
in which the law will be implemented. It is also unclear in what ways online activities might be
prosecuted under this new law.
The practice of criminal prosecution has expanded over the past year: in 2012 there were 103 cases
of criminal prosecution against online users, compared to 38 cases in 2011.49 The majority of these
cases were related to incitement of hatred against national and social groups or calls for extremism
published on social networks. A few charges for insulting government representatives and inciting
riots have been registered as well. In April 2012, blogger Dmitry Shipilov was sentenced to 11
months of correctional labor for his brusque article addressed to the governor of the Kemerovo
region, Aman Tuleev.50 The Investigative Committee of the Russian Federation opened a criminal
case in March 2012 against journalist and blogger Arkadiy Babchenko for writing a blog post
encouraging an unauthorized protest, with references to using force against police authorities.51
Additionally, on May 14, 2012, State Duma deputy Aleksandr Khinshtein sent a request to the
47
VladimirBogdanov,[Anonymityonclearance],RG.ru,September11,2012,
http://www.rg.ru/2012/09/11/anonim.html.
48
1423036[DraftBill#1423036],OfficialStateDumawebsite,accessedJuly30,2013,
http://asozd.duma.gov.ru/main.nsf/(SpravkaNew)?OpenAgent&RN=1423036&02.SeealsoAnalysisonRussiasNew
BlasphemyLaw:28February2013,TheInstituteonReligionandPublicPolicy,http://www.religionandpolicy.org/reports/the
institutecountryreportsandlegislativeanalysis/europeandeurasia/russia/analysisonrussiasnewblasphemylaw2013/.
49
Russia:aglobalthreattointernetfreedom,AgoraHumanRightsAssociation,February4,2013,
http://agora.rightsinrussia.info/archive/reports/globalthreat.
50
11[Bloggerreceived11monthsforinsultingTuleyev],Grani.ru,April3,
2012,http://grani.ru/Internet/m.196855.html.
51
Independentjournalistsuedforextremistblogentry,Gazeta.ru,March21,2012,
http://en.gazeta.ru/news/2012/03/21/a_4099301.shtml.
RUSSIA

General Prosecutor's Office to open a criminal case against users of Twitter and Facebook who
called for participation in public protests in Moscow on May 6, 2012, though it appears that the
General Prosecutor has not acted on the request.52
Various forms of administrative and legal pressure against online bloggers and activists continued in
20122013. In August 2012, Maksim Efimov, the chair of the Karelia Youth Human Rights Group,
sought asylum in Estonia after prosecutors requested that he be committed to a psychiatric ward. In
April 2012, Efimov was charged with insulting the feelings of Orthodox believers for his critical
article entitled Karelia is tired of priests, which described the close cooperation between the
Karelian regional government and representatives of the Russian Orthodox Church.53 Efimov has
been granted political asylum in Estonia, while the criminal case against him remains under
investigation by the Karelian Investigative Committee.54
In May 2012, a civil activist from Tuymen, Nikolay Lyambin, was arrested on suspicion of drug
possession. Lyambin claims that the drugs were planted and relates his detention and prosecution to
his activities online, as he was one of the creators of an opposition group on the social network
Vkontakte.55 In February 2013, Pavel Khotulev, who criticized regional standards of education in
Tatarstan in his blog post, was sentenced to pay a fine of $3,300 for incitement of hatred against
Tatars.56
Privacy and anonymity are key concerns for many online users in Russia. There are currently no
restrictions on the use of circumvention tools or anonymizers, although such tools may be banned
in the near future. Presently, identification is needed for signing a contract for internet access or
cellular services. Additionally, owners of public Wi-Fi spots are required to use content filters to
protect children from potentially accessing harmful information (Article 6.17 of the code of
administrative offenses). This requirement may force owners to implement age checks for users. In
October 2012, State Duma members from the Liberal Democratic Party of Russia revived the idea
of forcing social network users to enter their passport details when registering on these websites.57
However, later that month the State Duma decided that this proposal was unnecessary.58
The extent to which internet users in Russia are subject to extralegal surveillance of their online
activities remains unclear; however, recent evidence suggests that the Russian government has
significantly increased its surveillance capabilities over the past few years. Since 2000, all ISPs have
52
RetweetedtoGeneralProsecutor,Gazeta.ru,May14,2012,http://www.gazeta.ru/politics/2012/05/14_a_4583269.shtml.
VyacheslavKozlov,Bloggerfacesupto2yearsinjailforcritisingRussianOrthodoxchurch,Gazeta.ru,April13,2012,
http://en.gazeta.ru/news/2012/04/13/a_4345165.shtml.
54
BloggerwhoCriticizedOrthodoxChurchSeeksPoliticalAsyluminEstonia,AgoraHumanRightsAssociation,accessedJuly
30,2013,http://agora.rightsinrussia.info/archive/news/efimov/estonia.
55
NewfraudcriminalcasesinTymen[inRussian],Golosa.info,May18,2012,http://www.golosa.info/lambin.
56
PavelHotulevhasbeenconvicted[inRussian],EveningKazan.ru,February15,2013,http://www.evening
kazan.ru/news/pavluhotulevuvynesenobvinitelnyyprigovor.html.
57
[StateDumaconsideringregisteringsocial
networkswithpassport],KommersantFM,October11,2012,http://www.kommersant.ru/doc/2041985.
58
MPsopposepassportdetailsforsocialnetworks,RussianLegalInformationAgency,October12,2012,
http://rapsinews.com/legislation_news/20121012/264976106.html.
53
RUSSIA

been required to install the system for operational investigative measures,59 or SORM-2, which
gives the FSB and police access to internet traffic. The system is analogous to the
Carnivore/DCS1000 software used by the U.S. Federal Bureau of Investigation (FBI), and operates
as a packet-sniffer that can analyze and log data passing through a digital network.60 ISPs that do not
comply with SORM system requirements are promptly fined, and may have their license revoked if
problems persist. Russian authorities are technically required to obtain a court order before
accessing an individuals electronic communications data; however, the authorities are not required
to show the warrant to ISPs or telecom providers, and FSB officers have direct access to operators
servers through local control centers.61
There is increasing evidence that Russian surveillance technology is being used for political
purposes, including the targeting of opposition leaders. In a Supreme Court case in November
2012 involving Maxim Petlin, an opposition leader in the city of Yekaterinburg, the court upheld
the governments right to eavesdrop on Petlins phone conversations because he had taken part in
so-called extremist activities, namely antigovernment protests. Online surveillance represents
somewhat less of a threat in the major cities of Moscow and Saint Petersburg than in the regions,
where almost every significant blog or forum is monitored by the local police and Prosecutors
Office. Most of the harassment suffered by critical bloggers and other online activists in Russia
occurs in the regions.
Extralegal intimidation is also used to limit users abilities to interact and mobilize on the internet.
For example, in the fall of 2012, Yuliya Bashinova, a journalist at the internet publication Grani.ru,
was summoned for questioning by the Investigative Committee to explain why she had signed a
petition on the website of Amnesty International in support of human rights defender Igor
Kalyapin.62 It has been reported that investigators have held talks with citizens who signed the
petition in several Russian cities.
Despite the reduction in the severity of violence over the past year, implicit impunity for those who
commit violence against bloggers, online journalists, and other online users is common.
Information on investigations into crimes committed in previous years is usually not available to
citizens. Between 2008 and 2011 there were three internet-related murders and one attempted
murder, according to research conducted by the AGORA Association.63 Only one of these resulted
in a prosecution: according to the verdict, the murder of Magomed Evloev, the owner of the
59
KonstantinNikashov,IP:[SORMforIPCommunications:New
ConceptNeeded],Iksmedia.ru,December10,2007,http://www.iksmedia.ru/topics/analytical/effort/261924.html?__pv=1.For
moreinformationonSORM,seeV.S.Yelagin,2,,[SORM2History,Formation,
Prospects],Protei,http://www.sormli.ru/sorm2.html.
60
B.S.Goldstein,Y.A.Kryukov,andV.I.Polyantsev,2[ProblemsandSolutionsofSORM2],
VestnikSvyazino.12(2006),http://www.protei.ru/company/pdf/publications/2007/2007003.pdf.
61
AndreiSoldatovandIrinaBorogan,RussiasSurveillanceState,WorldPolicyJournal,Fall2013,
62
Grani.rujournalistsummonedtoInvestigativeCommittee[inRussian],Grani.ru,September6,2012,
http://grani.ru/Society/Law/m.206066.html.
63
Ibid.
RUSSIA

website Ingushetia.ru, was the result of a police officers careless handling of a gun.64 There has
been no prosecution dealing with the attempted murder of journalist and blogger Oleg Kashin, and
there were dozens of other assaults and beatings for which no individual has been brought to
justice. Critics blame the Russian Federal Security Service for failing to provide the necessary
operational support to solve such cases.65
From 20122013, the threat of cyberattacks continued, including DDoS attacks on websites and
hacking into the private accounts of users. The police and Investigative Committee have
consistently failed to investigate these attacks, including dozens of cyberattacks on online media and
opposition websites. During 2012, at least 47 episodes of DDoS attacks were registered,66 but only
2 of them (against the official websites of the government and the prime minister) were
investigated.67 Most of the attacks occurred during important events such as the presidential
election or mass protests. There were also significant attacks launched against independent media
outlets. In May 2012, a botnet of 182,000 computers was used to attack the website of the
television channel Dozhd. On June 12, 2012, a single botnet made up of 133,000 computers
attacked four online media outlets, including the websites of Novaya Gazeta, the radio station Echo
of Moscow, Slon.ru, and the website for Dozhd.68 In the past, similar cyberattacks on media outlets
have been linked to leaders of the progovernment youth group Nashi.69
In January 2013, President Vladimir Putin signed Decree #31c On the formation of a state system
for detecting, preventing and mitigating the effects of computer attacks on the information
resources of the Russian Federation. Under this decree, the FSB has been vested with the task of
developing a method for preventing and investigating attacks by hackers on Russias internet
resources, and with promoting international cooperation in the fight against cybercrime; however,
no further steps have been taken toward the prevention of cybercrime.
64
SvetlanaBocharova,TheendattheOrientalFairytale[inRussian],October4,2010,
http://www.gazeta.ru/politics/2010/08/04_a_3404590.shtml.
65
AdvocateblamesFSBofinactivitywhileinvestigationofattemptedmurderofOlegKashin[inRussian],Openinform.ru,
November6,2012,http://openinform.ru/news/pursuit/06.11.2012/27620/.
66
AGORAAssociation,:,[Report:Russiaaglobalthreatto
Internetfreedom],http://eliberator.ru/news/detail.php?ID=21.
67
2012[SecondhackerfromKrasnoyarsk
sentencedtojailforcyberattacksagainstPutin'swebsiteonMay2012],Gazeta.ru,March29,2013,
http://www.gazeta.ru/social/news/2013/03/29/n_2823469.shtml.
68
AlexanderPanasenko,[Forthefirsttimefout
websitesofRussianmediaareunderattackofonebotnet],AntiMalware.ru,June14,2012.http://www.anti
malware.ru/news/20120614/9345.
69
MailLeaksLinkYouthTsarstoCyberattack,RIANovosti,February9,2012,
http://en.rian.ru/russia/20120209/171235899.html.
RUSSIA
RWANDA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
13
19
19
51
12
18
18
48


ICT development continued to spread, expanding access. Rwandan internet users
became more active on social media and vocal in criticizing the government (see
OBSTACLES TO ACCESS and LIMITS ON CONTENT).
A number of independent online news outlets and opposition blogs were intermittently
inaccessible in Rwanda, though it is uncertain whether the disruptions were due to
deliberate government interference, as was the case in past years, or to technical issues
An amended media law expanded the rights of journalists and recognized freedom for
online communications; however, it retained provisions that may increase government
control over internet content (see VIOLATIONS OF USER RIGHTS).
A new law on interception authorized high-ranking security officials to monitor e-mail
and telephone conversations of individuals considered potential threats to public
security (see VIOLATIONS OF USER RIGHTS).
SIM card registration requirements were launched in 2013 (see VIOLATIONS OF USER
RIGHTS).
RWANDA

INTRODUCTION
In recent years, the government of Rwanda under President Paul Kagame has embarked on an
ambitious economic development strategy that aims, among other things, to create a vibrant
industry for information and communication technologies (ICTs) and position Rwanda as a regional
ICT hub. Although internet penetration remains lowhampered primarily by poverty and lack of
appropriate infrastructure, especially in rural areasaccess is continually expanding with public
and private investments in broadband technology across the country, and mobile internet access is
increasing at an impressive rate. Meanwhile, the proliferation of ICTs has contributed to progress
in the countrys governance, health, education, agriculture, and finance sectors.1
While ICT development has been among the top priorities for the Rwandan government, the
countrys tenuous political environment and sensitive ethnic relations since the 1994 genocide has
led the government to exert some controls over online content and expression. A few critical news
websites that were previously blocked in 2010-2011 were intermittently inaccessible in Rwanda
throughout 2012 and early 2013, though a number of critical blogs were unavailable altogether. In
addition, worries remain that the governments firm restrictions on print and broadcast media
particularly on contentious content concerning the ruling party and the 1994 genocidewill cross
over into the internet sphere, as occurred when the authorities blocked the online version of an
independent newspaper in the lead-up to the 2010 presidential election. Nevertheless, there were
no reported cases of imprisonment or violence against online journalists or internet users in 20122013.
Progressive amendments to the 2009 Media Law were adopted in March 2013, providing
journalists with the right to seek, receive, give and broadcast information and ideas through
media; the amendments also explicitly recognize freedom for online communications.
Nevertheless, the passage of the new law has led to some fears of increasing government control
over the establishment of online outlets. The government-run Media High Council systematically
monitors all print and broadcast media coverage during the countrys annual genocide mourning
period every April, and the monitoring of online media was incorporated for the first time during
Rwandas 18th commemoration period in April 2012. Legislative initiatives in 2012 also expanded
the surveillance and interception capabilities of security authorities, and there are increasing
indications that the government may be systematically monitoring and intercepting e-mail and
other private communications.
OBSTACLES TO ACCESS
Poverty continues to be the primary impediment barring Rwandans from accessing new ICT tools,
especially the internet. Over 90 percent of the population lives in rural areas, with the majority
1
MinistryofYouthandICT,MeasuringICTsectorperformanceandTrackingICTforDevelopment(ICT4D)towardsRwanda
SocioEconomicTransformation,RwandaICTSectorProfile2012,http://bit.ly/18lFhdJ.
RWANDA

practicing subsistence agriculture and approximately 45 percent living below the poverty line.2
Consequently, internet penetration in Rwanda is still low at 8 percent in 2012, up from 7 percent
in 2011, according to estimates from the International Telecommunication Union (ITU).3
Meanwhile, official government statistics cite a penetration rate of 26 percent in 2012.4 In addition,
access is still limited mostly to Kigali, the capital city, and remains beyond the economic capacity of
most citizens, particularly those in rural areas who are limited by low disposable incomes and who
do not have high levels of ICT awareness or digital literacy.5 Between 70 and 90 percent of the
population speaks only Kinyarwanda, making internet content in English unavailable to the majority
of Rwandans.6
In the face of such challenges, the Rwandan government has made ICT development a high priority.
Recent government initiatives include the National ICT Literacy and Awareness Campaign
launched in early 2013 that aims to familiarize at least 200,000 Rwandans with ICT tools within six
months.7 The government has also invested in a project to enhance digital literacy among women as
part of an effort to bridge Rwandas gender gap and encourage women entrepreneurs.8 In addition,
MTN Rwanda has launched a portable solar energy system known as the Comeka ReadySet,
which is a multifunctional energy system that can charge mobile phones as well as power lights,
radios, tablets and other devices, enabling ICT use among citizens living in rural areas with little to
no electricity.9 Accordingly, Rwanda was ranked by the ITU as the most dynamic African country
in the field of ICTs in its Measuring the Information Society 2012 ICT Development Index.10
The expansion of broadband internet services across the country is further facilitating access to new
media tools and technologies. A 2013 analysis of worldwide broadband download performance
ranked Rwanda in first place in Africa for download speeds and 62nd place globally with an internet
speed of 7.88 Mbps as of February 2013.11 In partnership with the private sector, the country is
2
CentralIntelligenceAgency,Rwanda,TheWorldFactbook,accessedApril12,2013,
https://www.cia.gov/library/publications/theworldfactbook/geos/rw.html.
3
4
Calculatedastotalestimatedinternetusersdividedbytotalpopulation,froma2010RURAsurvey.See,MinistryofYouthand
ICT,MeasuringICTsectorperformanceandTrackingICTforDevelopment(ICT4D);DanielNkubito,ISSUEPAPER:Internet
ConnectivityandAffordabilityinRwanda,REF.NO:002/12/2012,http://ppd.rw/wpcontent/uploads/2012/12/internet
connectivityandaffordabilityinRwandaissuepaperFinal.pdf.
5
MinistryofYouthandICT,MeasuringICTsectorperformanceandTrackingICTforDevelopment(ICT4D).
6
AnnGarrison,RwandaShutsDownIndependentPress,DigitalJournal,April14,2010,
http://www.digitaljournal.com/article/290545;BethLewisSamuelsonandSarahWarshauerFreedman,LanguagePolicy,
MultilingualEducation,andPowerinRwanda,LanguagePolicy9,no.3(June2010),http://bit.ly/1bmZW5X.
7
ICTLiteracyCampaignGetsUnderWay,RwandaFocus,January21,2013,http://bit.ly/1fDDDuz.
8
PromotingDigitalOpportunitiesforWomeninRwanda,RwandaTelecentreNetwork,December22,2012,
http://www.rtnrwanda.org/index.php/en/news/100promotingdigitalopportunitiesforwomeninrwanda.OthermajorICT
projectsthataimtoexpandaccesstoICTsinclude:theKigaliMetropolitanNetwork,theNationalBackbone,theITinnovation
center,Wibrowirelessbroadband,theICTBus,OneLaptopperChild,TracNet,andtheRegionalCommunicationsInfrastructure
Program.See,RwandaDevelopmentBoard,http://www.rdb.rw/.
9
EricBright,MTNLaunchesPortableRenewableEnergySysteminRwanda,RwandaFocus,January29,2013,
http://focus.rw/wp/2013/01/mtnlaunchesportablerenewableenergysysteminrwanda/.
10
InternationalTelecommunicationUnion,MeasuringtheInformationSociety2012,http://www.itu.int/ITU
D/ict/publications/idi/index.html;TomJackson,ITUReportRanksRwandasICTSectorMostDynamic,Humanipo,October16,
2012,http://www.humanipo.com/news/1884/ITUreportranksRwandasICTsectormostdynamic.
11
NetIndex,Rwanda,DownloadIndex,accessedFebruary24,2013,http://www.netindex.com/download/allcountries/.
RWANDA

aiming to deploy a much wider National Last Mile broadband network in 2013 to expand internet
penetration countrywide, complementing the 1,380 mile fiber-optic telecommunications network
built in 2011 that links Rwanda to the undersea cables running along the East African coast.12
As a result of these infrastructural developments, internet prices are decreasing. In 2012, the
Broadband Systems Corporation, a local service provider, charged monthly fees of about US$30 for
single users and $46 for multiple users, while the cost of using the internet in a cybercafe is
approximately $1.28 for 30 minutes.13
Mobile phone penetration in Rwanda is significantly higher than that for internet access, growing
from 40 percent in 2011 to over 50 percent in 2012, according to the ITU, while government
figures noted a penetration rate of 57 percent in May 2013.14 This growth has been largely a result
of increasing competition between the three main mobile phone operatorsMTN, TIGO and
AIRTEL15whose respective market share is 64 percent, 34 percent, and 2 percent.16 Rural
populations have a comparatively high mobile phone usage rate compared to rural internet access
rates,17 as access has been made easier by a well-developed mobile phone network that covers
nearly 98 percent of the population.18 Innovative initiatives targeting rural populations have further
encouraged increased mobile phone and internet usage, such as the e-Soko (e-market) program
created by the Rwanda Development Board that provides farmers with real-time information about
market prices for their agricultural produce on their mobile devices.19
Internet access via mobile phones has been available since 2007, but the high cost of data-enabled
handsets and limited bandwidth restrained its popularity in the first few years. With the
government-sponsored fiber-optic cable expansion project completed in early 2011, internet
services throughout the country have improved, facilitating increased mobile phone internet
access.20 As of September 2012, mobile internet tariffs range from 20 Rwfr/Mb to 50 Rwfr/Mb
(US$0.03/Mb to $0.08/Mb), and the three mobile internet companiesMTN, TIGO and
AIRTELoffer their customers daily bundles at 1,000 Rwfr, 800 Rwfr and 650 Rwfr (US$1.52,
12
Thefiberopticprojectismeanttoboostaccesstovariousbroadbandservices,increaseelectroniccommerce,andattract
foreigndirectinvestmentthroughbusinessprocessoutsourcing.RwandaCompletes$95MlnFibreOpticNetwork,Reuters
Africa,March16,2011,http://af.reuters.com/article/investingNews/idAFJOE72F07D20110316.
13
LaurentKamana,NationalBackboneReducesInternetPrices,IncreasesSpeed,NewTimes,February28,2012,
http://www.newtimes.co.rw/news/index.php?i=15282&a=64384.
14
RwandaMobilePenetrationTops57%,BiztechAfrica,May1,2013,http://bit.ly/13L8xYk.
15
AirtelandTigohavethesametariffsforonnet(RWF20orUS$0.03)andEastAfricamobile(RWF120orUS$0.18)telephone
tariffs.TIGOremainswiththehighestoffnet(RWF90orUS$0.13)andinternational(RWF240orUS$0.36)tariffs.MTNcharges
RWF60perminutebothforoffnetandEACtariffs.MTNdominatestheoutgoingvoicetrafficwith53percentofonnettraffic;
49percentofoffnettrafficand89percentofinternationalvoicetraffic.See,RURA,StatisticsandTariffInformationin
TelecomSectorasofSeptember2012,RepublicofRwanda,http://bit.ly/GzwThp.
16
RURA,StatisticsandTariffInformationinTelecomSectorasofSeptember2012.
17
AsillustratedbyanAugust2011reportfromMTNRwanda,oneofthelargesttelecomoperatorsinthecountry,whichstated
thatthemajority(60percent)ofitsmobilevoiceusersresidesoutsideofKigali.See,SaulButera,Rwanda:HighCostsAffecting
RuralInternetPenetration,NewTimes,August15,2011,http://bit.ly/1aFj4aU.
18
19
RuthKangongoi,RwandaTelecenterNetworkIntroducesWeb2.0toFarmers,CIOEastAfrica,November15,2011,
http://www.cio.co.ke/viewalltopstories/4482rwandatelecenternetworkintroducesweb20tofarmers.html.
20
MasimbaTafirenyika,InformationTechnologySuperchargingRwandasEconomy,AfricaRenewal,April2011,
http://www.un.org/ecosocdev/geninfo/afrec/vol25no1/rwandainformationtechnology.html.
RWANDA

$1.21, and $1.00), respectively.21 In addition, MTN Rwanda offers low-cost data-enabled mobile
phones ranging from 18,500 to 20,000 RWF (US$28 to $32) to further expand internet access,
especially in rural areas,22 though in late 2012, RURA announced plans to switch off unregistered
counterfeit phones.23
Following the countrys market liberalization policies implemented in 2001,24 the number of
companies providing telephone and internet services increased from onethe state-run
Rwandatelto 10 in 2012.25 These providers are all privately owned, with the exception of the
state-owned Rwandatel,26 which has the largest market share of fixed broadband subscriptions as of
September 2012.27
Two government-appointed regulatory bodiesthe Rwanda Information Technology Authority
under the Rwanda Development Board, and the Rwanda Utilities Regulatory Agency (RURA)
supervise the regulatory frameworks and implementation of the countys policies and strategies in
the telecommunications sector. Although these bodies were created by the government, they seem
to be working freely, and no known complaint has been leveled against them by investors in the
ICT sector. Officially, RURA is a national body with autonomy in its administrative and financial
management. However, its seven board members, supervisory board, and the managing director
are nominated by and work under full control of the government.28 Despite this, RURA has taken
some independent decisions, such as measures to penalize MTN Rwanda for lack of compliance
with license obligations in 2012.29
In 2009, RURA set up the Rwanda Internet Exchange (RINEX) to connect ISPs and enable the
routing of local internet communications through a central exchange point without having to pass
through international networks.30 ISPs can also opt to connect via RINEX to the international
21
SaulButera,Rwanda:HighCostsAffectingRuralInternetPenetration.
23
FrankKanyesigye,MovetoBanFakePhonesDrawsMixedReactions,NewTimes,October5,2012,
24
AlbertNsengiyumvaandEmmanuelHabumuremyi,AReviewofTelecommunicationsPolicyDevelopmentandChallengesin
Rwanda,AssociationforProgressiveCommunications(APC),September2009,
http://www.apc.org/en/system/files/CICEWARwanda_20090908.pdf.
25
Theseincludefixedlineproviders(Rwandatel,MTNRwandacell,andAirtelInternational),mobilephoneproviders
(Rwandatel,MTNRwandacell,TIGOandAIRTEL),andinternetserviceproviders(ISPA,Rwandatel,MTNRwandacell,NewAirtel,
AltechStreamRwanda,4GRwanda,BSC,and4GNetworks).See,RURA,StatisticsandTariffInformationinTelecomSectoras
ofSeptember2012.
26
Rwandatelwaspartiallyprivatizedin2010whenitsold80percentofthecompanytotheLibyanfirm,LAPGreen.Duetothe
politicalturmoilinLibyain2011andthesubsequentfreezeonLibyasinvestmentsandassets,however,LAPGreenwasforced
toterminateitsbusinessinRwanda.26In2012,Rwandatelwasliquidated;itsassetswerepurchasedbyTigoandAirtel,andthe
companywastakenoverbytheGovernmentofRwanda.See,ShyakaKanuma,ByeByeRwandatel,RwandaFocus,February
20,2012,http://focus.rw/wp/2012/02/byebyerwandatel/.
27
28
Article9,LawNo.39/2011of13/09/2001,EstablishinganAgencyfortheRegulationofCertainPublicUtilities,
http://www.mhc.gov.rw/fileadmin/templates/PdfDocuments/Laws/RURA_Law.pdf.
29
Inlinewithitsmissiontoprotectconsumers,RURAhasimposedinNovember2012adailyfineequivalenttoRWF5,000,000
(US$7,692foronemonthfornoncompliancewithitslicenseobligations.See:RURA,DecisionNo.13/ICTRURA/2012of4th
December2012onMTNRwandaLtd.NonCompliancewithitsLicenseObligationsRelatedtoServiceContinuity,Republicof
Rwanda,December4,2012,http://bit.ly/19iUmdf.
30
RURA,GuidelinesforRwandaInternetExchangePoint(RINEX)Management(Kigali:RURA,2009),http://bit.ly/16QXMD0.
22
RWANDA

internet. The aim, ostensibly, is to make intra-Rwandan internet communications cheaper and
faster, though such control over internet traffic has the potential to facilitate efforts to
systematically censor or monitor domestic online communications. As of the end of 2013, only five
ISPs exchange internet traffic via RINEX,31 and the price for national access remained the same as
for international access.32
LIMITS ON CONTENT
In 2012 and early 2013, a number of independent online news outlets and opposition blogs were
intermittently inaccessible in Rwanda, though it is uncertain whether the disruptions were due to
deliberate government interference, as was the case in past years, or to technical issues.
Nevertheless, users increased their engagement with social media tools in the past year and have
become more vocal in criticizing the government.
While the government of Rwanda has been committed to expanding access to ICTs across the
country, it has also simultaneously endeavored to restrict the types of content that users can access,
particularly news content of oppositional nature. For example, in June 2010 the Media High
Council ordered the website of the online version of the independent paper Umuvugizi to be
blocked after its print version was suspended in April 2010, arguing that the ban on the newspaper
applied to the online version as well.33 Umuvugizi was unblocked after its six-month suspension
period had expired, though it has reportedly experienced periodic blocking in the years since,
including in 2012 and early 2013.34 Some opposition sites continue to be blocked on some ISPs as
of early 2013,35 including Umusingi and Inyenyeri News,36 which were both first blocked in 2011.
Umusingis content can still be accessed on its Facebook page,37 and other news sites that have been
sporadically blocked can still be accessed through their associated blogs.
Meanwhile, social-networking sites such as YouTube, Facebook, Twitter, and international bloghosting services are freely available. The websites of international human rights organizations such
as Freedom House, Amnesty International, and Human Rights Watch, as well as the online versions
of media outlets like the BBC, Le Monde, Radio France Internationale, the New York Times, and many
others are freely accessible. Websites of national news outlets are also easily accessible. These
include the web versions of state-run media and pro-government outlets as well as independent
31
RINEX,accessedApril13,2013,http://www.rinex.org.rw/.
AntoineBigirimana,Rwanda:TheStoryoftheInternetOneStepForward,TwoStepsBackward,NewTimes,December12,
2009,http://allafrica.com/stories/200912150559.html.
33
ReportersWithoutBorders,PersecutionofIndependentNewspapersExtendedtoOnlineVersions,newsrelease,June11,
2010,http://en.rsf.org/rwandapersecutionofindependent11062010,37718.html.ThenewspaperUmuseso,whichwasalso
givenasixmonthsuspension,doesnothaveanonlineversion.
34
Umuvugiziwebsitesinclude:http://www.umuvugizi.com/,http://umuvugizi.wordpress.com,and
http://umuhanuzi.blogspot.com.AccessedApril11,2013.
35
Examplesoftheseoppositionsitesinclude:http://inyenyerinews.org/,www.umuvugizi.com,www.umusingi.com,
www.banyarwandapoliticalparty.org,http://leprophete.fr,www.therwandan.com.
36
InyenyeriNews,accessedApril5,2013,www.inyenyerinews.org.
37
UmusingiNewspapersFacebookpage,accessedFebruary24,2013,http://www.facebook.com/pages/Umusingi
Newspaper/122730681083696.
32
RWANDA

outlets such as The Rwanda Focus, Rushyashya, The Chronicles, Umusanzu and Rwanda Dispatch. Most
radio stations are accessible online, either through their own websites and blogs, or through social
media.
As a result of the more limited space for press freedom in the traditional media sphere, Rwandan
media outlets are increasingly going online to avoid government control or suspension as well as
heavy production costs.38 Nonetheless, the economic environment for online news websites
remains a challenge for independent outlets, particularly in comparison to their state-run
counterparts that receive income from government advertisements and direct subsidies.
According to a 2010 law relating to electronic messages, signatures and transactions, intermediaries
and service providers are not held liable for the content transmitted through their networks.39
Nevertheless, Media High Council reportedly operates an online monitoring department to screen
web content,40 and has been known to contact websites to request the removal of certain
information. Two online news websites, Umusingi and Umurabyo, have experienced such requests to
delete content related to local political affairs and ethnic relations in recent years. In mid-2013, an
independent test conducted by Freedom House found a number of opposition blogs inaccessible
altogether;41 however, it is uncertain whether those sites were taken down out of the owners own
accord or due to external pressure to do so. Appeals can be made through the Media High Council,
though they are not often successful, according to journalists.
Online journalists based in Rwanda are joining their print and broadcast colleagues in exercising
self-censorship, particularly on topics that can be construed as disruptive to national unity and
reconciliation. According to some journalists, self-censorship is viewed as a legitimate practice
given the countrys sensitive social and political environment. Nevertheless, the spread of social
media tools has empowered Rwandans to discuss issues that were formerly taboo and not open to
public discussion due to fears of persecution. For example, President Kagames succession
following the end of his current term in 2017 has been debated in various media with diverging
views. A number of citizens support Kagames reelection, which would require a constitutional
amendment to increase presidential term limits, while others oppose Kagames efforts to prolong
his tenure and suggest a peaceful transition to a new leadership.42
The expansion of internet access has enabled the Rwandan blogosphere to evolve into a vibrant
platform for expression, even though the websites and blogs of opposition activists both within and
outside Rwanda are inconsistently available.43 While opposition supporters living outside Rwanda,
38
Rwanda:WhyWeWentOnline:MediaIconsSpeakOut,Itangazamakuru,March2012,http://bit.ly/18GUIy1.
LawNo.18/2010of12/05/2010,RelatingtoElectronicMessages,ElectronicSignaturesandElectronicTransactions,
http://www.wipo.int/wipolex/en/text.jsp?file_id=243157.
40
RwandanGovtOfficialstoCounterHarmfulPropagandaThroughSocialMedia,GreatLakesVoice,March13,2011,
http://greatlakesvoice.com/?p=681.
41
OppositionblogwebsitesthatwereunavailableasofMay2013were:http://ww.iwacu1.com,http://ww.musabyimana.be,
http://rwandarwabanyarwanda.overblog.com,http://ww.banyarwandapoliticalparty.org.
42
ShyakaKanuma,BigDebateStartsonWhetherKagameContestsAnotherTerm,RwandaFocus,February10,2013,
http://focus.rw/wp/2013/02/bigdebatestartsonwhetherkagamecontestsanotherterm/#comment11752.
43
ThisincludesthewebsiteofoppositionleaderVictoireIngabireathttp://www.victoire2010.com,aswellasothersitesat
http://rwandaspeaks.com/tag/freedomofthepress/,andwww.newsrwandankunda.blogspot.com.
39
RWANDA

mainly in Europe and the United States, are responsible for most of the criticism against the
government on forums, websites, and blogs, local dissenting voices are increasingly heard in online
news portals such as Igihe.
Facebook and Twitter are also emerging as popular platforms for online interaction, in part as a
result of the increasing use of internet-enabled phones.44 MTN Rwanda introduced a SMS to
Twitter tool to facilitate the social media platforms use for people who do not have easy access to
the internet on computers.45 The president is an active supporter of these social networks,
occasionally using the platforms to engage in discussions with users and openly respond to issues
concerning the current state of governance in the country. By the end of 2012, Kagame emerged as
one of the most popular African presidents on Twitter with nearly 95,000 followers.46
Twitter has also offered Rwandans a new platform for protest. For example, netizens flocked to
Twitter in 2012 to reject a decision by the Kigali City Council to close a local entertainment
venue.47 In another instance, Rwandans came together on Twitter to denounce a controversial
United Nations report on Rwandas involvement in the conflict taking place in the Democratic
Republic of Congo. Citizens also used the social media platform to circulate a petition against the
United Kingdoms cuts in development aid that came in response to the UN reports findings.48
With mobile phones more widely accessible than the internet, text messages have become another
important channel for citizens to voice discontent with the authorities and expose abuses of power.
For example, the live radio programs, Good Morning Rwanda and Good Evening Rwanda, have
become a significant venue for citizens to criticize government malpractices via SMS messages,
which are broadcast on the radio. Most recently, citizens challenged the education ministry over
the countrys quality of education. Nevertheless, the ability of citizens to use digital media for
organizing large-scale street protests remains limited due to broader restrictions on freedom of
assembly, particularly regarding politically sensitive topics.

Legislative initiatives in 2012 and early 2013 had both positive and negative effects on freedom of
expression and internet freedom in Rwanda, including amendments to the 2009 Media Law, an
Access to Information Law, and a revised law on the interception of communications. SIM card
registration requirements were also launched in 2013.
Article 34 of the Rwandan constitution, adopted in May 2003, provides for freedom of the press
and freedom of information, but in practice, the government maintains tight control over the
44
FacebookStatistics:Rwanda,Socialbakers,accessedFebruary24,2012,www.socialbakers.com/facebookstatistics/rwanda.
MTN,MTNTwitterSMS,accessedFebruary25,2013,http://www.mtn.co.rw/Content/Pages/54/MTN_Twitter_SMS.
46
AllanBrianSsenyonga,Twitter:2012wasaVeryInterestingYearforRwOT,NewTimes,December31,2012,
http://newtimes.co.rw/news/views/article_print.php?&a=13541&week=52&icon=Print.
47
AllanBrianSsenyonga,Twitter:2012wasaVeryInterestingYearforRwOT.
48
SteveDoughty,BritishAidtoRwandaIsFundingaDictator:UKMillionsFuelArmedConflict,saysPresidentsFormerAide,
MailOnline,November25,2012,http://dailym.ai/Tf37yA.
45
RWANDA

media. In March 2013, the state adopted progressive amendments to the 2009 Media Law, granting
journalists the right to seek, receive, give and broadcast information and ideas through media and
explicitly providing for freedom of online communications in Section 3, Article 19.49 Nevertheless,
the passage of the new law has led to some fears of increasing government control over the
internet,50 with the freedom of expression organization Article 19 criticizing the law for containing
too many provisions which pose a threat to journalists and the independence of the media,
including online media.51 In particular, the new law gives the minister of ICTs unlimited powers to
establish the conditions for both local and foreign media companies to operate in Rwanda.
A revised Access to Information Law was passed in December 2012 and is expected to allow
journalists to conduct investigative journalism with more official and credible sources of
information.52 Nevertheless, the extent to which the media should have the unchecked right to free
expression is often a matter of public debate in Rwanda, with some commentators suggesting that
Rwandas media practitioners should be cautious in their speech as long as the history of genocide
continues to haunts the country.53
While there are no laws that specifically restrict internet content or criminalize online expression,
Rwandas generally restrictive legal provisions governing the traditional media could be applied to
the internet, particularly given the lack of a fully independent judiciary. For example, the decision
to ban the online version of Umuvugizi in 2011 was based on charges of publishing divisive
language,54 a category of expression that is criminalized by the 2001 Law on Discrimination and
Sectarianism.55
A vague 2008 law against genocide ideology similarly threatens freedom of expression both online
and off, prescribing heavy prison sentences and fines for any offender who disseminates
genocide ideology in public through documents, speeches, pictures, media or any other means.56
In response to criticisms of the laws overly broad nature, the minister of justice proposed
49
LawRegulatingMedia,No.02/2013of08/02/2013,OfficialGazette10,March11,2013,http://blog
tdas.s3.amazonaws.com/blogtdas/2013/03/Official_Gazette_no_10_of_11.03.2013.pdf.
50
ProposedMediaLawFailstoSafeguardFreePress,IFEX,January5,2012,
http://www.ifex.org/rwanda/2012/01/05/media_law/.
51
Article19,Rwanda:MediaLawDoesNotgoFarEnough,pressrelease,March18,2013,
http://www.article19.org/resources.php/resource/3665/en/rwanda:medialawdoesnotgofarenough.
52
FrankKanyesigye,WillInformationBillChangetheRwandasMediaEnvironment?SundayTimes,February17,2013,
53
DavidKabuye,RwandasMediaCautiousofContent,NewTimes,November19,2012,
http://www.newtimes.co.rw/news/index.php?i=15181&a=60840;DaniellaWaddoup,PressFreedominRwanda,ThinkAfrica
Press,February18,2011,http://thinkafricapress.com/rwanda/pressfreedomrwanda.
54
MediaInstitute,TabloidWebsiteBlocked,IFEX,June8,2010,
http://ifex.org/rwanda/2010/06/08/umuvugizi_website_blocked/.
55
LawNo.47/2001onPrevention,SuppressionandPunishmentoftheCrimeofDiscriminationandSectarianism,
http://www.adhgeneva.ch/RULAC/pdf_state/Law472001crimediscriminationsectraianism.pdf;JennieE.Burnet,Rwanda,
inCountriesattheCrossroads2007(NewYork:FreedomHouse;Lanham,MD:RowmanandLittlefield,2007),
http://freedomhouse.org/template.cfm?page=140&edition=8&ccrpage=37&ccrcountry=167.
56
Article8,LawNo.18/2008of23/07/2008RelatingtothePunishmentoftheCrimeofGenocideIdeology,
http://www.refworld.org/docid/4acc9a4e2.html.
RWANDA

amendments in November 2012 that aim to make the law more definitive and easier to interpret.57
Awaiting consideration by the senate after its passage in the lower house in July 2013, the amended
law reduces prison sentences from 25 years to a maximum of nine and requires proof of criminal
intent behind an offending act that must be characterized by thoughts based on ethnicity, religion,
nationality or race to foment genocide [or] support genocide.58 Nevertheless, the law still restricts
freedom of expression by retaining the notion of genocide ideology as a criminal offense and by
excluding a clear distinction between a private conversation and public speech.59
Penalties for criminal defamation may also be applicable to the internet, with defamation of the
president or other public officials carrying a penalty of up to five years in prison.60 Only one
prosecution for online activity was reported in December 2012 concerning the entertainment
journalist John Kalisa of the website kigalihits, who was arrested on allegations of defamation after
he had posted a picture of a young girl on a drinking spree on his Facebook wall. The same
journalist had been arrested and warned by authorities in 2011 for similar professional offenses.61
Although many traditional journalists view the threat of imprisonment as a key constraint on their
work, detentions have been less common for online expression with the last case of imprisonment
for online activities occurring in 2007.62 There were also no reported cases of extralegal
intimidation or violence against online journalists or users in 2012 and early 2013, but intimidation
tactics against journalists still generally limit freedom of expression in Rwanda, which ranks among
the top 10 countries from which journalists seek exile, according to the Committee to Protect
Journalists.63
There are no restrictions on anonymous communication online in Rwanda, though RURA initiated
SIM card registration requirements in early 2013 to decrease mobile phone related crimes across
the country.64 SIM card owners were given the deadline of July 31, 2013 to register their cards
with service providers, after which point unregistered cards would be disconnected.
Up until 2012, government monitoring of online communications did not appear to be widespread,
though there had been instances in past years of e-mails, phone calls, and text messages belonging
57
JaneNishimwe,Rwanda:ControversialGenocideIdeologyLawtoSendMoreRwandansBehindBars,JamboNews,April
25,2013,http://bit.ly/16DxMli.
58
RwandaParliamentVotestoAmendGenocideLaw,TimesLive,July17,2013,
http://www.timeslive.co.za/africa/2013/07/17/rwandaparliamentvotestoamendgenocidelaw.
59
EmmanuelR.Karake,GovtSeekstoAmendGenocideIdeologyLaw,NewTimes,November3,2012,
60
FreedomHouse,Rwanda,FreedomofthePress2013,http://www.freedomhouse.org/report/freedompress/2013/rwanda.
61
Rwanda:KKohnArrestedOverDefamation,RwandaShow,December20,2013,
http://www.rwandashow.com/index.php/2012/12/rwandakjohnarrestedoverdefamation/.
62
FreedomHouse,Rwanda,FreedomontheNet2012,http://www.freedomhouse.org/report/freedomnet/2012/rwanda.
63
CommitteetoProtectJournalists,Journalistsinexile2012,June19,2012,http://www.cpj.org/reports/2012/06/journalists
inexile2012crisisineastafrica.php.
64
NizonSegawa,RwandaFlagsOffSIMCardRegistrationExercise,ChimpReports,February4,2013,
http://www.chimpreports.com/index.php/news/newsasithappensaroundtheeastafricanregion/8072rwandaflagsoff
simcardregistrationexercise.html.
RWANDA

to opposition activists being produced as evidence in trials.65 Worryingly in December 2012, the
Rwandan parliaments lower house adopted amendments to the 2008 Law Relating to the
Interception of Communications that authorize high-ranking security officials to monitor e-mail and
telephone conversations of individuals considered potential threats to public security.66 Under the
amended law, communications service providers are required to ensure that their systems have the
technical capability to intercept communications upon demand and, according to a report from
Privacy International, such interception technology may include the use of keyword scanning to
identify certain topics of discussion.67 While the law requires government officials to apply for an
interception warrant, it also includes a provision that allows for a warrant to be issued verbally in
urgent security matters, to be followed by a written warrant within 24 hours.68 The amended law is
awaiting senate approval as of April 2013.
Meanwhile, the Media High Council systematically monitors all print and broadcast media coverage
during the countrys annual genocide mourning period every April with the aim of highlighting the
civic contribution of the media during the commemoration period and discerning the extent to
which media abide by legal and professional standards while covering genocide related issues.69
The monitoring of online media was incorporated for the first time during Rwandas 18th
commemoration period in April 2012, which has led to a growing sense that the authorities may be
monitoring other online communications as well.
There have been no reported cases of serious cyberattacks in the country, though the Rwandan
police recently noted an increasing threat of cybercrime associated with expanding internet
penetration across the country.70 In 2010, RURA initiated a strategy to increase awareness of such
threats among business owners and ordinary users.
65
Thiswasthecaseinthetrialofoppositionleader,VictoireIngabire,duringwhichemailsandproofofmoneytransfertoFDLR
(FrenchacronymfortheDemocraticForcesfortheLiberationofRwanda)rebelswereusedasevidence.Theseweremostly
obtainedvialowtechmethodsofconfiscatingsuspectsmobilephonesandcomputersratherthanviaserviceproviders.See:
DidasGasanaandAnnGarrison,Ingabiretrial:Rwandaprosecutionfailsevidencetest,Rwandinfo_ENG(blog),accessed
February10,2012,http://rwandinfo.com/eng/ingabiretrialrwandaprosecutionfailsevidencetest/.
66
SunnyNtayombya,ProposedCommunicationsInterceptLaw:isourPrivacyAdequatelyProtected,NewTimes,August29,
2012,http://newtimes.co.rw/news/index.php?i=15099&a=57661.
67
CarlyNyst,RwandanGovernmentExpandsStrangleholdonPrivacyandFreeExpression,PrivacyInternational,August25,
2012,https://www.privacyinternational.org/blog/rwandangovernmentexpandsstrangleholdonprivacyandfree
expression#footnote2_4eosbda.
68
OnlineFreedomsinRwanda,OpenNetAfrica,accessedJune15,2013,http://opennetafrica.org/dev/policyand
legislation/rwanda/#fn2106.
69
MediaHighCouncil,AnalysisofMediaCoverageoftheEighteenthCommemorationoftheGenocideAgainsttheTutsiin
Rwanda,December2012,http://bit.ly/16DxN8T.
70
RwandaNationalPoliceWarnsInternetUsersAgainstCybercrime,RwandaNationalPolice,October17,2012,
http://www.scoop.it/t/africaninternet/p/3006349174/rwandanationalpolicewarnsinternetusersagainstcybercrime
rwandanationalpolice.
RWANDA
SAUDI ARABIA
2012
2013
NOT NOT
FREE FREE
14
14
26
24
32
Total (0-100)
71
70


The past year saw an increase in the use of Twitter and other social media to debate
national issues and criticize government officials, contributing to the overall increase in
activism and diversity of online content. Nonetheless, expressing negative views
toward the royal family and Islam remained off limits (see LIMITS ON CONTENT).
Harsh laws on libel and defamation have been consolidated through a series of
government warnings directed at online speech (see VIOLATIONS OF USER RIGHTS).
While the number of people arrested for their online activities has continued to grow,
instances of physical attacks against users have decreased overall (see VIOLATIONS OF
USER RIGHTS).
SAUDI ARABIA

INTRODUCTION
In the wake of popular uprisings throughout the Arab world, the government of Saudi Arabia held
tightly to power through the enforcement of strict limits on free speech and organized protest. The
vulnerability of the countrys existing social order has been most visible in the Eastern Province
(Ash-Sharqiyah), where a continued crackdown on protesters belonging to the underrepresented
Shia minority has led to over a dozen deaths.1 Facebook groups calling for the release of prisoners
of conscience list the names of hundreds of detained activists, though detailed figures for those
arrested are not available. While the Ministry of Interior (MOI) has ostensibly claimed that only
2,221 Saudis were being held in prison as of March 2013,2 others estimate the number at around
30,000, including hundreds of prisoners of conscience listed on Facebook groups.3 While the
recent wave of demonstrations has not changed the political landscape of Saudi Arabia as it has in
other countries of the region, a notable rise in online activism throughout 2012 and early 2013
suggests that an increasingthough still limitednumber of Saudis are no longer afraid to
challenge the status quo.
Having first gained access to the internet in 1998, Saudis now go online from their home, place of
employment, data-enabled mobile phones, and internet cafes. All forms of internet and mobile
phone access are available in the country, including fiber-optic networks (FTTx), third-generation
(3G) and fourth-generation (4G) mobile networks, internet via satellite, and High-Speed Packet
Access (HSPA) technologies. Similarly, while Saudi Arabia is a regional leader in providing egovernment services, authorities have looked to exploit technology to more disturbing ends as
well.4 For instance, in line with restrictions to Saudi womens freedom of movement imposed in
November 2012, a womans male guardian is alerted by text message when she presents herself at
the airport to ensure that she has gained permission to leave the country.5 While the government is
keen to use ICTs to enforce strict social norms and monitor its users, public figures and religious
authorities continue to warn citizens against the evils of social media and other online tools. In
March 2013, uproar over numerous defamation cases led the Grand Mufti to criticize Twitter as a
council of clowns made up of users who unleash unjust, incorrect and wrong tweets.6
Social media has come to play an increasingly crucial role in the country. Saudis have employed
online tools to highlight corruption, discuss sensitive issues of national relevance, and demand the
release of prisoners of conscience. However, as the use of Twitter has skyrocketed, so have
1
QuestionsoverDeathofProtesterinSaudiArabiasEasternProvince,AlMonitor,January232013,http://www.al
monitor.com/pulse/politics/2013/01/peacefulprotestorkilledinsaudiarabia.html.
2
Ministrysappeal:Ignorerumors,maintainpeace,ArabNewsNewspaper,March8,2013,http://www.arabnews.com/saudi
arabia/ministry%E2%80%99sappealignorerumorsmaintainpeace
3
SaudiArabiashowofforcestifles'dayofrage'protests,BBC,December27,2012,
http://news.bbc.co.uk/2/hi/programmes/newsnight/9422550.stm.
4
,UnitedNations,UnitedNationsEGovernmentSurvey2012,December26,2012,
http://unpan1.un.org/intradoc/groups/public/documents/un/unpan048065.pdf.
5
Wheresmywife?ElectronicSMStrackernotifiesSaudihusbands,AlArabiya,December27,2012,
http://english.alarabiya.net/articles/2012/11/22/251255.html.
6
Twitterisforclowns:SaudiArabiasGrandMufti,AlArabiya,March23,2013,
http://english.alarabiya.net/en/2013/03/23/TwitterisacouncilofclownsSaudiArabiasGrandMufti.html
SAUDI ARABIA

government efforts to monitor and in some cases detain users for tweeting about sensitive aspects
of Islam or the Saudi monarchy. Although the government has spoken of the difficulties of
monitoring Twitter,7 in early 2013 it conducted an experiment in which it temporarily blocked
millions of Twitter pages.8 There is no doubt that these measures have been very effective in
quelling any movements that could potentially challenge the monarchys absolute grip on political
power and the overriding social order.
OBSTACLES TO ACCESS
Saudis have enjoyed a rapid growth of internet and communications technologies in recent years.
Access had increased to 54.1 percent of the population, or 15.8 million users, by the end of 2012,
up from 20 percent in 2006.9 Fixed broadband use stands at 40.8 percent of all connections, while
less than 20 percent of subscribers still use a slower dial-up service.10 WiMAX, a prepaid
technology that allows users to access broadband internet wirelessly from any location through a
USB modem, is widely used in Saudi Arabia due to its affordability.
Similarly, standard mobile phone subscriptions have almost tripled since 2006, rising to 53.1
million subscriptions in use as of February 2013.11 This represents a penetration rate of 181.6
percent12 or an estimated average of 4.6 mobile lines per household.13 Finally, 86 percent of mobile
subscriptions are prepaid, while 42.1 percent are mobile broadband connections. 14
Connection speeds for broadband users generally vary between 724 Kbps and 1.22 Mbps,
depending on the service package. According to a recent survey, a majority of those questioned
were not satisfied with their connection speeds or with prices.15 Monthly expenditure on
broadband service ranges from between SAR 42 ($11) and SAR 334 ($89),16 representing a sharp
drop from the 2003 price of SAR 700 ($187) per month.17 One Gigabyte (GB) of prepaid
broadband starts at SAR 100 ($26) per month, while an unlimited internet connection for three
months costs SAR 333 ($89).18
GovtmonitoringofTwittertoodifficult,ArabNewsNewspaper,February13,2013,http://bit.ly/VY61Je.
SaudiAuthoritiesperformsanexperimenttoblockmillionsofTwitterlinks[inArabic],Anhri.net,March6,2013,
http://www.anhri.net/?p=72079.
9
CITC,ICTIndicatorsReport2012,http://bit.ly/18zqBbV.
10
CITC,ICTIndicatorsReport2012.
11
12
13
TheStateofICTMarketDevelopmentinSaudiArabia,KingdomofSaudiArabia,2010,CITC,December23,2012,
http://bit.ly/HPUZyN.
14
15
CITC,TheStateofICTMarketDevelopmentinSaudiArabia.Thosesurveyedwerepredominantlymale(95percent)and
betweentheagesof20and39(83percent).
16
CITC,TheStateofICTMarketDevelopmentinSaudiArabia.
17
UsersSurvey,InternetServicesUnit(ISU),KingAbdulazizCityforScience&Technology,2006,
http://www.isu.net.sa/surveys&statistics/newusersurveyresults.htm.
18
Mobily,Connect,http://bit.ly/JkA07w.
8
SAUDI ARABIA

Overall, infrastructure is not considered a major barrier to access except in remote and sparsely
populated areas. Internet penetration is highest in major cities such as Riyadh and Jeddah, as well as
in the oil-rich Eastern Province. Residents of provinces such as Jizan in the south and Hail in the
north are the least likely to use the internet, while young Saudis make up the majority of the user
population throughout the country.19 Arabic content is widely available, as are Arabic versions of
applications such as chat rooms, discussion forums, and social media sites.
Saudi Arabia is connected to the internet through two country-level data services providers, the
Integrated Telecom Company and Bayanat al-Oula for Network Services, up from a single gateway
in years past. These servers, which contain long lists of blocked sites, are placed between the stateowned internet backbone and global servers. All user requests that arrive via Saudi internet service
providers (ISPs) travel through these servers, where they can be filtered and possibly blocked. The
authorities blocked the Voice over Internet Protocol (VoIP) application Viber three months after
warning that VoIP and internet messaging services may be blocked if they do not meet regulatory
standards (for more on internet censorship, see Limits on Content).20
The two country-level service providers offer services to licensed ISPs, which in turn sell
connections to dial-up and leased-line clients. The number of ISPs in the country has risen from 23
in 2005 to 36 in 2011.21 Broadband and mobile phone services are provided by the three largest
telecommunications companies in the Middle East: Saudi Telecom Company (Saudi Arabia),
Etisalat (United Arab Emirates), and Zain (Kuwait).
Internet cafes, once prevalent in the country, have become less popular in recent years due to the
broad availability and affordability of home broadband access. With the departure of many power
users, internet cafes are now mainly used by youth from lower socio-economic backgrounds to
congregate and socialize. Due to a mandate22 issued by the Ministry of Interior (MOI) on April 16,
2009,23 all internet cafes must close by midnight, compliance of which is ensured by the police.
These measures were ostensibly designed to crack down on internet use by extremists, but in
practice they allow the police to deter any activity that the government may find objectionable.
Conversely, coffee shops have grown in popularity among business people, young adults, and single
males, who enjoy free Wi-Fi access with their paid beverages.
Previously, all internet governance fell under the purview of the Internet Services Unit (ISU), a
department of the King Abdulaziz City for Science & Technology (KACST). Established in 1998
and reporting directly to the Vice President for Scientific Research Support of KACST, the ISU
now only provides internet access to government departments, as well as Saudi research and
19
CITC,TheStateofICTMarketDevelopmentinSaudiArabia.
CITCblocksViber,SaudiGazette,June5,2013,
http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentid=20130605168659
21
CITC,AnnualReport,2011[inArabic],KingdomofSaudiArabia,2012,
http://www.citc.gov.sa/arabic/MediaCenter/Annualreport/Documents/PR_REP_007.pdf.
22
Formoreinformationonthismandate,pleasereferto[Arabic]
http://www.okaz.com.sa/okaz/osf/20090416/Con20090416271112.htm.
23
NewhiddencameraruleforInternetcafs,SaudiGazette,April16,2009,
http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentID=2009041635209
20
SAUDI ARABIA

academic institutions.24 In 2003, the Communication and Information Technology Commission
(CITC) became responsible for providing internet access to the private sector.
The CITC establishes policies and enforces the regulations on the countrys information and
communication technology (ICT) services, including duties such as managing tariffs, performing
content filtering, and licensing providers.25 Under the 2007 Anti-Cyber Crime Law, the CITC also
assists the Ministry of Interior (MOI) in monitoring extremists and political activists.26 While both
the CITC and KACST claim to enjoy administrative and financial independence, there is no
evidence to support this. On the contrary, the CITC chairman is also the Minister of
Communications and Information Technology, while the KACST President reports directly to the
Prime Minister and is appointed by the King. Board members consist of government officials,
appointed to these roles on the basis of their position within the government.
LIMITS ON CONTENT
The Saudi government continued to employ strict filtering over internet content throughout 2012
and early 2013. Sites that are judged to contain harmful, illegal, anti-Islamic, or offensive
material are routinely blocked, including pages related to pornography, gambling, and drugs.
While part of the governments blocking policy is designed to disrupt terrorist networks and the
dissemination of extremist ideology, the government also blocks any content that it deems harmful
to society or challenging to the royal family. Criticism of Saudi Arabia, the royal family, or other
Gulf Arab States is not tolerated, in addition to sites that organize political opposition or question
the ruling familys strict conception of Islam.27 The extensive list of sites blocked under these
policies is supplemented by an additional list formulated from recommendations of the public.28 In
early 2013, the government also temporarily blocked millions of Twitter pages in an experiment to
test its capabilities.29
Websites and social media pages belonging to human rights or political organizations, such as the
Saudi Civil and Political Rights Organization (ACPRA) and the Arab Network for Human Rights
Information (ANHRI), are blocked.30 Sites belonging to several Saudi religious scholars and
dissidents are blocked,31 as well as those related to the Shia religious minority, such as
24
ISUHistory,KACST,March2,2013,http://www.kacst.edu.sa/en/depts/isu/Pages/about.aspx
CITCRolesandResponsibilities,CITC,March2,2013,
http://www.citc.gov.sa/English/AboutUs/AreasOfwork/Pages/default.aspx
26
AntiCyberCrimeLaw,MOI[inArabic],March2,2013,http://bit.ly/19JUq7S.
27
Thecensorshippolicyofwebsitesthatspreadextremistideologieshasprovenitssuccess[inArabic],AlArabiya.Net,
December22,2012,http://www.alarabiya.net/articles/2012/05/29/217356.html.
28GeneralInformationonFilteringService,Internet.gov.sa,June22,2013http://www.internet.gov.sa/learnthe
web/guides/contentfilteringinsaudiarabia
29
SaudiAuthoritiesperformsanexperimenttoblockmillionsofTwitterlinks[inArabic],Anhri.net,March6,2013,
http://www.anhri.net/?p=72079.
30
AccordingtotheAlkasir.com,whichprovidesinformationonblockedwebsites,theURLsacpra6.organdanhri.netare
blockedinSaudiArabia.Seehttps://alkasir.com/map,accessedMarch2,2013.
31
BlockedwebsitesofSaudireligiousscholarsinclude:www.almoslim.net,www.albrrak.net,andislamqa.info/ar.Blocking
somesitesbecausetheyviolaterulesandspreadboldideasandtheses[inArabic],AlArabiya.net,April6,2012,
http://www.alarabiya.net/articles/2012/04/06/205754.html.
25
SAUDI ARABIA

Rasid.com,32 Yahosein.org, and Awamia.net.33 Authorities also block the website of the Islamic
Umma Party, the countrys only underground (and illegal) political party, which has called for the
royal family to step down in return for a safe exit.
The CITC also censors individual social media pages that demand political reforms or basic civil
rights. These include the Facebook pages of Abdullah al-Hamid and Mohamed Saleh al-Bejadi, wellknown Saudi human rights activists and co-founders of the ACPRA,34 as well as the Twitter
accounts of the Saudi journalist and blogger Hassan Almustafa,35 Saudi human rights activist and
blogger Nouf Abdulaziz,36 Saudi journalist and political activist Muhana al-Hubail, and the head of
the organization Monitor of Human Rights in Saudi Arabia Waleed Abo al-Khair.37
Authorities have also occasionally moved to block entire online products and services for breaching
the countrys strict laws. In September 2012, the government threatened to block all of YouTube if
Google did not restrict access to the controversial Innocence of Muslims video containing an
offensive depiction of the Prophet Mohamed. Google later blocked the video in Saudi Arabia.38 The
CITC also has an aggressive stance toward VoIP services that circumvent the countrys regulatory
environment and, by some indication, the surveillance apparatus. So far only Viber has been
blocked, though authorities have threatened to institute further restrictions.39 BlackBerry services
were temporarily stopped on June 30, 2012 following glitches experienced by the BlackBerry
maker Research in Motion, according to Saudi Telecom Company (STC). There was no evidence
to suggest that the government was behind the short suspension.40
In 2011, legislation was passed requiring that the owners of online news sites obtain a license from
the Ministry of Culture and Information.41 While not all blogs and websites have complied with this
legislation, those that did not register with the ministry risk the possibility of closure at any time.
Numerous sites have been closed for copyright violations42 or for featuring advertisements for
drugs.43 In addition, several political opposition websites such as Humanf.org, Saudihr.org,
Hummum.net, and Alwaqa.com have ceased operations over the past year, presumably because of
pressure from the MOI. Reacting to a court verdict, in December 2012 the Ministry of Culture and
32
AlistofblockedsitesfromwithinSaudiArabia[inArabic/English],AdalaCenter],December22,2012,
http://www.adalacenter.net/?act=sec&pg=39.
33
https://alkasir.com/mapviewedMarch2,2013
34
AlistofblockedsitesfromwithinSaudiArabia[inArabic/English],AdalaCenter,],December22,2012,
http://www.adalacenter.net/?act=sec&pg=39.
35
Seehttp://hasantalk.com.
36
Seehttp://nofah.com/wordpress/.
37
Seehttps://twitter.com/abualkhair.
38
YouTubeblocksInnocenceofMuslimsinSaudiArabia,AlArabiya.net,September19,2012,
39
CITCblocksViber,SaudiGazette,June5,2013,
40
STC:BlackBerryservicestoppageproblemsolvedandservicetoreturnprogressively[inArabic],AlMadinaNewspaper,
June30,2012,http://www.almadina.com/node/387238?liv.
41
InternetEnemies,SaudiArabia,ReportersWithoutBorders,2012,http://bit.ly/JrLevJ.
42
CITCcloseddownHarajsiteafteradvertisinghalfkiloHashish,[inArabic],AlSharqNewspaper,March30,2013,
http://www.alsharq.net.sa/2013/03/30/783097
43
SaudiArabiacloses52sitesviolatedintellectualpropertycopyrights[inArabic],Ameinfo.com,October16,2012,
http://www.ameinfo.com/ar248952.html
SAUDI ARABIA

Information also closed down an online discussion forum, the Global Club, after a sports
journalist who rooted for al-Nassr soccer team complained that forum members had been verbally
abusing him and his family.44
There were several incidents in which pressure from social media users and online newspapers led
to users deleting controversial tweets, disassociating themselves from their accounts, or even
deleting their accounts. For instance, Twitter user Hesaah al-Sheikh disassociated herself from her
account after public anger erupted over her tweet in which she equated listening to the singer
Mohamed Abdo as listening to Allah.45 Disassociating oneself from a Twitter account is common in
Saudi Arabia, particularly when simply deleting a controversial tweet is not enough to calm public
anger. Users who are deemed to have acted inappropriately often publicly declare that the account
does not belong to them and that another user is using their name to impersonate them, a common
occurrence in Saudi Arabia.46
Similarly, the government also responds to take-down notices from members of the public, who
can use a web-based form to submit a complaint regarding undesirable material.47 Sites can also be
unblocked through a similar process.48 Once an individual completes such a request, a team of
CITC employees determines whether the request is justified. The manager of public relations at the
CITC said the commission receives about 200 requests each day, though he would not comment on
how often the CITC unblocks a site based on such an appeal.49 In one example, the CITC
unblocked the website Mustamel after the owners obeyed a request from the CITC to remove
illegal advertisements.50
The government is somewhat transparent about what content it blocks. Users who attempt to
access a banned site are redirected to a page displaying the message, Access to the requested URL
is not allowed! Still, a full list of banned sites is not publicly available. The countrys two data
service providers must block all sites banned by the CITC,51 and failure to abide by these bans may
result in a fine of up to SAR 5 million ($1.33 million), according to Article 38 of the
Telecommunication Act.52 It should be noted, however, that many Saudi internet users have
become savvy at using circumvention tools such as Hotspot Shield, which allows users to access a
virtual private network (VPN) to bypass censorship.53
44
ANasrawijournalistwonhiscaseagainstanonlinediscussionforum[inArabic],Sabq.org,December27,2012,
http://sabq.org/a7ifde.
45
WriterHessaAlSheikhexplainstoSabq:Twitteraccountimpersonatedmypersonality[inArabic],Sabq.org,December
26,2012,http://sabq.org/Uuhfde.
46
SaudiMinisterofCultureandInformationcriticizesimpersonationofintellectuals[inArabic],AlArabiya.net,March2,2013,
http://www.alarabiya.net/articles/2012/11/20/250707.html
47
TheCITCblockrequestformisavailableathttp://bit.ly/aRBpYa.
48
TheCITCunblockrequestformisavailableathttp://www.internet.gov.sa/resources/blockunblockrequest/unblock/.
49
About300,000requeststoblocksitesinSaudiArabiaannually[inArabic],Ajl.com.sa,January13,2010,
http://www.burnews.com/newsactionshowid12100.htm.
50
ForthesecondtimeHarajsiteblockedinSaudiArabia[inArabic],Qbas,March26,2013,
http://qbas.org/home/news.php?action=show&id=3585
51
CITC,GeneralInformationonFilteringService,September30,2010,http://bit.ly/yhOPwD.
52
TelecommunicationActfoundhere[inArabic]:http://bit.ly/16Jzjj5.
53
Saudisrefertothiscircumventiontoolasaproxybreaker.
SAUDI ARABIA

In addition to government censorship, self-censorship by online journalists, commentators, and
social media users is widespread. For example, the owner of the popular 3al6ayer YouTube
channel admitted that he avoids crossing certain red-lines over fears of getting into trouble with
the authorities.54 Online commentators who express support for extremism, liberal ideals,
minority rights, or political reforms, in addition to those who expose human rights violations, are
closely monitored and often targeted by the government. Questioning religious doctrine is strictly
taboo, particularly content related to the Prophet Mohamed.
These limitations are compounded by the self-censorship that online news moderators and site
owners must exercise. Gatekeepers frequently delete user-generated content that could be deemed
inappropriate or inconsistent with the norms of society, as they can be held legally liable for
content posted on their platforms.55 In one case that highlights the degree to which moderators precensor, user comments on the news site Sabq.org were full of praise for the poem al-Haboob,
written by Prince Khalid al-Faisal, even though it was clear from Twitter that the majority of Saudis
were making fun of him.56
The recent amount of controversial tweets that have been reported may reflect a decrease in
Saudis willingness to censor themselves over Twitter. Indeed, many readily take to social networks
to criticize problems in the country or government ministers so long as no references are made to
the king or to religion. Users often employ hashtags to inspire a national debate on a certain
political issue, including the tags Breaking the fences57 and elected Consultative Council to
expose corruption by public officials or call for reforms.58 Prominent religious scholars, such as alAwdah, have even contributed to these debates on Twitter.59
With so much activity occurring on social networks, the Saudi government maintains an active
presence online as a means of manufacturing consent for its policies. It is believed the government
employs an electronic army to constantly post progovernment views, particularly on social
media. Progovernment trolls have taken to hashtag poisoning, a method of spamming a popular
hashtag in order to disrupt criticism or other unwanted conversations through a flood of unrelated
or opposing tweets. Through the use of a bot, such as those provided by Yoono.com, one
individual can send thousands of tweets to a hashtag at the same time.60 While the tweet may
contain the same message, the bot sends the tweet on behalf of numerous fabricated accounts,
created by combining random photos of faces with names searched from the internet. The
54
IdaatwithTurkiAlDakheel[inArabic],AlArabiya.net,May18,2012,http://bit.ly/LdV6EO.
RaifBadawiswifeprovidesAnhaawiththelistofchargesagainstherhusbandandcallsforhisrelease[inArabic],Anhaa,
April25,2013,http://www.an7a.com/102662.
56
AlHaboobbyKhalidAlFaisalreceivedhighpraiseandharshcriticismonTwitter[inArabic],Sabq.org,January1,2013,
http://sabq.org/IWtfde.
57
#_
58
#__
59
SalmanAlAwdahcallsforanelectedConsultativeCouncilinSaudiArabia[inArabic],Watan.com,December29,2012,
http://www.watan.com/news/worldnews/20121229/18048.
60
FakeaccountsanddrowningthehashtaginTwitter[inArabic],OsamaAlMuhaya,March16,2013,
http://osamh.me/blog/wpcontent/uploads/2013/03/twitterstudy.pdf
55
SAUDI ARABIA

government also influences online news reporting by offering financial support to news sites such as
Sabq.org and Elaph.com in return for coordination between site editors and the authorities.61
Whereas the authorities provide monetary support to progovernment websites, the owners of
opposition websites can come under strong financial pressures as a result of the countrys
environment of censorship. Revenue from third-party advertisers can be heavily impacted by a
government decision to block a website. The government can also request advertisers to cancel
their ads on a particular website in order to pressure the website to close. Restrictions on foreign
funding further inhibit the sustainability of websites that are critical to the ruling system.
Whereas opposition blogs and online forums were once the main instrument for discussing political
and social matters, most Saudis now use social media to share information and express opinions.
According to Abdul Rahman Tarabzouni, the Head of Emerging Arabia at Google, Saudis
collectively watch 190 million YouTube videos per day, the highest amount of views per capita of
any country in the world.62 There are now dozens of comedic channels on YouTube, the most
popular being Eysh Elly, La Yekthar, and 3al6ayer, which respectively have around 126
million, 51 million, and 39 million total views.63 One reason for the success of these videos is their
engagement in cautious rather than harsh criticism and their restraint against pushing the limits too
far.
Similarly, Twitter continued to grow as a platform for expressing sensitive issues. Indeed, when
interviewed, one Saudi described the countrys Twitter environment as a sort of virtual parliament
where people from all political sides meet and speak freely.64 Saudis are the largest adopters of
Twitter in the Arab world, with the number of users reaching 2.9 million, or slightly over 10
percent of the population, as of October 2012.65 Facebook is the third most visited site in the
country66 with 5.9 million local users, or 23 percent of the population.67 A myriad of Facebook
groups have been recently active in organizing low-level demonstrations in cities throughout the
country.68 The banned Islamic Umma Party also uses its official website to call for sit-ins and
protests. While disparate protests do occur, these demonstrations generally have low attendance
and do not lead to substantial political or social changes.
61OthmanAlOmairinTurningPoint85[inArabic]MBC(YouTube),December24,2012,
http://www.youtube.com/watch?feature=player_embedded&v=r9oqwtWiSYA.
62
TheemergenceofGoogle,ArabNewsNewspaper,November27,2012,http://www.arabnews.com/emergencegoogle.
63
OtherpopularchannelsincludeQuartertoNine,Sa7i,Masameer,EyshElly,Fe2aFala,HajmaMortaddaJustFor
Wanasah,andEyshSarFiTwitter.TwitterusageinKSAgrows10timestheworldaverage,SaudiGazette,January6,2013,
http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentid=20130106148256.
64
TwitterGivesSaudiArabiaaRevolutionofItsOwn,RobertF.Worth,TheNewYorkTimes,October20,2012,
http://nyti.ms/ORCPoc.
65
SaudisCrossSocialBoundariesonTwitter,NewYorkTimes,October20,2012,http://nyti.ms/S3hBS7.
66
TwitterusageinKSAgrows10timestheworldaverage,SaudiGazette,January6,2013,
http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentid=20130106148256.
67
FacebookStatisticsbycountry,Socialbakers,December23,2012,http://bit.ly/fyo6Id.
68
TheseincludeIslamicUmmaParty,KulnaHasm(whichisassociatedwithSaudiCivilandPoliticalRightsAssociation),
RajabRevolution1432inHollyMosquesLand,DayofAngerinSaudiArabia,thecoalitionoffreeyouth,Thenational
campaignforsupportingdetaineesinSaudiArabia,andTheCoordinatingCommitteefortheYouthmovementinSaudi
Arabia.
SAUDI ARABIA

However, more recently, the robustness of security forces in dismantling demonstrations has
forced many Saudis to devise more creative forms of organized protest. Facebook is commonly
used to specify the date, time, and place a protest or sit-in will take place, while YouTube has been
instrumental in documenting the demonstrations and attracting media attention.69 Videos
documented a protest on June 6, 2012, in which a group of detainees families carried out a
demonstration inside a shopping mall after initially pretending to be regular customers.70 Later that
summer, demonstrators marched together in their cars on a highway.71 In March 2013, 182
family members, including 15 women and 6 children, participated in a 12-hour sit-in in the central
city of Buraidah. Police arrested 161 of the protestors72 and blamed social media for stirring up the
protests (for more on the arrests of users, see Violations of User Rights).73
In addition to documenting protests, users secretly film officials engaging in inappropriate behavior
at work. Footage is uploaded to YouTube and then disseminated via Twitter. In a recent case from
December 2012, Abdullah al-Sheri (@Abdula73), a Saudi doctoral student in the United States,
tweeted out the names of dozens of high-profile Saudi citizens who had obtained fake post-graduate
university degrees. By matching information in the public domain against a Ministry of Higher
Education list of universities that offer fictitious qualifications, al-Sheri was able to back up his
claims with evidence.74 His tweets caused a huge uproar, attracting media attention and putting
pressure on the Consultative Council (Majlis al-Shura) to enact laws that would deter businesses
from dealing with fictitious universities and punish those who obtained fake degrees.75 Significantly,
no complaint has been lodged against al-Sheri for his actions thus far.
Similarly, the anonymous Twitter user @Mujtahidd continues to criticize high profile members
of the royal family76 and to provide detailed descriptions of state corruption.77 The popularity of the
account has more than doubled over a short period, increasing from around 410,000 Twitter
followers in June 2012 to over 960,000 as of March 2013.78 More recently in 2013, he shared the
tweets of dozens of users who defended the government using the exact same wording, thus
evidencing the presence of an MOI Twitter army.79 Due to his insider knowledge, the person(s)
behind the Mujtahidd account is believed to be a disgruntled member of the Saudi royal family.
69
Ministrysappeal:Ignorerumors,maintainpeace,ArabNewsNewspaper,March8,2013,http://bit.ly/1eQ61Z0.
SaudiactivistsstagerareprotestmarchinRiyadh,USAToday,June7,2012,http://usat.ly/16TutAS.
71
e3teqalYouTubeChannel(http://www.youtube.com/user/e3teqal/videos),August1,2012,
http://www.youtube.com/watch?v=VKF0MPbiRxY
72
161arrestedinBuraidah,ArabNewsNewspaper,March2,2013,http://bit.ly/1azlEz2.
73
AngusMcDowall,Saudiaccusesactivistsoflyingtostirprotests,Reuters,March7,2013,http://reut.rs/Z39vMW.
74Thefictitiousqualificationsscandal[inArabic],AlriyadhNewspaper,November30,2012,http://bit.ly/UfQyUS.
75
DefamingfakedegreesholdersputspressureonAlShuratoimplementmoredeterrentlaws[inArabic],AlSharq
Newspaper,December27,2012,http://www.alsharq.net.sa/2012/12/22/637690.
76
TwitterGivesSaudiArabiaaRevolutionofItsOwn,YorkTimes,December27,2012,http://nyti.ms/RmDtYD.
77
Mujtahidd,Twitter,accessedonFebruary12,2013.http://bit.ly/MtgI50.
78
MujtahiddexposessecretsofSaudiroyalfamilyonTwitter,LBCInternational,June24,2012,
http://www.lbcgroup.tv/news/37984/mujtahiddexposessecretsofsaudiroyalfamilyon
79
https://twitter.com/assaflovhotmail/status/307325546847694848/photo/1.
70
SAUDI ARABIA

The legal environment surrounding online expression remains a significant impediment to internet
freedom in Saudi Arabia. While there have been no reported instances of users being physically
attacked for online posts over the past year, authorities have become more proactive in prosecuting
citizens using the countrys restrictive laws. The MOI has introduced a new method for users to
report offensive comments made toward them by other users, opening the door for an upsurge in
defamation lawsuits that may ultimately have repercussions for freedom of expression. Overall, the
MOI continues to enjoy relative impunity over its abuses of online users. Some have reported that
authorities have confiscated their cars, computers, and other personal items indefinitely. Online
commentators are often detained without specific charges and denied the right to an attorney. New
registration requirements have also harmed the safety of using ICT tools anonymously and free
from government interference.
The Basic Law of Saudi Arabia contains language that calls for freedom of speech and freedom of the
press, but only within certain boundaries. The 2000 Law of Print and Press also addresses freedom
of expression issues, though it largely consists of restrictions rather than protections. Online
journalists employed at newspapers and other formal news outlets maintain the same rights and
protections as print and broadcast journalists, and like their counterparts, are also subject to close
government supervision. Similarly, laws designed to protect users from cybercrimes also contain
clauses that limit freedom of expression. The 2007 Anti-Cyber Crime Law assigns jail sentences
and fines for defamation; the unauthorized interception of private e-mail messages; the hacking of a
website to deface, destroy, modify, or deny access to it; or simply the publishing or accessing of
data that is contrary to the state or its system. 80
In late 2012, after an upsurge in defamation cases stemming from Twitter and the popular
messaging service WhatsApp, the CITC deployed a large-scale media campaign to remind Saudis
that anyone who re-sends messages (via mobile phones and smart phone applications) that violate
the sanctity of the private lives of citizens through insult, mockery, and violation of the sanctity of
public morals, religious values and public order, will be sentenced to five years in jail, in addition
to a fine of SAR 3 million ($800,000).81 On August 8, 2012, the MOI also introduced a new webbased form on its official website allowing internet users to complain about offensive comments
made online about them.82
Many online commentators have been imprisoned for publicly defaming other citizens. For
example, a 25-year-old man was sentenced to four months and fined SAR 10,000 ($2,666) by a
court in the Eastern city of al-Qatif for publicly vilifying and defaming another man on Twitter after
80
http://bit.ly/VWXEmI.
PrivacyviolatorsonWebfacetoughpunishments,ArabNewsNewspaper,December27,2012,
http://www.arabnews.com/privacyviolatorswebfacetoughpunishments.
82
Interiorconfrontssocialnetworkingsitesabuse..electronically,[inArabic],AleqtisadiahNewspaper,March9,2013,
http://www.aleqt.com/2012/08/08/article_681378.html
81
SAUDI ARABIA

a dispute erupted between the two.83 Significantly, laws regarding libel and defamation are not
equally applied when it comes to the countrys Shia minority. For example, after a prominent
Saudi lawyer insulted Shias on Twitter by claiming that they are the children of adultery and of
unknown descents, authorities did not act to arrest him. Over ten thousand citizens in the Eastern
province had signed a petition to call for a lawsuit against him.84
Twitter users who expose the misdeeds of government officials or public sector employees are
often targeted by authorities. While there were no charges issued against al-Sheri for exposing the
fake university qualifications of government officials (see Limits on Content, above), authorities
arrested an undisclosed Twitter user in late 2012 for frequently criticizing known public figures.85
While the government stated that the user is a former public official, Twitter users believed that
the user in question was @Saryat_Aljibal and discussed the users arrest using a Twitter hashtag.
The accountwell-known for frequently criticizing the President of the Royal Court
disappeared from followers lists around the same time as the news of the arrest.86
In September 2012, Bader Thawab (@Bader Thawab) was arrested after tweeting down with the
House of Saud. He was put on trial in early 2013 for using social media to disturb national unity,
among other charges.87 Prominent writer Turki al-Hamad was also arrested in December 2012
after tweeting we need someone to rectify [the Prophet] Mohamed bin Abdullahs doctrine.88
Any discussion that questions an aspect of how Islam is practiced in society commonly leads to
arrest. The incident inspired its own hashtag on Twitter and drew large amounts of both support
and criticism. After five months in detention, al-Hamad was finally released on June 5, 2013.89
Following the latest wave of low-level demonstrations in the country, the number of online
political activists that have been arrested has increased significantly. On March 9, 2013, a court in
Riyadh disbanded the human rights organization ACPRA and sentenced two of its members,
Abdulah al-Hamid and Mohammed al-Qahtani, to 11 years and 10 years of jail time respectively, in
addition to a travel ban equal in length to their jail sentences.90 Five years of their sentences were
based on Article 6 of the Anti-Cyber Crime Law, relating to the creation of a website that could
disturb social order.91 Five founding members of ACPRA are also currently in detention.92 Two
founding members of the Islamic Umma Party, al-Wahiby and al-Gamidi,93 have been in prison
83
JailingaSaudiyouthandfininghimSAR10000becauseofTwitter[inArabic],Alarabiya.net,December27,2012,
http://www.alarabiya.net/articles/2012/09/16/238303.html.
84
BinZahimRecedesandShiitesRefusetoStepDown,SaudiShia,April24,2012,
http://saudishia.com/index.php?act=artc&id=281&hl=sultan
85
RiyadhSecurity(authorities)toppledaTwitteruserfromthosethreatenpublicorder[inArabic],Sabq.org,December27,
2012,http://sabq.org/2iqfde.
86
http://bit.ly/1azm6NT.
87
SaudiChargedforDownwiththeHouseofSaudTweet,GlobalVoices,February16,2013,http://bit.ly/Xfj7UE.
88
AsorderedbytheMinisterofInterior.TurkiAlHamadarrestedbecauseofhisoffensivetweetsagainstdoctrine[in
Arabic],Sabq.org,December24,2012,http://sabq.org/Ygtfde.
89
TurkiAlHamadreleasedafter5monthsfromhisdentition[inArabic],Sabq.org,June5,2013,http://sabq.org/O65fde.
90
10yearsjailforAlQahtaniand11forAlHamidintheACPRAcase[inArabic],Sabq.org,March9,2013,
http://sabq.org/onyfde.
91
AntiCyberCrimeLaw,MOI[inArabic],March2,2013,http://bit.ly/19JUq7S.
92
ThosemembersareSuliamanAlRushoody,MansourAlAwth,MousaAlGarni,MohamedAlBijadiandSalehAlAshwan.
93
IslamicUmmaPartypageonTwitter,[inArabic],December22,2012,http://twitter.com/islamicommapart.
SAUDI ARABIA

since February 2011.94 Both the ACPRA and the Islamic Umma Party base many of their operations
online.
In the most high-profile cases from the past, Hamza Kashgari and Raif Badawi continue to be held
on charges related to their online activities. Kashgari, a young Saudi writer, published three tweets
detailing an imaginary conversation with the Prophet Mohammed on February 4, 2012, causing
tens of thousands of Twitter and Facebook users to call for his execution. King Abdullah reportedly
ordered his arrest on charges of disrespecting Allah and insulting the Prophet.95 After fleeing the
country, he was immediately extradited from Malaysia despite pressure from international human
rights groups.96 The decision was heavily shrouded in controversy, as Malaysian authorities denied
him access to his lawyers and refused requests from the United Nations Refugee Agency (UNHCR)
to interview him.97
In the case of Raif Badawi, authorities have targeted the Free Saudi Liberals website co-founder
repeatedly since March 2008, when he established the forum for discussing political and religious
topics. He was arrested on June 17, 2012 and initially faced up to five years in prison and a hefty
fine for insulting Islam through electronic channels and going beyond the realm of obedience.
However, in December 2012 a court elevated the charge to apostasy, which is punishable by
death.98 While the apostasy charge has since been dropped, Badawi is still in prison facing other
charges. 99
As previously mentioned, the Ministry of Culture and Information requires that all blogs, forums,
chat rooms, and other sites obtain a license from the Ministry to operate online, thus putting more
pressure on online writers to self-regulate their content.100 While the law has not yet been widely
enforced, it is a serious threat to anonymity online. Users are also legally required to use their real
names and register with the government when purchasing mobile phones. In 2012, the CITC
introduced a new law making it mandatory to enter a users ID number to recharge a prepaid
mobile card, rendering it virtually impossible to use prepaid mobile phones anonymously.101
Nevertheless, a black market has since emerged in which vendors sell new SIM cards and prepaid
refill cards with pre-existing ID numbers.102 To stop this lucrative practice, the government is now
considering linking these cards to fingerprints.103
94
IslamicUmmaPartyofficialwebpage,[inArabic],March10,2012,http://www.islamicommaparty.com/Portals/default/
TehminaKazi,ThosewhothreatedTwitterblasphemywriterHamzaKashgarishouldstopandrememberwhatIslamisfor,
TheGuardian,17February2012,http://bit.ly/zsZOyo.
96
MalaysiadeportsSaudiinTwitterpostsrow,AlJazeeraEnglish,13February2012,http://aje.me/wCHThO.
97
SaudiArabia:WriterFacesApostasyTrial,HumanRightsWatch,13February2012,http://bit.ly/xZmdHx.
98
SaudiArabia:WebsiteEditorFacingDeathPenalty,HumanRightsWatch,December27,2012,
http://www.hrw.org/news/2012/12/22/saudiarabiawebsiteeditorfacingdeathpenalty,andSaudiArabia:FreeEditorHeld
UnderCybercrimeLaw,HumanRightsWatch,July17,2012,http://bit.ly/Pb4Oxy.
99
ApostasyCaseagainstSaudiActivistDismissed,GlobalVoices,January23,2013,http://bit.ly/149EutE.
100
InternetEnemies,SaudiArabia,ReportersWithoutBorders,2012,http://bit.ly/JrLevJ.
101
UsersIDnumbernowrequiredtorechargeprepaidmobilephones,ArabNews,July4,2012,http://bit.ly/1azmvzS.
102
BlackmarketforSIMcardswithIDthriving,SaudiGazetteNewspaper,December31,2012,
103
StudytolinkSIMcardswithfingerprints,ArabNewsNewspaper,June20,2013,http://www.arabnews.com/news/455594.
95
SAUDI ARABIA

Even anonymous users and writers who employ pseudonyms when making controversial remarks
face special scrutiny from the authorities, who attempt to identify and detain them. Surveillance is
rampant in Saudi Arabia; anyone who uses communication technology is subject to government
monitoring, which is officially justified under the pretense of protecting national security and
maintaining social order. The authorities regularly monitor websites, blogs, chat rooms, social
media sites, e-mails, mobile phone text messages, and messages sent through the very popular
service WhatsApp. Evidencing the governments determination to monitor its citizens, the
American security expert Moxie Marlinspike published e-mail correspondence with an employee at
Mobily who sought to recruit him to help the telecommunications firm with intercepting encrypted
data from mobile applications such as Twitter, Viber, Vine, and WhatsApp.104
In addition to direct government monitoring, access providers are required to monitor their own
customers and supply the authorities with information about their online activities, often without
legal process. Since 2009, the MOI has made it mandatory for internet cafes to install hidden
cameras and provide identity records of their customers. The security regulations also bar entrance
to anyone under the age of 18.
As ICT use has grown across the country, the threat of cyberattacks has also escalated. Several
websites and portals were subject to attacks in 2012 and early 2013, including Saudi Aramco, the
worlds largest oil company,105 and the official website of the Directorate General of the Ministry of
Education in Riyadh.106 Smart phones and tablets are banned at security organizations out of fears of
being targeted by hackers.107 As part of a protest for the release of political detainees, a group of
hackers also attacked the websites of the Ministry of Petroleum and Mineral Resources and the
Saudi television station Channel One.108
The hijacking of Facebook and Twitter accounts or impersonating public figures on Facebook and
Twitter also remained widespread. The Saudi Human Rights Organization site was hacked on
December 31, 2012109 and, four days later, the Twitter account of the Saudi television show Al
Raeis came under attack.110 Al-Raeis, which appears on the channel Line Sport, was apparently
targeted for allowing harsh criticisms of prominent Saudi government officials and departments to
be aired.
104
ASaudiArabiaTelecom'sSurveillancePitch,MoxieMarlinspike,May13,2013,http://bit.ly/101lYnw.
SaudiAramcohitbycomputervirus,TheGuardian,August16,2012,http://bit.ly/St7x3I.
106
AhackermockstheweaksecurityofthewebsiteofRiyadhEducationDirectorate[inArabic],AlArabiya.net,November4,
2012,http://www.alarabiya.net/articles/2012/11/04/247500.html.
107
SaudiArabiabansiPhonesandGalaxytabletsatsecurityorganizations,AlArabiya,July15,2011,
108
WebsitesbelongingtoSaudiRegimehackedinresponsetothelatestdetentionsandinpreparationfortheDetainees
Friday[inArabic],Watan.com,December27,2012,http://www.watan.com/news/worldnews/20121219/17708.
109
Hackerpenetrates17SaudisitesandregisterthemIZoneh[inArabic],Sabq.org,December31,2012,
http://sabq.org/qBtfde
110
AnonymoushackedintoAlRaeisTwitteraccount[inArabic],Sabq.org,January4,2013,http://sabq.org/6Ptfde
105
SAUDI ARABIA
SOUTH AFRICA
2012

Total (0-100)
2013
FREE FREE
8
8
10
26
7
8
11
26


In May 2012, President Jacob Zuma sought to ban the display of a painting of himself
known as The Spear from appearing online. Though he failed to win an injunction, the
City Press newspaper removed a reproduction from its website (see LIMITS ON
CONTENT).
The Constitutional Court upheld a 2011 high court judgment ruling controversial 2009
amendments to the Films and Publications Act of 1996 unconstitutional, concluding that
prescreening publications, including those online, is an unjustifiable limitation on
freedom of expression (see LIMITS ON CONTENT).
The Protection of State Information Bill, which parliament passed in 2013, will
criminalize reporting on classified state information and intentionally accessing leaked
information online if signed into law (see VIOLATIONS OF USER RIGHTS).
The General Intelligence Laws Amendment Bill, enacted in 2013, authorized state
security agencies to intercept foreign signals intelligence without a warrant (see
FinFisher command and control servers were discovered on the Telkom network in
April 2013, though the extent to which the spyware has been deployed is unknown (see
SOUTH AFRICA

INTRODUCTION
Digital media freedom is generally respected in South Africa. Political content is not censored, and
neither bloggers nor content creators are targeted for their online activities. Access to the internet
continued to expand in the past year, facilitated in part by falling costs due to the arrival of the
Seacom and the East African Submarine System (EASSy) undersea cables and new fiber-optic
cables, though most South Africans access the internet from their mobile phones.
In 2012 and early 2013, internet freedom in South Africa was threatened by two pieces of
legislation: the General Intelligence Laws Amendment Bill (GILAB), which aimed to legalize the
bulk monitoring of communications known as foreign signals intelligence without judicial
oversight in its original 2011 version; and the Protection of State Information Bill (POSIB), which
makes it illegal to publish and access certain state information, affecting whistleblowers in both
traditional and digital media, bloggers, and internet users. In a positive development, the
Constitutional Court found the 2009 amendments to the Films and Publications Act of 1996
unconstitutional, concluding that the requirement to prescreen and classify publications, including
those online, is an unjustifiable limitation on freedom of expression.
Prior to the Constitutional Court ruling, an art gallery successfully appealed the classification of a
controversial painting of President Jacob Zuma known as The Spear. Zuma and the ANC ruling
party had also sought a court injunction to ban the painting and its digital representations from
public display and dissemination online, though their failed efforts only led to more widespread
circulation of and greater attention paid to the artwork.
OBSTACLES TO ACCESS
The internet is steadily spreading across South Africa, with 41 percent of the South African
population having access by the end of 2012, up from 34 percent in 2011, according to the
International Telecommunications Union (ITU).1 Nevertheless, access to the internet is unequal
across income lines. A 2012 household and individual survey by Research ICT Africa found that
internet users comprise a little over 18 percent of the population at the bottom of the economic
pyramid and about 40 percent of the rest of the pyramid.2
http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.TheITUfiguresmaybeanoverestimate,astheymaynottake
intoaccountmultipleinternetsubscriptions.AnothermeasureofinternetusageistheSouthAfricanAdvertisingResearch
FoundationsAllMediaProductSurvey,whichestimatedthatinDecember2012,15.7percentofadultshadusedtheinternetin
thelastday,24.6percentinthepastmonth,and27.1percentinthelastyear.See,SouthAfricanAdvertisingResearch
Foundation,AMPSTrendedMediaData:Internet,accessedJuly24,2013,http://www.saarf.co.za/amps/internet.asp.
2
Thebottomofthepyramiddefinitionusesthe2012SouthAfricanNationalPlanningCommissionDevelopmentPlanpoverty
datumline,definedashouseholdswithincomeoflessthanZAR432permonthperhouseholdmember,approximately$52.50,
orlessthan$1.80perpersonperday.See,ResearchICTAfricaandIntelecon,MobileUsageattheBaseofthePyramidinSouth
Africa,WorldBank,December2012:29,http://www.infodev.org/infodevfiles/resource/InfodevDocuments_1193.pdf.
SOUTH AFRICA

The majority of users access the internet from mobile phones due to the high cost of access,
infrastructural limitations, and waiting periods for fixed-line ADSL broadband installation in some
areas. Accordingly, mobile phone access in South Africa is much higher than internet access, with
an estimated 83 percent of the population identified as mobile phone users and about 74 percent of
the population using prepaid mobile services as of July 2012, according to the South African
Advertising Research Foundation.3 The latest ITU data notes over 68 million mobile phone
subscriptions in 2012, amounting to a penetration rate of nearly 135 percent.4 Moreover, access to
and usage of mobile phones is more equal across economic strata than internet access, as reported
by the 2012 Research ICT Africa study, which found that 75 percent of individuals at the bottom of
the economic pyramid own a mobile phone, a rate that is only 14 percent lower than mobile phone
ownership in the rest of the pyramid.
South Africa has five mobile phone companiesVodacom, MTN, Cell-C, Virgin Mobile and 8ta
all of which are privately owned except for 8ta, which is owned by Telkom, a partly state-owned
company of which the government has a 39.8 percent share and an additional 10.5 percent share
through the state-owned Public Investment corporation. The state previously owned a stake in
Vodacom through Telkom, but its shares were relinquished in 2008.5 The costs of mobile
telecommunication services are expensive, with South Africas mobile affordability ranked 33rd out
of 44 African countries surveyed by Research ICT Africa in 2012 for the cheapest price available
from dominant operators.6
Fixed-line broadband is also expensive, as documented in a report by the telecom research firm
Ovum in 2012 that sampled 20 emerging market countries and found South Africa to have the most
expensive broadband tariffs.7 One gigabyte (GB) of data per month at a speed of 512-1024 Kbps is
available for 313 rand ($36),8 while the cheapest unlimited 1 Mbps connection costs 492 rand ($56)
per month.9 Some mobile broadband packages offering small amounts of data are cheaper than the
fixed-line alternatives. The cheapest prepaid mobile data packages are 40 rand ($5) for 100 MB,
120 rand ($13.50) for 500 MB, and 266 rand ($30) for 2 GB.10 Consequently, there were only 2.2
fixed-line broadband connections per 100 inhabitants in 2012, up from 1.8 connections in 2011,11
and those with access are generally concentrated in urban areas. South Africa also lags behind other
countries in terms of broadband speed, ranking 122 out of 180 countries for download speeds in a
test conducted by Ookla.12
3
AMPSTrendedMediaData:CellphoneTrends,SouthAfricanAdvertisingResearchFoundation,accessedFebruary28,2012,
http://www.saarf.co.za/amps/cellphone.asp.
4
InternationalTelecommunicationUnion(ITU),Mobilecellulartelephonesubscriptions,20002012.
5
RichardWray,VodafoneOffers1.2bnforControlofVodacom,Guardian,June2,2008,http://bit.ly/1dSIGD7.
6
ResearchICTAfrica,SouthAfricasMobileTerminationRateDebate:WhattheEvidenceTellsUs,PolicyBriefSA2,
November2012,http://bit.ly/1aFoaE7.
7
Ovum,BroadbandPricinginEmergingMarketsin2012,citedinNicolaMawson,BroadbandStillTooExpensive,ITWeb,
January8,2013,http://www.itweb.co.za/index.php?option=com_content&view=article&id=60921.
8
ThispackageincludesADSLlinerentalaswellasmandatoryfixedlinevoicerental.Forpricessee,1GBADSLAccounts,
Hellkom,accessedFebruary27,2013,http://hellkom.co.za/1gbtelkomadsl/.
9
1MbpsUncappedADSL,Hellkom,accessedFebruary27,2013,http://hellkom.co.za/uncappedadsl/1mbpsuncappedadsl/.
10
Theseprepaiddatabundlesarefromthemobileoperator8ta,whichisownedbythefixedlineincumbentTelkom.Pricesare
fromhttp://www.8ta.com/plans/prepaiddata/,accessedFebruary27,2013.
11
12
DownloadSpeeds:MongoliaBeatsSA,IOLScitech,January10,2013,http://bit.ly/11ja0Xh.
SOUTH AFRICA

There are hundreds of internet access providers (IAPs) in South Africa, with Telkom retaining a
monopoly on fixed-line broadband access via ADSL. Although there is competition in the ADSL
market and users can choose from hundreds of providers, ADSL lines are only available through
Telkom due to its control over the local loop or last mile of connectivity, which is the copper
(or fiber) line that connects to internet users homes. While other operators and IAPs have been
allowed to build their own last mile connectivity since 2008, they have yet to do so, leaving
Telkom as the de facto consumer choice. It was hoped that the second national operator, Neotel,
would enter the broadband market to increase competition, but the telecom has instead chosen to
focus on providing wireless internet and telecom services, which has had minimal impact on last
mile connectivity and the associated price of broadband.
Currently, subscribers cannot enjoy ADSL without also paying for additional voice service, while
IAPs selling ADSL access need to pay Telkom for its IPConnect (IPC) service for access to
Telkoms local loop. As such, Telkom has been accused of charging twice for the same product by
making both Telkom consumers and providers pay for access to the same ADSL network.13 In
February 2013, the Internet Service Providers Association stated that the IPC service fee still
comprised up to 70 percent of the total costs for IAPs to provide ADSL internet access. In
response, the Independent Communications Authority of South Africa (ICASA) regulatory body
acknowledged that the high cost of IPC could be a barrier to competition in the fixed-line sector
and announced plans to conduct a study of electronic communications costs in South Africa.14
In 2007 the Department of Communications mandated ICASA to implement local loop unbundling
by 2011 to open up the local loop between IAPs and their customers to competition. The only
measure towards implementing local loop unbundling that has taken place thus far is the reduction
in the IPC service price, which is regarded as more of a palliative measure rather than a solution. In
April 2012, ICASA promised to implement Bitstream accessa key tool in local loop
unbundlingby November 2012, but as of mid-2013, Telkom has not offered any Bitstream
products to the local loop, which it still completely controls.15
In addition to the market challenges faced by telecom service providers, cybercafes face regulatory
controls that impact their economic viability. Pursuant to Section 27(A)1 of the Electronic
Communications Act, internet service providers (ISPs) and internet cafes are required to register
with the Film and Publications Board (FPB), which falls under the Department of Home Affairs
and is a relic, albeit a reformed one, of the Apartheid publication censorship regime. The
registration requirements are not unreasonably onerous,16 though failing to register is an offence
that may be subject to a fine, six months of prison, or both. Although many internet cafes do
register with the board, there is little public evidence of enforcement.
13
GarethVorster,TelkomChargingTwicefortheSameProduct,BusinessTech,March62012,http://bit.ly/wQMZZV.
BonnieTubs,ICASAMullsFurtherIPCCut,ITWeb,February21,2013,http://bit.ly/1eUVvQk.
15
JanVermeulen,LLU:ALostOpportunity,MyBroadband,February11,2013,http://bit.ly/X2fP57.
16
Theapplicantneedstoprovidehisorhername,businessname,nationalidentificationnumber,addressandcontactdetails,
andnatureofhisorherbusiness.ThecostofregistrationisZAR462(US$47).See,InternetServiceProvidersAssociation,ISPA
ISPs/InternetCafsTrainingCourse,January2011,http://bit.ly/1bmQTP5.
14
SOUTH AFRICA

Access providers and other internet-related groups are self-organized and quite active in lobbying
the government for better legislation and regulations. The autonomy of the regulatory body,
ICASA, is protected by the South African constitution, although several incidents involving
ministerial policy directives sent to the regulator have called into question the extent of its
independence.17 In addition, the Ministry of Communications has on two different attempts in
recent years proposed amendmentsone to the Independent Communications Authority Act and
another to the Electronic Communications Amendment Actthat would have limited ICASAs
independence in various ways. A cabinet reshuffle in June 2012, which saw the replacement of the
minister of communications, resulted in the removal of the problematic clauses in both bills.18
LIMITS ON CONTENT
Internet content and social media platforms remain free from government censorship and
interference in South Africa. In September 2012, the Constitutional Court upheld a 2011 Gauteng
High Court judgment ruling the controversial 2009 amendments to the Films and Publications Act
of 1996 unconstitutional, based on the conclusion that the prescreening of publications (including
internet content) would affect the value of news and be an unjustifiable limitation on freedom of
expression.19 Before the Constitutional Court ruling, an art gallery successfully appealed the
classification of a controversial painting of President Jacob Zuma known as The Spear, which the
ruling party tried to ban from public display and dissemination online.
When the 2009 amendments to the Films and Publications Act were passedostensibly to regulate
child pornography and hate speechthey raised concerns that certain types of controversial
content could be subject to prepublication censorship. The amendments required every print and
online publication not recognized by the press ombudsman to submit potentially pornographic or
violence-inciting materials to the governments Film and Publications Board (FPB) for approval
and imposed criminal penalties for noncompliance.20 Exemptions were provided for artistic and
scientific speech, but the FPB had the discretion to grant or deny these exemptions.21 Movies and
games were classified before their release, though the FPB could not classify publications or
websites until it first received a complaint from the public. Before the amendments were
overturned in September 2012, appeals could be made to the FPBs Appeals Tribunal, which had
been known to rule in favor of freedom of expression online in a few cases.
The most notable case presented to the FBP in 2012 involved a controversial painting by artist Brett
Murray known as The Spear, which depicted President Jacob Zuma in Soviet attire with his
17
See:FreedomHouse,SouthAfrica,FreedomontheNet2012,http://www.freedomhouse.org/report/freedom
net/2012/southafrica;OpenSocietyInitiativeforSouthernAfrica,SouthAfrica,PublicBroadcastinginAfricaSeries
(Johannesburg:OpenSocietyInitiativeforSouthernAfrica,2010),http://bit.ly/GzyPq8.
18
NicolaMawson,ICASA'sPowerAffirmedbyNewBills,ITWeb,July16,2013,http://bit.ly/12TdmwN.
19
FilmandPublicationsActAmendmentsDeclaredUnconstitutional,BizCommunity,November3,2011,
http://www.bizcommunity.com/Article/414/466/66617.html.http://allafrica.com/stories/201209281478.html.
20
TheFilmandPublicationsBoardispartoftheMinistryofHomeAffairs.AccordingtotheFilmandPublicationsAmendment
Actof2003,allISPsarerequiredtoregisterwiththeboard.
21
FilmsandPublicationsAmendmentAct,No.3of2009,accessedJune4,2010,http://bit.ly/18H9bIu.
SOUTH AFRICA

genitals exposed. Upset by the paintings display in Johannesburgs Goodman Gallery, the African
National Congress (ANC) ruling party, Jacob Zuma and his family tried to obtain a high court
injunction to ban the display of the painting, arguing that the artwork infringed upon Zumas
dignity both as an individual and as president. The aggrieved parties also sought to have an image of
the painting taken down from the website of City Press newspaper,22 in addition to calling for a
boycott of the newspaper and pressuring advertisers to withdraw business from the publication.23
While the May 2012 court case was postponed indefinitely,24 the Goodman Gallery came to a
private agreement with the ANC to remove the painting from display in exchange for dropping
charges; the City Press newspaper also voluntarily removed the paintings image from its website.25
In response to complaints over the artworks supposedly pornographic nature, the FPB classified
the uncensored version of the painting as 16N in June 2012, effectively proscribing the artwork
and its digital reproductions from being exhibited publically or online where it could be viewed by
youth under the age of 16.26 The Goodman Gallery appealed the classification to the FPBs Appeals
Tribunal in July 2012, which ultimately overruled it, concluding that the painting was neither
pornographic nor harmful to children.27 The tribunals decision stripped the artworks
classification, thereby removing all restrictions on access to the painting and its publication online
or elsewhere.28
Under the Electronic Communications and Transactions Act of 2002 (ECTA), ISPs are required to
respond to and implement take-down notices regarding illegal content such as child pornography,
defamatory material, or copyright violations. Members of the Internet Service Providers
Association are not held liable for third-party content that they do not create or select,29 though
they can lose their protection from liability if they do not respond to take-down requests. As a
result, ISPs often err on the side of caution by taking down content upon receipt of a notice to
avoid litigation, and there is no incentive for providers to defend the rights of the original content
creator if they believe the take-down notice was requested in bad faith.30
Meanwhile, any member of the public can submit a take-down notice, and there are no existing or
proposed appeals mechanisms for content creators or providers. The Department of
22
KarenMacGregor,ASpeartotheHeartofSouthAfrica,NewYorkTimes,OpEd,June5,2012,http://nyti.ms/K9Ob5Q.
DavidSmith,ZumaGenitalsRowEscalatesasANCCallsforBoycottofNewspaper,Guardian,May25,2012,
http://www.guardian.co.uk/world/2012/may/25/zumagenitalsrowancnewspaperboycott.
24
ErinConwaySmith,JacobZumaTheSpearPaintingCasePostponedIndefinitely,GlobalPost,May24,2012,
http://bit.ly/LId7Bt.
25
PhillipDeWet,BoycottFails,butCityPressAgreestoDropTheSpear,MailandGuardian,May28,2012,
http://mg.co.za/article/20120528boycottfailsbutcitypressagreestodropthespear.
26
FilmandPublicationsBoard,FPBClassificationofTheSpearArtwork,June1,2012,http://bit.ly/LRNwQu.
27
TheSpearClassificationOverturned,WebberWentzel,October15,2012,
http://www.webberwentzel.com/wwb/content/en/ww/wwmostpopular?oid=37612&sn=Detail2011&pid=32704.
28
PhillipDeWet,AppealTribunalShredsClassificationofTheSpear,MailandGuardian,October12,2012,
http://mg.co.za/article/2012101200appealtribunalshredsclassificationofthespear.
29
TheMinistryofCommunicationshasrecognizedtheassociationasanindustryrepresentativebodyundertheact.The
associationactsasanagentonbehalfofits160membersandprovidestheministrywithannualinformationaboutthetotal
numberoftakedownnoticesissued,theactionstakeninresponse,andthefinalresults.Mostofthecomplaintslodgedare
resolvedamicably,withISPAsclientsagreeingtotakedowntheoffendingcontent.
30
AlexComninos,IntermediaryLiabilityinSouthAfrica,IntermediaryLiabilityinAfricaResearchPapers,4,October2012,
http://www.apc.org/en/pubs/intermediaryliabilitysouthafrica.
23
SOUTH AFRICA

Communications has suggested improving this with a new ECTA provision that would allow a
service provider to respond to the grounds of the complaint before acting upon the notice. The
complainant could then reconsider and decide to withdraw the notice or send a final take-down
request that would obligate the service provider to act or lose its protection from liability.31 This
proposed mechanism, however, still falls short of an actual appeals process.
The government does not restrict material on contentious topics such as corruption and human
rights. Citizens are able to access a wide range of viewpoints, and there are no disproportionate
government efforts to limit or manipulate online discussions. Online content, however, does not
match the diverse interests of South Africas society, especially with respect to the countrys 10
other official languages besides English. Radio and television continue to be the main sources of
news and information for most South Africans, but there are increasing efforts to extend
mainstream news outlets to online platforms. All major media groups now have an online presence.
There are a number of political and consumer-activist websites, though the internet is not yet a key
space or tool for social or political mobilization. Nevertheless, individuals and groups openly
express their views via e-mail, instant messaging, chat rooms, and social media, while the South
African blogosphere has become highly active in discussing issues such as HIV and AIDS, and the
environment. The internet and mobile phones are increasingly used for political organization, as
seen during the protests and activism against the controversial Protection of State Information Bill
throughout 2011 and 2012, though they were unsuccessful in preventing the passage of the
controversial bill. Meanwhile, the main political parties have developed online campaigns to attract
young voters and are very active in social media.

The Protection of State Information Bill (POSIB) was passed by parliament in 2013 and, if signed
into law, will impose criminal penalties on journalists who report on classified state information
and on individuals who intentionally access leaked information, including internet users.
Meanwhile, a revised version of the 2011 General Intelligence Laws Amendment Bill (GILAB) was
enacted in 2013 that tacitly authorizes the interception of electronic communications known as
foreign signals intelligence without a warrant. FinFisher command and control servers were
discovered on the Telkom network in April 2013, though the extent to which the spyware has been
deployed is unknown.
The South African constitution guarantees freedom of the press and other media, freedom of
information, and freedom of expression, among other guarantees. However, it also includes
constraints, and freedom does not extend to propaganda for war; incitement of imminent
violence; or advocacy of hatred that is based on race, ethnicity, gender, or religion and that
31
AndrewRens,NoticeandTakeDownorNoticeandNoticeandTakeDown?exAfricasemperaliquidnovi(blog),November
30,2012,http://aliquidnovi.org/noticeandtakedownornoticeandnoticeandtakedown/.
SOUTH AFRICA

constitutes incitement to cause harm.32 The judiciary in South Africa is independent and has issued
a few rulings protecting freedom of expression online in recent years. Libel is not a criminal
offense, though civil laws can be applied to online content, and criminal law has been invoked on at
least one occasion to prosecute against injurious material.33
Current threats to the traditional media in South Africa may have an impact on the internet sphere.
Most notably, the Protection of State Information Bill (POSIB)passed by the lower house of
parliament in late 2011 and the upper house in November 2012imposes sentences on journalists
of up to 25 years for reporting on classified information. An amended version that marginally
narrowed the definition of national security was approved by the National Assembly in April 2013
and was awaiting the presidents signature in May 2013. Once signed into law, the bill is expected
to have a chilling effect on the media as well as on internet users who could face sentences of up to
ten years in prison for intentionally accessing classified South African state information on
whistleblower websites. Opponents vowed to challenge the bill at the Constitutional Court before
it is signed into law.
Concerning restrictions on anonymous communication, another piece of legislationthe
Regulation of Interception of Communications and Provision of Communication-Related
Information Act of 2002 (RICA), in force since 2005requires mobile subscribers to provide
national identification numbers, copies of national identification documents, and proof of a physical
address to service providers.34 An identification number is legally required for any SIM card
purchase, and those in possession of an unregistered SIM card are required to register with proof of
residence and an identity document.35 As many people in South Africa do not live in formal
housing, this can be an obstacle to mobile phone usage. RICA also requires ISPs to retain customer
data for an undetermined period of time and bans any internet system that cannot be monitored,
though under the Electronic Communications and Transactions Act of 2002 (ECTA), ISPs do not
have an obligation to monitor communications on their network.36 Internet cafes are also not
required to register users or monitor customer communications.
While RICA obligates ISPs to send questionable communications to a designated interception
center, it also explicitly prohibits the interception of communications, except with permission from
a judge designated to rule on the practice.37 This is based on the Criminal Procedures Act, which
allows law enforcement agencies to apply to a high court judge or regional court magistrate for
mobile phone records or the location of a cell phone. RICA also requires judicial oversight and
32
ConstitutionoftheRepublicofSouthAfrica,May8,1996,BillofRights,Chapter2,Section16,
http://www.info.gov.za/documents/constitution/.
33
See:FreedomHouse,SouthAfrica,FreedomoftheNet2011,http://www.freedomhouse.org/report/freedom
net/2011/southafrica.
34
Chapter7,DutiesofTelecommunicationServiceProviderandCustomer,RICA,
http://www.dac.gov.za/acts/Regulation%20of%20Interception%20of%20Communications%20Act.pdf.
35
NicolaMawson,MajorRICAThreatIdentified,ITWeb,May27,2010,http://bit.ly/16aWGqe.
36
ElectronicCommunicationsandTransactionsAct,2002,No.25of2002,Article78,Nogeneralobligationtomonitor,
http://www.internet.org.za/ect_act.html#No_general_obligation_to_monitor.
37
ActNo.70,2002,RegulationofInterceptionofCommunicationsandProvisionofCommunicationRelatedInformationAct,
2002,GovernmentGazette,22January2003,http://bit.ly/19iWT7k.
SOUTH AFRICA

includes guidelines for judges to establish whether the interception is justified in terms of
proportionality and narrowly defined standards.
Despite explicit legislative provisions, an investigative report by the Mail and Guardian in 2011
found that [s]tate intelligence agencies canand doaccess citizens private communications
illegally, and that it is a common occurrence, especially in police crime intelligence.38 According
to the news report, the government conducts bulk surveillance of mobile phone conversations,
SMS messages, and e-mails through the National Communications Center (NCC)a government
agency that houses interception facilities and operates outside the boundaries of the law because it
targets foreign signals intelligence,39 which is not considered under the purview of RICA.40
According to other reports, the NCC has the technical capability and staffing to monitor both SMS
and voice traffic originating outside South Africa.41 Calls from foreign countries to recipients in
South Africa can ostensibly be monitored for certain keywords; the NCC then intercepts and
records flagged conversations. While most interceptions involve reasonable national security
concerns, such as terrorism or assassination plots, the system also allows the NCC to record South
African citizens conversations without a warrant and is subject to abuse without sufficient oversight
mechanisms.42
To address the concern that the NCC operates without a legislative mandate, the South African
government proposed the General Intelligence Laws Amendment Bill (GILAB) in 2011 with the
aim of regulating the NCCs activities and legalizing the monitoring and interception of foreign
signals intelligence.43 Known as the so-called Spy Bill, the 2011 version of GILAB allowed for
any electronic communications originating from or passing through a foreign serversuch as emails on international platforms, Facebook, Twitter, and Voice over IP applicationsto be tapped
without a warrant.44 Civil society groups voiced deep concern over the bills vast unchecked
powers and its infringement on constitutional rights.45 Signed into law in July 2013,46 a revised
version of GILAB avoided concerns over the interception of foreign signals intelligence by
excluding mention of it altogether, thus leaving its legalization open to vague interpretation.
38
HeidiSwart,SecretState:HowtheGovernmentSpiesonYou,MailandGuardian,October14,2010,
http://mg.co.za/article/20111014secretstate/.
39
Foreignsignalsintelligenceisdefinedas:intelligencederivedfromtheinterceptionofelectromagnetic,acousticandother
signals,includingtheequipmentthatproducessuchsignals,andincludesanycommunicationthatemanatesfromoutsidethe
bordersoftheRepublic,orpassesthroughorendsintheRepublic.GeneralIntelligenceLawsAmendmentBill,Government
GazetteNo.34747of11November2011,http://www.info.gov.za/view/DownloadFileAction?id=156569.
40
CliffeDekkerHofmeyretal.,TheGeneralIntelligenceLawsAmendmentBill:bigGILAiswatching,Associationof
CorporateCounsel,March7,2012,http://www.lexology.com/library/detail.aspx?g=37a86080473f43cc90379398704398ba.
41
MoshoeshoeMonare,EveryCallYouTake,TheyllBeWatchingYou,Independent,August24,2008,
http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20080824105146872C312228.
42
MoshoeshoeMonare,EveryCallYouTake..
43
GeneralIntelligenceLawsAmendmentBill,GovernmentGazetteNo.34747of11November2011,http://bit.ly/1eUVUCj.
44
DrewForrestandStefaansBrmmer,SpooksBidforNewPowers,MailandGuardian,February3,2012,
http://mg.co.za/article/20120203spiesbidfornewpowers/.R2KStatementoftheFinalDraftoftheSpyBill,Right2Know,
March27,2013,http://www.r2k.org.za/2013/03/27/r2kstatementonthefinaldraftofthespybill/.
45
CliffeDekkerHofmeyretal.,TheGeneralIntelligenceLawsAmendmentBill:BigGILAisWatching,Associationof
CorporateCounsel,March7,2012;TheGILAB(akatheSpyBill)isBackinParliamentWYouNeedtoKnow,Right2Know,
February11,2013,http://www.r2k.org.za/2013/02/11/gilabspybillbackinparliament/.
46
ZumaEnactsFiveNewBillsintoLaw,MailandGuardian,July25,2013,http://bit.ly/172tM7y.
SOUTH AFRICA

Nevertheless, concerns over the authorities ability to illegally intercept private communications
were further heightened in April 2013 when research conducted by Citizen Lab revealed that two
FinFisher command and control servers were discovered on the partially state-owned Telkom
network in South Africa.47 Such servers are used to harvest data and user information such as
screenshots, keylogger data, audio from Skype calls, passwords and more collected by the
spyware suite.48 While Citizen Lab also found evidence of FinFisher being deployed by the
authorities in Ethiopia and used against political dissidents in Bahrain,49 the extent to which
FinFisher has been implemented in South Africa and by what entities was unknown as of mid-2013.
Neither Telkom nor government agencies responded to inquiries regarding the Citizen Lab findings
when approached by reporters in May 2013.50
Meanwhile, ECTA provides for the creation of cyber inspectors who are given the responsibility
of monitoring and inspecting websites and information systems in the public domain for unlawful
activities.51 No inspectors have been appointed since ECTAs enactment over a decade ago, though
in November 2012, the Department of Communications announced that it would soon begin
implementing the ECTA provision and appointing cyber inspectors to crackdown against
cybercrime.52 The inspectors are to be trained to inspect and confiscate computers, determine
whether individuals have met the relevant registration provisions, as well as search the internet for
evidence of criminal actions.53 In addition, the inspectors are not required to have any particular
qualifications, and some analysts worry about the potential infringement on individuals or
companies rights to privacy, though any search and seizure activities do require a warrant.54
There have been no reports of extralegal intimidation targeting online journalists, bloggers, or
other digital technology users by state authorities or any other actor. In addition, politicallymotivated hacking attacks are not significant; however, South African government websites,
including the police website, have been hacked from actors outside South Africa a number of times
this past year, and some remain unfixed. Meanwhile, spam and malware remain a significant
problem in South Africa.
47
MorganMarquisBoireetal.,ForTheirEyesOnly:TheCommercializationofDigitalSpying,CitizenLab,
https://citizenlab.org/2013/04/fortheireyesonly2/.
48
JanVermeulen,FinFisherSpywareServersinSouthAfrica,BusinessTech,May6,2013,http://bit.ly/17HPbFN.
49
MorganMarquisBoireetal.,ForTheirEyesOnly.
50
JanVermeulen,FinFisherSpywareServersinSouthAfrica,BusinessTech,May6,2013.
51
ElectronicCommunicationsandTransactionsAct,2002,No.25of2002,Article80,Appointmentofcyberinspectors,
http://www.internet.org.za/ect_act.html#CYBER_INSPECTORS
52
ThabisoMochiko,SAtoGetCyberInspectorsasCyberCrimeProliferates,BusinessDay,November14,2012,
http://www.bdlive.co.za/business/technology/2012/11/14/satogetcyberinspectorsascybercrimeproliferates.
53
PrivacyInternational,SouthAfrica,inSilenced:AnInternationalReportonCensorshipandControloftheInternet(London:
PrivacyInternational,2003).
54
ShumaniLGereda,TheElectronicCommunicationsandTransactionsAct,inLisaThornton,YasminCarrim,Patric
MtshaulanaandPippaReburn(eds.)TelecommunicationsLawinSouthAfrica,Johannesburg,STEPublishers:2006.
SOUTH AFRICA
SOUTH KOREA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
3
12
19
34
3
13
16
32

The Constitutional Court dismantled the infamous Internet real-name system,
preventing most websites from collecting ID numbers, though mobile providers still
require them (see VIOLATIONS OF USER RIGHTS).
Political campaigns effectively used ICTs in 2012 after restrictions on online
electioneering were lifted in 2011(see LIMITS ON CONTENT).
Positive developments were offset when prosecutors said intelligence agents
manipulated online content under false IDs to influence the presidential election, a first
for South Korea (see LIMITS ON CONTENT).
In January 2013, outgoing President Lee Myung-bak pardoned a former head media
regulator convicted of accepting KRW 800 million in bribes (see OBSTACLES TO
ACCESS).
Lawmaker Roh Hoe-chan lost his National Assembly seat after the Supreme Court
convicted him of posting official secrets online, though the secrets, which exposed
political corruption, were already in the public domain (see VIOLATIONS OF USER
RIGHTS).
SOUTH KOREA

INTRODUCTION
South Korea is one of the most wired countries in the world, as well as a vibrant fledgling
democracy. However, recent years have been marked by sophisticated policing of the online
environment. The UN Special Rapporteur on Freedom of Expression, international journalists, and
human rights groups voiced concerns that the space for free expression in the country has
diminished since 2008, after the government sought to contain public demonstrations.1
Developments in 2012 and 2013, nevertheless, showcased a range of democratic checks and
balances partially offsetting the negative trend. In August 2012, the Constitutional Court declared
44(5) of the Information and Communications Network Actrequiring users to verify their real
names before posting comments on major domestic websitesunconstitutional, although other
laws mandating real-name registration in specific circumstances remain in place.2 Both
parliamentary and presidential elections took place in 2012, in April and December, respectively.
In past years, online campaigning was restricted in advance of polls, but another landmark
Constitutional Court ruling in December 2011 re-interpreted election laws to allow online and
social media campaigns throughout the year.3 Nevertheless, these positive developments have a
possible flip-side. A scandal broke out a week before the presidential race involving intelligence
agents and their alleged manipulation of online content during the campaign period.4
At the end of his term in office, outgoing President Lee Myung-bak issued dozens of pardons to
political allies charged with corruption, including the former chairman of the regulatory Korea
Communications Commission (KCC). Park Geun-hye replaced Lee as head of state in February
2013, having led Lees conservative Grand National (Hannara) Party to win a majority of seats in
the April 2012 National Assembly election under a new name, the New Frontier (Saenuri) Party.
Park appointed a close aide as the new KCC chairman, perpetuating the impression that the
supposedly independent regulator is under the presidents direct control.5
FrankLaRue,FullTextofPressStatementDeliveredbyUNSpecialRapporteuronthePromotionandProtectionoftheRight
toFreedomofOpinionandExpression,Mr.FrankLaRue,AftertheConclusionofHisVisittotheRepublicofKorea,United
NationsOfficeoftheHighCommissionerforHumanRights,May17,2010,http://bit.ly/9JplWa;ChicoHarlan,InS.Korea,a
shrinkingspaceforspeech,WashingtonPost,December22,2011,http://www.washingtonpost.com/world/asia_pacific/ins
koreaashrinkingspaceforspeech/2011/12/21/gIQAmAHgBP_story.html;ReportersWithoutBorders,InternetEnemiesReport
2012(Paris:ReportersWithoutBorders,March12,2012),http://en.rsf.org/IMG/pdf/rapportinternet2012_ang.pdf;Irene
Khan,StatementbyIreneKhan,AmnestyInternationalSecretaryGeneral,ontheCompletionofHerVisittoSouthKorea,
AmnestyInternational,November24,2009,http://www.amnesty.org/en/library/asset/ASA25/013/2009/en/81c8df37c1d9
4d49aa8c825cd7ce9203/asa250132009en.pdf.
2
SanghunChoe,SouthKoreanCourtRejectsOnlineNameVerificationLaw,NewYorkTimes,August23,2012,
http://www.nytimes.com/2012/08/24/world/asia/southkoreancourtoverturnsonlinenameverificationlaw.html.
3
TheNationalElectionCommissionformerlyappliedlegalprovisionsbanningthedisplayanddistributionofelectionrelated
paraphernaliafor180daysbeforeelectionstoonlinecontent,withpenaltiesofupto2yearsimprisonmentorafineofupto
KRW4million(US$3,500).See,YeonOkLee&HanWooPark,ECampaigningVersusthePublicOfficialElectionActinSouth
Korea:Causes,ConsequencesandImplicationsofCyberExile,AslibProceedings65(4),2013,388405.
4
HyungJinKim,SouthKoreaSpyScandal:SpiesCaughtinWebsitePostsEmbarrassNationalIntelligenceService,Huffington
Post,May13,2013,http://huff.to/17lSaGj.
5
YonhapNewsAgency,(2ndLD)ParkAppointsFormerVeteranLawmakerasCommunicationsCommissionChief,Yonhap
News,March24,2013,http://bit.ly/16DpUAk.
SOUTH KOREA

In another negative development, opposition lawmaker Roh Hoe-chan lost his seat in the National
Assembly after the Supreme Court convicted him of publishing online the full names of seven
prosecutors implicated in wiretapped conversations exposing political corruption in August 2005,
although the content was already in the public domain. Roh discussed the names in public before
posting them on his blog, but the sanction was only for their online publication.6
Political tensions with North Korea are a significant motivation for online restrictions, and the
government said it had traced a series of high-profile March 2013 cyber-attacks on major
institutions to Pyongyang, the capital of the communist North. A handful of prosecutions against
users who post pro-North Korean content online are ongoing.7 One Twitter user, for example, is
appealing a November 2012 suspended 10 month prison term for reposting tweets from North
Korea in 2011.
OBSTACLES TO ACCESS
South Korea is one of the most wired countries in the world, for both usage and connection speed.
Approximately 84 percent of South Koreans used the internet in 2012.8 Counting access via mobile
phones, televisions, and game consoles, an estimated 97 percent of households had access as of June
2012.9
Several factors have contributed to the countrys high degree of connectivity. First, high-speed
access is relatively affordable. Most residences have connections capable of reaching 100 Mbps for
under KRW 30,000 ($26) per month.10 Second, the population is densely concentrated in urban
areas. Roughly 70 percent of South Koreans live in cities dominated by high-rise apartment
buildings that can easily be connected to fiber-optic cables.11 Finally, the government has
implemented programs to expand internet access, including subsidies for low-income groups.12 A
series of state-led initiatives have been implemented since the 1990s, including Cyber Korea 21
6
DavidMcNeillandDonaldKirk,TaxEvasion,BriberyandPricefixing:HowSamsungBecametheGiantthatAteKorea,The
Independent,February25,2013,http://www.independent.co.uk/news/world/asia/taxevasionbriberyandpricefixinghow
samsungbecamethegiantthatatekorea8510588.html.
7
SeokAhn,11OnlineNorthKoreanSympathizersArrested.5TimesMoreSocialNetworkingAccountsBlocked[forViolating
theNationalSecurityAct]OverthePastYear(inKorean),SeoulShinmun,May18,2012,
http://www.seoul.co.kr/news/newsView.php?id=20120518011015;JunheePark,ViolationoftheNationalSecurityActin
increase.Already70CasesintheFirstHalfoftheYear[inKorean],MunhwaIlbo,July9,2012,
http://www.munhwa.com/news/view.html?no=2012070901071027216002.
8
9
SouthKoreahasconsistentlyledthe34membersoftheinternationaltradegrouptheOrganizationforEconomicCo
operationandDevelopmentforinternetaccesssince2000.OrganizationforEconomicCooperationandDevelopment,
HouseholdswithAccesstotheInternetinSelectedOECDCountries,
http://www.oecd.org/sti/ieconomy/Final_6.b_Internet%20Households_2012.xls.
10
JohnD.Sutter,WhyInternetConnectionsAreFastestinSouthKorea,CNNTech,March31,2010,
http://articles.cnn.com/20100331/tech/broadband.south.korea_1_broadbandplansouthkoreabroadband
internet?_s=PM:TECH.ThefigureswerestillcurrentasofApril2013.
11
J.C.Herz,TheBandwidthCapitaloftheWorld,Wired,August2002,
http://www.wired.com/wired/archive/10.08/korea.html?pg=1&topic=&topic_set.
12
Sutter,WhyInternetConnectionsAreFastestinSouthKorea.
SOUTH KOREA

(19992002), the e-Korea Vision 2006 (20022006), and the U-Korea Master Plan (20062010).
Cyber Korea 21 was well received by the Korean public, partly because a foundation of computermediated communications had already been laid with a pre-internet, text-based online
communication known as PC tongshin (communication).
Mobile phone penetration was at 110 percent in 2012a sign that many users have more than one
device.13 Smartphone users represented 62 percent of all mobile subscribers as of 2012.14 Wi-Fi
coverage has also increased rapidly to accommodate smartphones and tablet computers. Free Wi-Fi
services are offered in over 1,000 public spaces across the country, including train stations,
airports, libraries, national public hospitals, community centers, and selected tourist spots.15
Omnipresent and affordable cybercafs have helped prevent a digital divide in South Korea. Known
as PC bang (rooms), many offer broadband access for approximately $1 per hour, and also serve
as venues for social interaction and online gaming. There is no significant gap in access to ICTs with
respect to gender or income level, although differences in computer literacy across generational
and professional lines persist.16
The telecommunications sector in South Korea is relatively diverse and open to competition, with
118 internet service providers (ISPs) operating as of February 2013.17 Nevertheless, the market
remains dominated by three companies: Korea Telecom (44 percent), SK Telecom (24 percent),
and LG Telecom (15 percent). The same firms control equivalent shares of the countrys mobile
phone service market, at 31 percent, 50 percent, and 19 percent respectively.18 All three
companies are publicly traded (Korea Telecom was state-owned until privatization in 2002), but
they are part of the countrys chaebollarge, family-controlled conglomerates connected to the
political elite, often by marriage ties.19 This has given rise to speculation that favoritism was at play
in the privatization process and in the selection of bidders for mobile phone licenses.20
The conservative Lee Myung-bak government, which was in power from February 2008 to
February 2013, restructured regulatory institutions dealing with ICTs. The ministry of information
and communication and the Korean Broadcasting Commission merged to create the KCC in
February 2008, tasked with overseeing both telecommunications and broadcasting to improve
13
KoreaCommunicationsCommission,WireandWirelessCommunicationServiceSubscribersin2012[inKorean],ITStatistics
ofKorea,March5,2013,http://www.itstat.go.kr/board/boardDetailView.htm?identifier=02008130306
000001&pub_code=5&page=1.
15
JungyunKwon,FreeWiFiNowOfferedatPublicAreasNationwide,Korea.net,July25,2012,
http://www.korea.net/NewsFocus/SciTech/view?articleId=101482.
16
NationalInformationSocietyAgency,The2011DigitalDivideIndex[inKorean],
http://www.itstat.go.kr/board/boardDetailView.htm?identifier=02008120309000001&pub_code=7&page=1.
17
KoreaInternet&SecurityAgency,ISPStatistics[inKorean],accessedApril7,2013,
http://isis.kisa.or.kr/sub01/?pageId=010302.
18
KoreaCommunicationsCommission,WireandWirelessCommunicationServiceSubscribersin2012.
19
HyeokcheolKwon,IsChojoongdongOneBigFamily?[inKorean],Hankyoreh,July29,2005,
http://www.hani.co.kr/kisa/section002009000/2005/07/002009000200507291742668.html.
20
HyunahKim,KMICriticizesSelectionCriteriaforthe4thMobileOperatorandSendsOutOpenInquiry[toKCC][inKorean],
eDaily,February18,2013,http://bit.ly/1fXe7y8.
14
SOUTH KOREA

policy coherence.21 The KCC consists of five commissioners, with the president appointing two
(including the chairman) and the National Assembly choosing the remainder. The KCC struggled to
earn credibility, as its first chairman Choi See-joong was a close associate of then-president Lee,
causing some observers to view the restructuring as a government effort to tighten control over the
media and ICT sectors.22 Lee reappointed Choi as chairman in March 2011 over the objections of
opposition lawmakers, who said that Chois personnel choices politicized the agency and that his
licensing decisions favored conservative-leaning media outlets. In January 2012, Choi resigned after
prosecutors began investigating him in connection with several bribery scandals, including
allegations that his former aide received nearly KRW 200 million ($175,400) in bribes from the
Korea Broadcasting and Art School in return for business favors.23 Choi was arrested in April 2012
on charges of accepting KRW 800 million ($701,700) from a real estate developer in return for
influence peddling. He was sentenced to two and a half years in prison and a fine of KRW 600
million ($526,300) in September 2012.24 However, Lee issued 55 pardons marking the end of his
term in January 2013, including Choi and other political allies.25
In March 2013, the new president Park Geun-hye missed an opportunity to distance herself from
this history of cronyism, naming her close aide and former four-term lawmaker Lee Kyeong-jae to
head the KCC.26 Park also transferred the KCCs policy and strategy-related responsibilities to the
new Ministry of Science, ICT & Future Planning. The KCC retains its regulatory remit.
LIMITS ON CONTENT
South Korean censors blocked or deleted more than 57,000 sites or web pages in 2012, according
to official figures. Law professor Park Kyung Sin, himself a member of the commission responsible
for censorship, saw his own conviction and fine for re-posting censored content on his personal
blog overturned in July 2012, while a Twitter user who criticized the ruling party in 2011 also saw
his fine overturned under a revised interpretation of election laws. During the coverage period,
these looser rules allowed online campaigning, diversifying discourse and encouraging the growth
of online platforms ranging from independent, not-for-profit news outlets to far-right political
forums.27 In a first for South Korea, however, intelligence agents are currently under investigation
21
JongSungHwang&SanghyunPark,RepublicofKorea,inDigitalReviewofAsiaPacific20092010(London:Sage
Publications,2009),234240.
22
JinamKang,WhosWhoBehindLeeMyungbak:ChoiSeejoongtheChairmanoftheKCC(Appointed)[inKorean],
Shindonga(583,2008),4849,
http://shindonga.donga.com/docs/magazine/shin/2008/04/12/200804120500019/200804120500019_1.html.
23
YonhapNewsAgency,ExaideofKCCChiefUnderBriberyProbe,TheKoreaHerald,January4,2012,
http://www.koreaherald.com/national/Detail.jsp?newsMLId=20120103000879;TaegyuKimandJunbeomHwang,ChoiSee
joongsProtgJeongYongukBagsaHugeBribeandFleestoCanada?[inKorean],Hankyoreh,January3,2012,
http://www.hani.co.kr/arti/society/society_general/513250.html.
24
RahnKim,PresidentsMentorgetsPrisonTerm,TheKoreaTimes,September14,2012,
http://www.koreatimes.co.kr/www/news/nation/2012/09/117_119968.html.
25
BBC,SouthKoreanPresidentIssuesControversialPardons,BBCNews,January29,2013,
http://www.bbc.co.uk/news/worldasia21241376.
26
YonhapNewsAgency,(2ndLD)ParkAppointsFormerVeteranLawmaker.
27
JamesPearson,ConservativesGoontheOnlineOffensive,YonhapNews,April30,2013,
http://english.yonhapnews.co.kr/n_feature/2013/04/29/45/4901000000AEN20130429006500315F.HTML;SeunghyeYim,
SOUTH KOREA

for manipulating political discussion online under false IDs in advance of the December 2012
presidential election.
Although South Korean cyberspace is vibrant and creative, there are a number of restrictions on the
free circulation of information and opinions. Technical filtering of websites and social media
accounts and the administrative deletion of content are particularly evident. Technical filtering of
blacklisted URLs focuses on content produced by, or otherwise sympathetic to, the North Korean
regime. A series of tests conducted in 2008 and 2010 by the OpenNet Initiative found that a
significant number of websites containing North Korean propaganda or writings promoting
reunification of the two Koreas were explicitly and consistently blocked in South Korea.28 The
justification provided is that these violate the 1948 National Security Act, which classifies content
that praises, promotes, and glorifies North Korea as illegal information.
Censorship is carried out on the orders of the Korea Communications Standards Commission
(KCSC), which was established in 2008 to maintain ethical standards in broadcasting and internet
communications. Technically an independent statutory organization, its nine members are
appointed by the president.29 Observers criticize its vaguely defined standards and wide
discretionary power to determine what information should be censored.30
A KCSC member outlined the censorship process for Freedom House.31 A team of 20 to 30
monitoring officers flag possible offenses, including obscenity, defamation, and threats to national
security. Citizens can also submit individual petitions against content they believe has violated their
privacy or harmed their reputation, or directly request service providers to temporarily remove the
content in question for 30 days, effective immediately, under Article 44(2) of the Information and
Communications Network Act. Commissioners meet every two weeks to deliberate over flagged
casesthe minutes of which are available on the KCSC website32and then make
recommendations to bulletin board operators or ISPs to implement corrective measures such as
deletion or blocking designated URLs. Such recommendations are not legally binding, but
noncompliant service providers face potential sanctions under Comprehensive Measures on
Internet Information Protection issued by the KCC in 2008, so practically all providers conform.
Some service providers and websites institute their own registration or content monitoring policies
so as to preempt KCSC intervention, though no comprehensive data about the extent of these
voluntary practices is available.
OnlineCommunitiesKeepPoliticiansSquirming,JoongangIlbo,March16,2013,
http://www.joongang.ca/bbs/board.php?bo_table=g900t400&wr_id=29.
28
OpenNetInitiative,CountryProfile:SouthKorea,August6,2012,http://opennet.net/research/profiles/southkorea.
29
Sixmembersarenominatedbythepresidentandthepartywithaparliamentarymajority,whilethreearenominatedbythe
opposition.JeonghwanLee,APrivateOrganizationUnderthePresident?TheKCSCsStructuralIrony[inKorean],Media
Today,September14,2011,http://www.mediatoday.co.kr/news/articleView.html?idxno=97350.
30
JillianYorkandRaineyReitman,InSouthKorea,theOnlyThingWorseThanOnlineCensorshipisSecretOnlineCensorship,
ElectronicFrontierFoundation,September6,2011,https://www.eff.org/deeplinks/2011/08/southkoreaonlythingworse
onlinecensorship.
31
AuthorsinterviewwithParkKyungSin,oneoftheninemembersoftheKCSC,April4,2013.
32
Availableathttp://www.kocsc.or.kr/02_infoCenter/Records_List.php[inKorean].
SOUTH KOREA

The KCSC publishes quarterly statistics of content filtered or deleted.33 These figures have shot up
since 2008, its first year of operation, when it reported blocking 4,731 websites or pages,34 and
deleting another 6,442.35 In 2012, it blocked 39,296 websites or pages and deleted 17,827.36 The
trend continued in the first quarter of 2013, when 11,396 items were blocked and 5,717 items
were deleted.37 Offenses cited for the censorship included encouraging gambling, illegitimate
food and medicine, prostitution and obscenity, violating others rights, and violating other
laws and regulations, the category that encompasses North Korean sympathies.
In 2011, law professor Park Kyung Sin, one of the KCSCs nine members, challenged the
institutions criteria by posting some censored contentsuch as non-sexual images of human
genitaliaon his personal blog for public discussion.38 Fellow KCSC members began evaluating his
blog for deletion and Park subsequently took the pictures down, but prosecutors indicted him for
possible violation of obscenity laws in February 2012.39 The court fined Park KRW 3 million
($2,630) in July, but a higher court cleared him on appeal in October.40 The prosecution has
appealed to the Supreme Court and the case is currently being heard. Parks blog is still available,
and he continues to advocate publicly for freedom of expression.41
Park told Freedom House a major cause for concern is that authors of blocked or deleted content
are never notified of the commissions decision, nor given an opportunity to defend their right to
publish. While they can challenge the commission directly if they learn about a ruling, there is no
independent avenue for appeal. This allows the KCSC to make politically, socially, and culturally
motivated judgments, often lacking legal grounds. In many cases, the KCSC blocks entire blogs,
though only a small portion of posts are considered to be problematic. All this has contributed to an
atmosphere of self-censorship, particularly on topics related to North Korea.
33
Availableathttp://www.kocsc.or.kr/02_infoCenter/info_Communition_List.php[inKorean].
3,816forencouraginggambling,549fordisturbingsocialorder,and366forobscenity.
35
3,238fordisturbingsocialorder,1,460forobscenity,1,201forviolatingothersrights,424forviolence,crueltyand
hatred,and119forencouraginggambling.
36
Amongthoseblocked,18,971wereforencouraginggambling,13,065forillegitimatefoodandmedicine,5,600for
prostitutionandobscenity,962forviolatingothersrights,and698forviolatingotherlawsandregulations.Amongthose
deleted,6,908wereforillegitimatefoodandmedicine,5,481forprostitutionandobscenity,3,910forviolatingotherlaws
andregulations,920forencouraginggambling,and608forviolatingothersrights.
37
Amongthoseblocked,6,621wereforencouraginggambling,2,875forillegitimatefoodandmedicine,1,179for
prostitutionandobscenity,412forviolatingotherlawsandregulations,and309forviolatingothersrights.Amongthose
deleted,2,464wereforviolatingotherlawsandregulations,1,665forillegitimatefoodandmedicine,902forprostitution
andobscenity,377forviolatingothersrights,and309forencouraginggambling.
38
R.JaiKrishnaandEvanRamstad,OffensiveWebContentTargetedinAsia,TheWallStreetJournal,December6,2011,
http://online.wsj.com/article/SB10001424052970204770404577082080244171866.html;YorkandReitman,InSouthKorea,
theOnlyThingWorseThanOnlineCensorship.
39
EvanRamstad,ProsecutorsTargetCensorshipCritic,TheWallStreetJournal,March8,2012,
http://blogs.wsj.com/korearealtime/2012/03/08/prosecutorstargetcensorshipcritic/.
40
JeonginYou,ProfessorParkKyungSinNotGuiltyinanAppellateCourt.APromisingRulingforFreedomofExpression[in
Korean],KyunghyangShinmun,October18,2012.http://bit.ly/RFfmnp.
41
K.S.ParksWritings(blog),http://blog.naver.com/kyungsinpark.
34
SOUTH KOREA

In 2011, the KCSC sought to expand the scope of censorship to social networking sites, mobile
phone applications, and podcasts.42 The commission created a team to systematically monitor social
media and communication apps, such as Twitter and Facebook, for violations. Since selectively
deleting posts is more challenging on social media than from static websites and blogs, the KCSC
warns users to voluntarily delete posts containing false or harmful information. If they refuse, the
commission can ask ISPs to block other users from accessing the disputed account altogether.43
Social media cases amount roughly to 5 percent of the total considered by the KCSC, according to
Park.
They sometimes lack tolerance for government criticism. In May 2011, the KCSC ordered the
blocking of Twitter account @2MB18nomA, consisting of former President Lees nickname
2MB and a phonetic reference to a common Korean curse word.44 After the KCSC rejected an
appeal challenging the block, the user turned to the Seoul Administrative Court, but lost his case in
May 2012.45 He was also fined KRW one million ($877) for violating the election law through
tweets posted in May 2011 criticizing the ruling party. That decision was overturned, however,
when he successfully appealed in March 2012. 46
That success was the result of a change in restrictions on online expression surrounding elections in
South Korea, which observers have criticized as more stringent than in other democracies.47 Article
93(1) of the Public Official Election Act, adopted to ensure fair electoral competition, prohibits
individual voters from distributing or displaying an advertisement, letter of greeting, poster,
photograph, document, drawing, printed matter, audio tape, video tape, or the like during the
180 days prior to election day if it contains an endorsement of or opposition to a candidate or a
political party. The National Election Commission (NEC) has historically applied this to blog posts,
user comments on news websites, and user-generated content in social media, and could demand
that websites or blog-hosting services remove such postings. However, the Constitutional Court
ruled that interpretation was unconstitutional in December 2011.48 The NEC allowed online
campaigning as of January 13, 2012.49
42
MattBrian,SouthKoreaMayBeginCensoringSocialNetworking,MobileAppsfromNextWeek,TheNextWeb,December
1,2011,http://thenextweb.com/asia/2011/12/01/southkoreamaybegincensoringsocialnetworkingmobileappsfrom
nextweek/.
43
InterviewwithKyungSinPark.Seealso,JihyunCho,CriticismEscalatesOverSNSCensorship,TheKoreaHerald,January29,
2012,http://www.koreaherald.com/business/Detail.jsp?newsMLId=20120129000285.
44
Harlan,InS.Korea,AShrinkingSpace.Seealso,LouisaLim,InSouthKorea,OldLawLeadsToCrackdown,NationalPublic
Radio(NPR),December1,2011,http://www.npr.org/2011/12/01/142998183/insouthkoreaoldlawleadstonewcrackdown.
45
JeongminYang,OwneroftheTwitterIDCursingMBLosthisCase,ButWhy?[inKorean],MoneyToday,May4,2012,
http://www.mt.co.kr/view/mtview.php?type=1&no=2012050407583397741&outlink=1.
46
SeungmoKim,PostingonTwitteraListofCandidatestobeRejectedisNotIllegal,SaysCourt[inKorean],TheLawTimes,
March20,2012,http://www.lawtimes.co.kr/LawNews/News/NewsContents.aspx?serial=63156.
47
LeeandPark,ECampaigningVersusthePublicOfficialElectionAct.
48
YonhapNewsAgency,ConstitutionalCourtOKsTwitterforElectionCampaigns,TheKoreaTimes,December29,2011,
http://www.koreatimes.co.kr/www/news/nation/2011/12/113_101835.html;AkiraNakano,S.KoreaAllowsCampaigningon
SocialNetworkingSites,TheAsahiShimbun,December30,2011,http://ajw.asahi.com/article/asia/AJ201112300023.
49
AgenceFrancePresse,S.KoreaLiftsBanonInternetforElectioneering,AsiaOne,January13,2012,
http://www.asiaone.com/News/Latest%2BNews/Science%2Band%2BTech/Story/A1Story20120113321714.html;YonhapNews
Agency,ElectionRegulatorAllowsInternetElectionCampaigns,TheKoreaTimes,January13,2012,
http://www.koreatimes.co.kr/www/news/nation/2012/01/311_102798.html.
SOUTH KOREA

Perhaps the most troubling development stemming from this change came the following year when
lawmakers revealed a National Intelligence Service (NIS) agent had published online comments
under some 40 different IDs in an effort to influence the December 2012 presidential election. In
March 2013, the main opposition party claimed that this manipulation extended to many more NIS
agents and implicated NIS Director Won Sei-hoon.50 In June 2013, Won was indicted on charges of
interfering in the election.51 The prosecution said he also attempted to influence earlier elections in
favor of the ruling conservative party.52
While the overall media environment is partly restricted,53 South Koreans continue to
enthusiastically embrace online technology for civic engagement and political mobilization. In early
2012, journalists launched a series of strikes against government interference and censorship for the
first time since the countrys transition to democratic rule in 1987.54 Born out of this was a variety
of alternative and activist media outlets on the internet. The most thriving example is Newstapa, a
user-funded investigative journalism platform, which reported over 28,000 regular donors and
almost six million views of its YouTube content in April 2013. Filmmakers have also successfully
solicited funding via social media for socially conscious films, such as 26 Years, about the military
crackdown on a democratic uprising in the southwestern city of Gwangju in 1980which topped
the box office in November 201255and Another Family, which documents poor working
conditions in Samsung semiconductor factories, and is due for release in late 2013.

The years most positive development for ICT users came in August 2012, when the Constitutional
Court ruled South Koreas historically stringent internet real-name registration requirements
violated the constitution. Website administrators are now banned from collecting national
identification numbers, except where doing so is mandated by another law such as the Public
Official Election Act and the Children and Youth Protection Act. It is not clear whether the courts
ruling will also apply to mobile service providers, who still register customers and provided
personal information to law enforcement agencies on 395,061 occasions in the first half of 2012,
according to official statistics. As in past years, internet users were prosecuted for online activity.
Twitter user Park Jung-geun is appealing a November 2012 suspended sentence for re-posting
50
YonhapNewsAgency,LawmakerAccusesSpyAgencyChiefofInterveninginPolitics,YonhapNews,March18,2013,
http://english.yonhapnews.co.kr/northkorea/2013/03/18/0401000000AEN20130318006200315.HTML;ChangsupLee,
NationalIntelligenceServiceNeedsOverhaul,TheKoreaTimes,March28,2013,
http://www.koreatimes.co.kr/www/news/opinon/2013/03/298_132922.html.
51
ChicoHarlan,InSouthKoreasLatestControversies,SpyAgencyTakesaLeadingRole,WashingtonPost,July6,2013,
http://www.washingtonpost.com/world/asia_pacific/insouthkoreaslatestcontroversiesspyagencytakesaleading
role/2013/07/06/8b610c74e3ca11e2aef3339619eab080_story.html.
52
DonghyunLee,WonSeihoonOrderedOperationsAgainstOppositionCandidatesinEveryElection,SaysProsecution[in
Korean],JoongangIlbo,June6,2013,http://media.daum.net/issue/438/newsview?issueId=438&newsid=20130606003705675.
53
FreedomHouse,FreedomofthePress2012SouthKorea,http://www.freedomhouse.org/report/freedom
press/2012/southkorea.
54
NoNewsisBadNews:ReportersComplainofBeingMuzzled,Economist,March3,2012,
http://www.economist.com/node/21549008.
55
ErikaKim,26YearsTopsBoxOfficeinItsFirstWeekend,enewsworld,December3,2012,
http://enewsworld.interest.me/enews/contents.asp?idx=22873.
SOUTH KOREA

content from a North Korean Twitter account, and lawmaker Roh Hoe-chan was ousted in 2013
following a criminal conviction for exposing political corruption online. Another continuing trend
was extensive cyber-attacks that crippled broadcast agencies and financial institutions, exposing
millions of subscribers to possible fraud.
The South Korean constitution guarantees freedom of speech, the press, assembly, and association
to all citizens, but it also enables restrictions by stating that neither speech nor the press may
violate the honor or rights of other persons nor undermine public morale or social ethics. South
Korea has an independent judiciary and a national human rights commission that have made
decisions upholding freedom of expression. Nonetheless, the continued prosecution of internet
users for online activities has generated a chilling effect and international criticism.56
Several laws restrict freedom of expression in traditional media, as well as online. The 1948
National Security Act allows prison sentences of up to seven years for praising or expressing
sympathy with the North Korean regime. In April 2010, the Ministry of Unification issued a notice
reminding citizens that the 1990 Act on Exchanges and Collaboration Between South and North
Korea applies to online communications as well as offline,57 and that any visit to websites or pages
maintained by people of North Korea must be reported to the government in advance.58 Anyone
failing to do so faces a fine of up to KRW 1 million ($878).
National security prosecutions against individuals expressing North Korean sympathies increased
while the previous conservative government was in power. Those stemming from online
communications rose from 5 in 2008 to 82 in 2010, a trend which looks set to continue.59 In
September 2011, police raided the studio of photographer Park Jung-geun after he retweeted posts
from a North Korean Twitter account (@uriminzok).60 Park said his reposts made fun of the
regime. Nevertheless, police interrogated him five times and in January 2012, jailed him for one
month before releasing him on bail. A court sentenced him to a suspended 10-month prison term in
November 2012, and he is currently appealing his conviction in a higher court.61
56
LaRue,FullTextofPressStatement.
MinistryofUnification,NoticeontheUseofNorthKoreanInternetSites[inKorean],April8,2010,
http://www.unikorea.go.kr/CmsWeb/viewPage.req?idx=PG0000000346&boardDataId=BD0000186451&CP0000000002_BO000
0000033_Action=boardView&CP0000000002_BO0000000033_ViewName=board/BoardView&curNum=12.
58
Suchreportsaretobemadethroughanonlinesystemathttp://www.tongtong.go.kr/.
59
SanghunChoe,Sometimes,ItsaCrimetoPraisePyongyang,NewYorkTimes,January5,2012,
http://www.nytimes.com/2012/01/06/world/asia/06ihtkorea06.html?pagewanted=all;Ahn,11OnlineNorthKorean
SympathizersArrested[inKorean];Park,ViolationoftheNationalSecurityActinIncrease[inKorean];Amnesty
International,RepublicofKorea,AmnestyInternationalReport2013:TheStateoftheWorldsHumanRights,
http://files.amnesty.org/air13/AmnestyInternational_AnnualReport2013_complete_en.pdf,150152.
60
Lim,InSouthKorea,OldLawLeadsToNewCrackdown;SanghunChoe,SouthKoreanLawCastsWideNet,Snaring
SatiristsinaHuntforSpies,NewYorkTimes,January7,2012,http://www.nytimes.com/2012/01/08/world/asia/southkorean
lawcastswidenetsnaringsatiristsinahuntforspies.html?pagewanted=1&_r=1;AgenceFrancePresse,AmnestyUrges
ReleaseofS.KoreanTwitterUser,GoogleNews,February1,2012,http://bit.ly/1dSvfTA.
61
PaulaHancocks,SouthKoreanJokeMayLeadtoPrison,CNN,July4,2012,
http://edition.cnn.com/2012/07/03/world/asia/southkoreanorthjoke/index.html;SanghunChoe,SouthKoreanGets
SuspendedSentenceinTwitterCase,NewYorkTimes,November21,2012,
http://www.nytimes.com/2012/11/22/world/asia/southkoreanmangetssuspendedsentencefortweets.html.
57
SOUTH KOREA

More prosecutions could result from a cyber-attack allegedly orchestrated by the transnational
hacking collective Anonymous, who released details of over 15,000 subscribers of North Korean
government websites and social media accounts in April 2013. South Korean law enforcement
agencies used the data to investigate citizens violating South Korean law, but many of the
subscribers used false names, news reports said.62
Within South Korea, such pseudonymous registration has been compromised by the infamous
internet real-name system adopted in 2004 as part of an amendment to the Public Official
Election Act.63 Users were required to verify their identities by submitting their Resident
Registration Numbers (RRNs) to join and contribute to web portals and other major sites. An RRN
is a 13-digit number uniquely assigned to a Korean citizen at birth. In 2007, the real-name system
was expanded to apply to any website with more than 100,000 visitors per day under Article 44(5)
of the Information and Communications Network Act.
Beyond its chilling effect for online expression, the risk of such widespread real-name registration
became evident in July 2011 when a cyberattack, allegedly originating from China, targeted the
popular portal Nate and its social networking service Cyworld. The hackers reportedly stole the
personal details of 35 million users, equivalent to 70 percent of the countrys total population. The
stolen data included users real names, passwords, RRNs, mobile phone numbers, and e-mail
addresses. The portals parent company, SK Communications, said RRNs and passwords were
encrypted,64 but the incident renewed public concern about internet users right to privacy.65
In August 2012 the Constitutional Court ruled against the internet real-name system, citing
vulnerability to cyberattacks, among other factors.66 As of February 18, 2013, website
administrators are prohibited from collecting users RRNs, and required to destroy those already
on record by 2014.67 Although much welcomed, this ruling does not entirely abolish real-name
registration. The recently amended Children and Youth Protection Act, for example, enhanced the
requirements for online identity verification from September 2012 to protect young people online
(RRNs contain digits from the users birth date that reveal their age).68 Some companies use other
methods for linking users identities to their online profiles, and the KCC is also exploring
registration options beyond RRNs, such as Internet Personal Identification Numbers (i-PINs),
62
ChosunIlbo,MoreDetailsofN.KoreanWebsiteSubscribersReleased,ChosunIlbo,April8,2013,
http://english.chosun.com/site/data/html_dir/2013/04/08/2013040801418.html.
63
TheamendmentbecameArticle82,Provision6.
64
Nate,CyworldHackStoleInformationFrom35MillionUsers:SKoreaOfficials,HuffingtonPost,July28,2011,
http://www.huffingtonpost.com/2011/07/28/southkoreanatecyworldhackattack_n_911761.html.
65
EricPfanner,NamingNamesontheInternet,NewYorkTimes,September4,2011,
http://www.nytimes.com/2011/09/05/technology/namingnamesontheinternet.html.
66
ParkKyungSin,KoreanInternetIdentityVerificationRuleStruckDownUnconstitutional;12HighlightsoftheJudgment,K.S.
ParksWritings(blog),August25,2012,http://blog.naver.com/kyungsinpark/110145810944.
67
YunjiKang,HideyourRRNAway!BanonOnlineCollectionofUserRRNs[inKorean],SympaKorea,February21,2013,
http://reporter.korea.kr/reporterWeb/getNewsReporter.do?newsDataId=148755878.
68
KibonLee,EffectivefromSeptember16,2012,theNewYouthProtectionLaw[inKorean],PolinLove(PoliceAgency
officialblog),September3,2012,http://polinlove.tistory.com/4371;YooEunLee,SouthKorea'sChildPornLawBlastedfor
RestrictingFreedomofExpression,GlobalVoicesOnline,May24,2013,http://globalvoicesonline.org/2013/05/24/south
koreaschildpornlawblastedforrestrictingfreedomofexpression/.
SOUTH KOREA

authenticated certificates, and SMS verification. In the meantime, mobile service providers still
require users to provide their RRNs.
Service providers are expected to make individual users personal information available on request
to investigative agencies, including police, prosecutors, and the National Intelligence Service, under
Article 83(3) of the Telecommunications Business Act. According to KCC statistics,69 mobile
phone operators fulfilled 395,061 such requests in the first half of 2012, a 21 percent increase over
the number they executed during the same period in 2011.70 The KCC has not published more
recent data.
Defamation, including written libel and spoken slander, is a criminal offense in South Korea
punishable by up to five years imprisonment or a fine of up to KRW 10 million ($8,800), whether
the contested statement is true or not; insults are punishable by a maximum KRW 2 million
($1,751) fine or a prison sentence of up to one year. Defamation committed via ICTs draws even
heavier penaltiesseven years in prison or fines of up to KRW 50 million ($43,900)under the
2005 Information and Communications Network Act, which cites the faster speed and wider
audience of online communication as a basis for the harsher sentencing.71
In February 2013, Roh Hoe-chan, a lawmaker from a minor opposition party, lost his seat in the
National Assembly after being convicted in the Supreme Court for publishing wiretapped
conversations online in 2005 in violation of the 1993 Protection of Communications Secrets Act.
The conversations, illegally recorded by intelligence agents in the 1990s, documented
representatives of The Samsung Group paying regular bribes to prosecutors, politicians, and
presidential candidates. The Supreme Court explained its ruling against Roh by stating, the
internet delivers unfiltered information to the public, while the media select what to publish with
responsibility.72 Observers noted that the conviction appeared to have been pushed through in
advance of pending revisions to the 1993 Act, which may have led to a different outcome.73
A copyright law that restricts file sharing was passed in May 2009 and came into effect two months
later. Often referred to as the three strikes rule, it allows the Minister of Culture, Sports and
Tourism, acting through the Korean Copyright Commission, to shut down an entire online bulletin
board after a third warning to take down pirated content. Within a year, the ministry had issued
69
Publishedtwiceayearathttp://www.kcc.go.kr/user.do?boardId=1030&page=A02060400&dc=K02060400[inKorean].
NayoungShim,LastYear,390,000UsersSubjectedtoTelecommunicationSurveillance[inKorean],AsiaEconomy,January
9,2013,http://www.asiae.co.kr/news/view.htm?idxno=2013010813361388756.TheKCCreported326,785requestsinthefirst
halfof2011.
71
SeeArticle61:RepublicofKorea,ActonPromotionofInformationandCommunicationsNetworkUtilizationandData
Protection,etc.,AmendedDecember30,2005,http://www.worldlii.org/int/other/PrivLRes/2005/2.html.
72
TheAssociatedPress,MPLosesSeatOverSamsungWiretaps,MSNNews,February17,2013,
http://news.uk.msn.com/world/mplosesseatoversamsungwiretaps;SamByford,KoreanLawmakerwhoExposedSamsung
CorruptionForcedfromOffice,TheVerge,February15,2013,http://www.theverge.com/2013/2/15/3991338/samsungxfile
tapeslawmakerrohhoechanlosesgovernmentseat.
73
YonhapNewsAgency,SongHochang:RulingonRohHoechansCaseShouldWaitUntiltheAmendment,[inKorean],
OhmyNews,February8,2013,http://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0001832963.
70
SOUTH KOREA

over 450 warnings and disabled 11 accounts for sharing copyrighted materials.74 Internet companies
and civil liberties advocates say the law threatens fair use and free expression.75
There have been no reports of physical violence against online users. Technical violence is more
common. A notable increase in such technical disruptions in the past two years has highlighted
vulnerabilities in the countrys ICT infrastructure. Reported violations of electronic data tripled
between 2010 and 2012 from 54,832 incidents to 166,801, according to official figures.76 Whether
politically or financially motivated, these breaches affect a significant proportion of the population,
yet ordinary users are barely protected or compensated.77 Recent investigations revealed that over
15 million voters had their electronic information illegally obtained and traded for use in mobile
SMS campaigns prior to the April 2012 general election.78
Major incidents during the coverage period include a massive cyberattack against three major South
Korean banks and the countrys two largest broadcasters on March 20, 2013.79 The government
announced on April 10 that it had traced the attacks to six computers in North Korea, concluding
that the military intelligence agency in Pyongyang was responsible.80 In May 2012, the state-run
educational TV station EBS, reported hackers had accessed personal data belonging to more than
four million of its website subscribers, and one of the three telecommunication companies, KT,
estimated 8.8 million of its customers personal information was stolen between February and July.
74
Maekyeong,FirstThreestrikeoutsforHeavyUploaders,11AccountsOrderedSuspended[inKorean],MKNews,
http://news.mk.co.kr/newsRead.php?year=2010&no=596419
75
CoryDoctorow,SouthKoreaLivesintheFuture(ofBrutalCopyrightEnforcement),BoingBoing,March30,2013,
http://boingboing.net/2013/03/30/southkorealivesinthefutur.html;OpenNetKorea,InternationalHumanRights
OrganisationsinSupportfortheAbolitionoftheThreestrikeRule,OpenNetKorea,April1,2013,http://opennet.or.kr/1529.
76
StatisticsKorea,IncidentsofPersonalInformationViolation[inKorean],eNationalIndicators,accessedJuly2013,
http://www.index.go.kr/egams/stts/jsp/potal/stts/PO_STTS_IdxMain.jsp?idx_cd=1366&bbs=INDX_001&clas_div=C&rootKey=1.
48.0#.
77
SoontaekKwon,KTsPenaltyasSmallas[US$613,000]AfterHavingLostPersonalInformationof8.73MillionCustomers
[inKorean],MediaUs,December13,2012,http://www.mediaus.co.kr/news/articleView.html?idxno=30287.
78
JoonhoChoietal.,VotersPersonalInformationFloatingAroundDuringElectionsOneAgencySendsOutasManyas40
MillionTexts[inKorean],JoongangIlbo,July5,2012,
http://article.joins.com/news/article/article.asp?total_id=8665527&ctg=1200.
79
LauraSciuto,SouthKoreaHitHardbyMassiveCyberAttack,PBSNewsHourExtra,April1,2013,
http://www.pbs.org/newshour/extra/2013/04/southkoreahithardbymassivecyberattack/.
80
AgenceFrancePresse,S.KoreaprobesaysNorthbehindcyberattack,TheStraitsTimes,April10,2013,
http://www.straitstimes.com/breakingnews/asia/story/skoreaprobesaysnorthbehindcyberattackreport20130410.
SOUTH KOREA
SRI LANKA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
16
18
21
55
15
20
23
58

The cabinet expanded the application of the Press Council Act to digital media,
introducing operation fees and the threat of prosecution for website owners (see
LIMITS ON CONTENT).
Police briefly detained nine staff from two news websites; one of their colleagues
survived an apparent abduction attempt (see VIOLATIONS OF USER RIGHTS).
Select ISPs blocked three domestic Tamil-language news sites that documented antiland grab protests (see LIMITS ON CONTENT).
The exile-run TamilNet news websiteblocked since 2007withstood cyberattacks
that tried to force it offline (see VIOLATIONS OF USER RIGHTS).
Social media sites spreading anti-Muslim rumors and hate speech attracted thousands of
supporters, including top officials (see LIMITS ON CONTENT).
SRI LANKA |

INTRODUCTION
Increasing internet penetration in Sri Lanka has encouraged the development of news websites, and
more users are leveraging social media for socioeconomic and political activism. Yet the
governments efforts to regulate and punish dissenting views have undermined the internets
empowering impact.
Since coming into power in 2005, the ruling United Peoples Freedom Alliance (UPFA) has
pursued an ambitious ICT policy to improve internet access and digital literacy through
developments like the e-Sri Lanka project initiated in 2002.1 However, civil conflict with the
Liberation Tigers of Tamil Eelam (LTTE)which ended in May 2009hindered investment in the
information and communication technology (ICT) sector and expansion of the internet across the
country. In January 2007, the government made its first attempt to clamp down on internet
freedom in response to reportage on the military campaign against the LTTE and civilian
casualties.2
Content restrictions continued post-war. In 2012, a handful of Tamil news websites were blocked
and the administration extended a draconian act governing traditional news outlets to online media,
undercutting the governments own recognition of the role of ICTs in promoting access to
information. Website owners can challenge censorship at the Supreme Court, but one such petition
was rejected out of hand in May 2012. Meanwhile, officials from the highest ranks of government
openly harassed their critics. Nine website staffers were detained on charges that proved to be
spurious, while a journalist working for one of the same platforms narrowly avoided an apparent
abduction attempt. He had reason for concern. Another web journalist, Prageeth Ekneligoda, has
been missing since 2010, when colleagues believe he was abducted by government agents.
Suppressing opposition is a hallmark of the UPFA governments offline policies, too. In 2013,
parliament defied the Supreme Court to dismiss Chief Justice Shirani Bandaranayake for alleged
financial misconduct after she blocked passage of an economic development bill involving one of
President Mahinda Rajapaksas brothers.3 Sri Lanka rejected 98 out of 210 recommendations from
states participating in the United Nations Human Rights Councils Universal Periodic Review of its
human rights practices in November 2012, breaking a record for belligerenceno other
participating country has rejected more than 95. Disregarded recommendations included ensuring a
climate in which all citizens are able to freely express their opinions and beliefs, without fear of
reprisal or retribution; undertaking measures to allow access to public information, in particular
on alleged violations of human rights; and one to refrain from restricting access to and banning
websites.4
1
InformationCommunicationTechnologyAgency,Programmes,accessedJuly2013,
http://www.icta.lk/en/programmes.html.
2
TamilnetBlockedinSriLanka,BBCSinhala,June20,2007,
http://www.bbc.co.uk/sinhala/news/story/2007/06/070620_tamilnet.shtml.
3
SriLankaLawyersBoycottChiefJusticeCeremony,BBC,January23,2013,
4
LankaRejects98RecommendationsatUPR,TheSundayLeader,November5,2012,http://bit.ly/QijPB1.
SRI LANKA |

OBSTACLES TO ACCESS
Eighteen percent of the population had internet access in 2012,5 as an expanding economic sector
and growing youth population drove demand for online services. Government expenditure and
private investment in ICTs have led to the implementation of several projects for the development
of an island-wide telecommunications infrastructure.6 In July 2011, the Telecommunications
Regulatory Commission (TRC) announced plans to establish Wi-Fi zones in schools, government
buildings and public transport areas to expand access.7 A few reports in 2012 indicate some Wi-Fi
zones are now available at railway stations and other public areas.8
Internet connectivity has become more affordable in the past two years with the cheapest
broadband connections priced at just under $5 a month. Internet service providers (ISPs) lowered
monthly rates in 2011 to combat the high market price and low computer ownership that has
limited Sri Lankas broadband penetration.9 In January 2013, telecom operators welcomed a move
by the TRC to reduce a tax on broadband internet access by 50 percent.10 This has resulted in
lower monthly bills for internet subscribers and an increased customer base.11
The two largest ISPs are Dialog Axiata and Sri Lanka Telecom (SLT). SLT commands more than 50
percent of the market, and a majority of its shares is owned by the state; it also has the largest fiberoptic national backbone.12 While the broadband market is competitive, there is no legal
requirement for SLT to sell backbone access to its competitors. In contrast, Dialog Axiata has
allowed wholesale access to its backbone network.13
Sri Lankas mobile penetration was nearly 96 percent in 2012.14 Mobile broadband connections are
increasingly popular, with monthly subscriptions as low as $3 a month, and the availability of pre5
6
MinistryofFinanceandPlanning,AnnualReport2010,89,
http://www.treasury.gov.lk/reports/annualreport/AnnualReport2010eng.pdf;SriLankaDialogtoInvestUS$150mnin
Expansion,LankaBusinessOnline,February11,2011,http://www.lankabusinessonline.com/fullstory.php?nid=754125283.
7
DamithWickremasekara,LankatoGetWiFiZones,TheSundayTimes(Colombo),July31,2011,
http://sundaytimes.lk/110731/News/nws_14.html.
8
AirtelLankaPaintsTrainsandStationsRed,LankaBusinessNews,September27,2012,
http://www.lankabusinessnews.com/12.09.September/194.Airtel.html;SLRtoInstallWiFi___33inTopTenRailwayStations,
AsianMirror,September14,2012,http://www.asianmirror.lk/english/index.php/news/10163slrtoinstallwifiintop10
railwaystations.Seealso,Dialog,WiFiHotspots,accessedJuly2013,http://www.dialog.lk/personal/broadband/wifi/wifi
hotspots/.
9
RohanSamarajiva,SriLanka:LeasedLinePricestobeLoweredtoEncourageBPOBusinessandInternetUse,LirneAsia,
March9,2011,http://bit.ly/hlSXBl.
10
SriLankaReducesBroadbandTaxtoPromoteInternetUse,ColomboPage,January1,2013,
http://www.colombopage.com/archive_12B/Jan01_1357023715CH.php.
11
RukshanaRizwie,TelcosUpbeatOverLevyReduction,TheNation,January6,2013,http://www.nation.lk/edition/biz
news/item/14305telcosupbeatoverlevyreduction.html.
12
HelaniGalpaya,BroadbandinSriLanka:GlassHalfFullorHalfEmpty?(Washington,D.C.:infuse/TheWorldBank,2001),
http://www.broadbandtoolkit.org/.
13
Galpaya,BroadbandinSriLanka.
14
SRI LANKA |

paid one-time access packages. However, the high cost of internet-capable handsets hinders mobile
broadband penetration.15
With over 7.5 million subscribers,16 Dialog Axiata is also the largest mobile service provider.
Etisalat is the second largest, with 4.2 million customers,17 followed by SLT subsidiary Mobitel
with 3.8 million and Airtel-Bharti Lanka with 1.8 million.18 Hutchison Telecommunications client
base is under one million.19 In January 2013, Dialog Axiata introduced the countrys first
commercial 4G LTE broadband service.20 Other than Mobitel, which announced the launch of its
4G LTE network immediately after Dialog,21 other providers have yet to introduce 4G LTE
services.22
Low digital literacy represents a major barrier to ICT use. Although Sri Lankas literacy rate is
approximately 91 percent,23 only 20 percent of the population knows how to use a computer on
their own.24 Digital literacy is lower in rural areas where the high cost of personal computers limits
access for lower-income families, schools with digital facilities lack corresponding literacy
programs, and software is often incompatible with the Sinhala and Tamil languages. As part of the
e-Sri Lanka project, the governments Information Communication Technology Agency has sought
to address this imbalance, establishing rural community centers to promote ICT access and
services.25 The government also reported computer acquisition rates increasing faster in rural than
in urban areas between 2005 and 2009.26 Notwithstanding significant progress in building
infrastructure and implementing important e-governance projects like the Government Information
Centre, local journalists have criticized certain aspects of the development, saying high-value
contracts were awarded based on cronyism, while some facilities complained of faulty equipment.27
There were no recent reports of large-scale interruptions to connectivity during the coverage
period of this report, although they have occurred in the past. SLT temporarily severed internet
and 8,000 mobile phone connections in the predominantly Tamil-speaking north and east in 2007,
15
ZulfathSuaheed,SriLankaMobileInternetUsagePoisedforFrowth:Nielsen,LankaBusinessReport,March4,2011,
http://www.lbr.lk/fullstory.php?nid=201103041615077468.
16
UNICEFPartnersDialogonChildAbuseConcerns,TheSundayTimes,October7,2012,http://bit.ly/19cpm4o.
17
InternetDrive,LankaBusinessOnline,August21,2012,
http://www.lankabusinessonline.com/fullstory.php?nid=1005071680.
18
BandulaSirimanna,MobitelReached3.8MillionSubscribersbyNov.2010,TheSundayTimes,January9,2011,
http://sundaytimes.lk/110109/BusinessTimes/bt46.html.
19
SriLankaHutchisonUnitSubscribersDown,LankaBusinessOnline,April26,2010,
20
SriLankasDialogLaunches4GLTEservices,LankaBusinessOnline,December30,2012,
21
SriLankaMobitelLaunches4GLTE.
22
DuruthuEdirimuniChandrasekera,EtisalattoHeadStarton4G,TheSundayTimes,February10,2013,
http://www.sundaytimes.lk/130210/businesstimes/etisalattoheadstarton4g31822.html.
23
UNICEF,SriLankaStatistics,accessedJuly2013,http://www.unicef.org/infobycountry/sri_lanka_statistics.html.
24
DepartmentofCensusandStatistics,ComputerLiteracySurvey2009,
http://www.statistics.gov.lk/CLS/BuletinComputerLiteracy_2009.pdf.
25
Nenasala,EstablishmentofNenasalas,accessedJuly2013,http://www.nanasala.lk/.
26
MediaCenterforNationalDevelopmentofSriLanka,ComputerLiteracyAmongSriLankansisintheAscension,June23,
2010,http://www.development.lk/news.php?news=620.
27
ICTARespondstoBusinessTimesReportonEGovernmentProject,BusinessTimes,January6,2013,
http://bit.ly/1bmHPwO.
SRI LANKA |

then center of the conflict with the LTTE, and still a militarized zone.28 The war also caused severe
lags in infrastructure development for the northern and eastern provinces. Since its conclusion, the
government has made up some of this ground, thereby boosting the regions economic growth. The
process of development, however, has been criticized for causing issues with respect to land
ownership that threaten to further marginalize the local Tamil community.29
As a national regulatory body, the TRCs actions lack transparency and independence.30 Under the
Eighteenth Amendment of the Constitution ratified in 2011which removed term limits to the
executive presidencythe president can appoint the heads and members of all commissions,
subverting legislative guarantees for the independence of the TRC and other statutory institutions.31
Rajapaksa cemented control of the TRC by appointing his permanent secretary as its chairman.32
The TRCs interventions to restrict online content and pronouncements on strengthening online
regulation have been partisan, extralegal, and repressive.33
LIMITS ON CONTENT
In 2012, the government restricted content supporting its political opposition, instructing ISPs to
block a handful of Tamil news websites. Broader online news reporting also came under heightened
limitations. The cabinet amended a punitive Press Council Act to regulate online as well as
traditional news media, imposing costly registration and maintenance fees on website owners and
leaving them liable to prosecution for content violations. Anti-Muslim hate speech spread on social
media, apparently with the backing of top leaders, and has prompted violent attacks.
Local and international freedom of expression groups have documented dozens of websites blocked
at different times in Sri Lanka since 2007, though the interventions lack a legal framework or
judicial oversight.34 Implementation is not properly coordinated or comprehensive, with some
targeted websites available at times on one or more ISPs and at other times completely inaccessible.
Officials cite ill-defined national security measures to legitimize these measures, though websites
have been blacklisted for content including human rights issues, government accountability,
corruption and political violence. Censors have targeted the political opposition and independent
news, including Tamil websites, sites run by Sri Lankans in exile, and citizen journalism platforms,
though usually without acknowledging a political motive. The government also restricts access to
28
CuttingoffTelecomsinSriLankaRedux,Groundviews,January30,2007,http://groundviews.org/2007/01/30/cuttingoff
telecomsinsrilankaredux/.
29
M.A.Sumanthiran,SituationinNorthEasternSriLanka:ASeriesofSeriousConcerns,dbsjeyaraj,October23,2011,
http://dbsjeyaraj.com/dbsj/archives/2759.
30
UndertheTelecommunicationsActNo.21of1994,theMinisterofTelecommunicationsandInformationTechnologyhassole
discretioninissuinglicensesandimpositionoflicenseconditionsbasedontherecommendationsoftheTRC.
31
EighteenthAmendmenttotheConstitution,October2010,
http://www.priu.gov.lk/Cons/1978Constitution/18th%20Amendment%20To%20Sri%20Lanka%20Constitution%20(2).pdf.
32
DemocraticSocialistRepublicofSriLanka,StatutoryInstitutionsandMinistriesundertheExecutivePresident,accessedJuly
2013,http://www.president.gov.lk/about_presidency.php.
33
SarathKumara,SriLankangovernmentpreparesnewInternetrestrictions,WorldSocialistWebSite,February15,2010,
http://www.wsws.org/articles/2010/feb2010/slmdf15.shtml.
34
CentreforPolicyAlternatives,Chapter4:RestrictionofContentontheInternetinFreedomofExpressionontheInternet,
(November2011),http://www.scribd.com/doc/73393066/FreedomofExpressionontheInternetinSriLanka.
SRI LANKA |

pornographic websites, and police sought to ban access to pornography on mobile phones in
2009.35
In 2011, the government announced plans to introduce more comprehensive legislation to control
internet use, including the use of Facebook, ostensibly to crackdown on child abuse online.36 As of
mid-2013, none had been put forward, and officials rely on vague directives to control content. In
2011, for example, the ministry of mass media and information introduced a registration policy for
websites carrying ill-defined content relating to Sri Lanka or the people of Sri Lanka,37 a move
unsupported by law which could potentially be used to hold owners responsible for information
posted by users. Local news outlets reported in early 2012 that the ministry had rejected over 50
registrations due to false and incomplete registration details, though how they assessed the
veracity and which websites were affected remains unclear.38 And in March 2012, the defense
ministrys Media Centre for National Security directed news organizations to submit SMS news
alerts containing content related to national security and security forces for prior approval,39
shortly after coverage of the killing of three soldiers in the northern province.40 The Centre did not
outline a legal basis for the directive; SMS news alerts continue to be disseminated by news
operators, but there has been a noticeable lack of coverage of military issues.
Under the current system, state officials monitor websites for sensitive political content and direct
the TRC to blacklist them, which in turn requests ISPs to block access. They are compelled to
comply: Under the countrys telecommunications act, ISPs must apply to the ministry for mass
media and information for a license, according to specifications laid out by the TRC, who can make
recommendations regarding whether or not a license is granted; the ministry can also impose
conditions on a license, requiring the provider to address any matter considered requisite or
expedient to achieving TRC objectives.41 It is not clear if the TRC can impose other financial or
legal penalties on telecommunications companies. To date, however, no company is known to have
challenged its requests or sought judicial oversight.
It is not clear whether the government has resources to implement deep-packet inspection (DPI)
that would enable real time filtering and other, more sophisticated censorship methods. In 2010,
local news reports said IT military intelligence experts from Chinawhere such methods are wellestablishedwere assisting the government in blocking offensive websites.42 Despite anecdotal
35
IndikaSriAravinda,PoliceSeekMobilePornBan,DailyMirror,May12,2010,http://www.dailymirror.lk/news/3705police
seeksmobilepornban.html.
36
IndikaSriAravinda,GovernmenttoMonitorInternet,TheSundayLeader,December18,2011,
http://www.thesundayleader.lk/2011/12/18/governmenttomonitorinternet/.
37
WebsiteBanFurtherBroadenedonNewsDirectorGeneralNotification,LankaENews,November5,2011,
http://www.lankaenews.com/English/news.php?id=12427.
38
SulochanaPerera,FiftyWebsiteRegistrationsTurnedDown,CeylonToday,March25,2012,http://www.ceylontoday.lk/16
3899newsdetailfiftywebsiteregistrationsturneddown.html.
39
NewCensorshipofSMSNewsinSriLanka,Groundviews,March12,2012,http://groundviews.org/2012/03/12/new
censorshipofsmsnewsinsrilanka/.
40
NewCensorshipofSMSNewsinSriLanka,Groundviews.
41
CentreforPolicyAlternatives,FreedomofExpressionontheInternet(2011),30.
42
BandulaSirimanna,ChineseHereforCyberCensorship,TheSundayTimes,February14,2010,
SRI LANKA |

reports that some Sri Lankan telecoms have DPI capabilities to enhance mobile data services,
however, there is no evidence they have been used to censor content.
ISPs periodically blocked sites hosted both in and outside the country in 2012. In June, Dialog and
SLT blocked at least three domestic Tamil-language news websites without advance warning or
justification. The sites had reported on protests organized by the Tamil National Alliance, a
coalition of Tamil political parties, against alleged government-orchestrated land grabs in the north
and east.43 Without official notification of the reason for the blocks, it was not possible to confirm
whether they came in reprisal for those reports. The exile-run news website TamilNet has been
blocked since 2007 for its support of Tamil rebels. Local internet users reported it was patchily
accessible through some fixed-line and mobile broadband networks during that time.44
In July 2012, the ministry of mass media announced that it would close down all websites
engaged in mudslinging campaigns targeting politicians and other individuals.45 Rather than acting
against individual sites, however, the ministry directed the cabinet to amend the notorious Press
Council Act No.5 of 1973, making news websites subject to the same draconian content regulation
as traditional media. The act prohibits the publication of profanity, obscenity, false information
about the government or fiscal policy, and official secrets. It also allows the president-appointed
Council to impose punitive measures on the violators of its provisions, including possible
prosecution. The legislation had lain dormant under previous administrations until President
Rajapaksa reactivated it after the end of the war in June 2009. Strenuous objections from the
international freedom of expression community failed to prevent the government extending the
restrictions to digital media.46 The amendment instituted a hefty registration fee of LKR 100,000
($790), plus an annual renewal fee of LKR 50,000 ($395), costs which threaten to inhibit the
emergence of new websites and force existing ones out of operation.47 It failed to define what
constitutes news, providing leeway for authorities to scrutinize a wider range of online platforms
like blogs or social media.48
There is no independent body in Sri Lanka content providers can turn to if they are censored.
Instead, they must file a fundamental rights application with the Supreme Court to challenge
blocking or other restrictions. Lack of trust in the countrys politicized judiciary and fear of
43
ANewSpateofWebCensorshipinSriLanka?Groundviews,June26,2012,http://groundviews.org/2012/06/26/anew
spateofwebcensorshipinsrilanka/.
44
SanjanaHattotuwa,Tamilnet.comAccessibleOnceMoreinSriLankaviaSLTADSL,ICTforPeacebuilding(blog),August5,
2010,http://ict4peace.wordpress.com/2010/08/05/tamilnetcomaccessibleoncemoreinsrilankaviasltadsl/.
45
NormasPalihawadana,MudslingingWebsitesWillbeClosedGovt.,TheIsland,July3,2012,
http://www.island.lk/index.php?page_cat=articledetails&page=articledetails&code_title=55928.
46
BobDietz,DefenseToolsforSriLankasOnlineOnslaught,CPJBlog,July25,2012,http://cpj.org/blog/2012/07/defense
toolsforsrilankasonlineonslaught.php;MediaSkepticaloverPressCouncilActAmendments,IFEX,July30,2012,
http://www.ifex.org/sri_lanka/2012/08/03/press_council_act/.
47
Rs.100,000tobeChargedfromNewsWebsites,DailyMirror,July12,2012,http://www.dailymirror.lk/news/20228
cabinetapprovestoamendthepresscouncillaw.html.
48
DefiningNewsHindersWebsitesRegistration,TheNation,July15,2012,http://www.nation.lk/edition/news
online/item/8321definingnewshinderswebsitesregistration.html.
SRI LANKA |

retaliatory measures represent significant obstacles for the petitioner.49 In December 2011, one
settled out of court, agreeing to several TRC conditionssuch as removing links to blocked
contentin return for restored access.50
The absence of clear laws and conflicting official statements also complicate the process of
launching legal challenges. In November 2011, officials acknowledged blocking at least five locallyhosted news websites, including the Sri Lanka Mirror and Lanka-E-News, citing concerns about
defamation in the wake of stories about corruption and human rights violations that implicated
high-ranking officials. One official accused the sites of publishing character assassinations of the
president, while another said they were blocked for failing to register with the media ministry.51
Members of the local Free Media Movement brought a fundamental rights petition challenging the
ministrys grounds for blocking unregistered siteswhich has no legal basisbut the Supreme
Court rejected it in May 2012.52
The government actively encourages self-censorship on matters that would damage the integrity of
the island, and many mainstream news websites comply, increasing the importance of citizen
journalism and exile-run sites to the media landscape.53 Online platforms of the main state-run
newspaper and broadcasting network support the UPFA government.54 These and official
government websites have waged smear campaigns against government critics in the past.55
In early 2013, hate speech against the Muslim community spread online when a Sinhala Buddhist
extremist group gained a considerable following on social media.56 Although most of the webpages
supporting these groups have since been removed, they were critical of many Muslim practices,
some based on unfounded rumor.57 The groups violent rhetoric led to the attack of mosques and
Muslim-owned businesses, as well as isolated incidents of assault.58 No legal action was taken
49
InternationalCrisisGroup,SriLankasJudiciary:PoliticisedCourts,CompromisedRights,AsiaReportNo.172,January30,
2009,http://www.crisisgroup.org/en/regions/asia/southasia/srilanka/172srilankasjudiciarypoliticisedcourts
compromisedrights.aspx.
50
S.S.Selvanayagam,WebsitePreviouslyBlockednowPermittedtoOperatebySC,DailyFT,December16,2011,
http://www.ft.lk/2011/12/16/websitepreviouslyblockednowpermittedtooperatebysc/.
51
CharlesHaviland,SriLankablockswebsitesfor'maligning'president,BBCNews,November7,2011,
52
BobDietz,SriLankaSupremeCourtSlamsDooronWebsites,CPJBlog,May17,2012,http://cpj.org/blog/2012/05/sri
lankasupremecourtslamsdooronwebsites.php.
53
DiniduDeAlwis,MediaShouldExerciseSelfCensorship,CeylonToday,March23,2012,http://www.ceylontoday.lk/16
3780newsdetailmediashouldexerciseselfcensorshiplakshmanyapa.html.
54
NamalsDisclosureofFamilyEmbarrassment,TheIsland,December21,2011,
http://www.island.lk/index.php?page_cat=articledetails&page=articledetails&code_title=41622.
55
WorldOrganizationAgainstTorture,SriLanka:SmearCampaignAgainstMs.SunilaAbeysekara,Ms.NimalkaFernando,Dr.
PaikiasothySaravanamuttuandMr.SunandaDeshapriya,March27,2012,http://www.omct.org/humanrights
defenders/urgentinterventions/srilanka/2012/03/d21700/;CommitteetoProtectJournalists,InSriLanka,Censorshipanda
SmearCampaign,newsalert,July14,2009,http://cpj.org/2009/07/insrilankacensorshipandasmearcampaign.php.
56
SanjanaHattotuwa,AntiMuslimHateOnlineinPostWarSriLanka,February1,2013,
http://sanjanah.wordpress.com/2013/02/01/antimuslimhateonlineinpostwarsrilanka/.
57
CharlesHaviland,TheHardlineBuddhistsTargetingSriLankasMuslims,BBCNews,March25,2013,
58
Haviland,TheHardlineBuddhistsTargetingSriLankasMuslims.
SRI LANKA |

against the groups members, and prominent public officialsincluding the presidents brother,
Defense Secretary Gotabhaya Rajapaksaopenly supported them.59
Despite the restrictions, there are still diverse, accessible sources of information online in English,
Sinhala, and Tamil, including on socioeconomic and political issues. Some previously blocked
content was available in 2013, including Colombo Telegraph, a news and commentary website run by
exiled Sri Lankan journalists, which ISPs censored in 2011.60 Citizen media site Groundviews and its
sister site Vikalpa were also operating freely, despite SLT temporarily blocking them for a day in
2011. 61 The platforms report on topics that would otherwise not be covered by the mainstream
media, provide links to circumvention tools that can be used, and lobbied the United Nations
Human Rights Council to address abuses during Sri Lankas 2012 Universal Periodic Review.62
Although online content by Human Rights Watch and Transparency International has been blocked
in Sri Lanka in the past when the groups criticized the Rajapaksa administration,63 websites
belonging to international media and human rights groups were freely accessible in 2013. A handful
of popular blogs publish political content and dissenting narratives. Authorities have temporarily
blocked website domains on blog platforms in the past,64 but YouTube, Facebook, Twitter and
international blog-hosting services were accessible and widely-used for the anonymous or
pseudonymous critique of governance, development, and human rights abuses in 2013.

Sri Lankan authorities have a poor record of abusing vaguely worded laws to imprison or harass
legitimate content producers, and arrested nine website staff in 2012 on charges that did not stand
up to investigation. Physical attacks and threats against journalists, including many linked to
government actors, have decreased since the war and its immediate aftermath. But the failure to
investigate past incidents cast a long shadow, perpetuating fear and self-censorship, and significant
rights violations persist. In 2013, one web journalist fought off an abduction attempt; another,
Prageeth Ekneligoda, remained missing for a third year since his colleagues accused government
security forces of abducting him in reprisal for supporting the political opposition in 2010 elections.
High-profile leaders publicly threatened individual internet users and journalists with impunity, and
obstructed opposition efforts to improve transparency through right to information legislation
recommended by a post-war reconciliation commission.
59
D.B.S.Jeyaraj,DefenceSecretaryGotabhayaRajapaksaOpenlySupportiveofEthnoReligiousFascistOrganizationBodhu
BalaSena,dbsjeyaraj,March10,2013,http://dbsjeyaraj.com/dbsj/archives/17939
60
WeareBlockedButWillNotbeStopped,ColomboTelegraph,December26,2011,
http://www.colombotelegraph.com/index.php/weareblockedbutwewillnotbestopped/.
61
GroundviewsBlockedandUnblocked,ICTforPeacebuilding(blog),June22,2011,
http://ict4peace.wordpress.com/2011/06/22/groundviewsblockedandunblocked/.
62
#UPRLKA:CompleteTweetArchiveandRelatedVisualisationAroundSriLankasUPRReview,Groundviews,November2,
2012,http://groundviews.org/2012/11/02/uprlkacompletetweetarchiveandrelatedvisualisationaroundsrilankasupr
review/.
63
ReportersWithoutBorders,InternetEnemies,March12,2009,http://bit.ly/tus9bB.
64
MoreWebsitesIncludingghs.google.comBlockedinSriLanka?,ICTforPeacebuilding(blog),July29,2009,
http://ict4peace.wordpress.com/2009/07/29/morewebsitesincludingghsgooglecomblockedinsrilanka/.
SRI LANKA |

While the right to freedom of speech, expression, and publishing is guaranteed under Article 14
(1)(a) of Sri Lankas constitution, it is subject to numerous restrictions for the protection of
national security, public order, racial and religious harmony as well as morality. There is no
constitutional provision recognizing internet access as a fundamental right or guaranteeing online
freedom of expression. A culture of impunity, circumvention of the judicial process through
arbitrary action, and a lack of adequate protection for individuals and their privacy, compound the
poor enforcement of freedom of expression guarantees.
The Supreme Court has called freedom of expression from diverse and antagonistic sources
indispensable to democracy.65 In 2012, however, it rejected a fundamental rights petition brought
by members of the local Free Media Movement questioning the media ministrys right to block
websites for failure to register.66 By doing so, it missed a critical opportunity to check the
governments use of vague directives to control online content.
Several laws with overly broad scope lack detailed definitions and can be abused to prosecute or
restrict legitimate forms of online expression. Computer crimes and intellectual property rights
laws allow information contained within computers to be admissible in civil and criminal
proceedings. Publishing official secrets, information about parliament that may undermine its
work, or malicious content that incites violence or disharmony could result in criminal charges.67
In 2011, the ministry of justice mooted a new obscene publications act to extend anti-pornography
laws to electronic media, but did not correct the existing acts failure to define obscene.68 Thus
far, the ministry has made no announcements regarding the legislations implementation.
As in past years, the government obstructed right to information legislation which would promote
citizens access to documents held by government agencies and ministries. The Lessons Learnt and
Reconciliation Commissiona post-war commission of inquiry appointed by President Rajapaksa
in May 2010recommended RTI legislation as a necessary step towards addressing past and
ongoing rights violations.69 Yet the government left it to the cabinet to establish a time frame for
completing a draft,70 and UPFA parliamentarians rejected an opposition-backed bill in 2011 on
grounds that the government would table its own version.71 In July 2012, Secretary to the ministry
of mass media and information, Charitha Herath, said national security concerns would continue to
65
CentreforPolicyAlternatives,FreedomofExpressionontheInternetinSriLanka,(August,2010),54,
http://www.eldis.org/vfile/upload/1/document/1008/FOE%20and%20Internet%20in%20Sri%20Lanka.pdf.
66
BobDietz,SriLankaSupremeCourtSlamsDooronWebsites,CPJBlog,May17,2012,http://cpj.org/blog/2012/05/sri
lankasupremecourtslamsdooronwebsites.php.
67
Respectivelegislation:OfficialSecretsActNo.32of1955;Parliament(PowersandPrivileges)(Amendment)1997;Prevention
ofTerrorism(TemporaryProvisions)ActNo.48of1979.
68
ToughNewLawsagainstPorn,DailyMirror,October24,2011,http://www.dailymirror.lk/news/14318toughnewlaws
againstporn.html.
69
Thereportfurtherrecommendedthatstepsbetakentopreventtheharassmentandattacksonmediapersonneland
institutions.See,TheOfficialWebsiteoftheGovernmentofSriLanka,ReportoftheCommissionofInquiryonLessonsLearnt
andReconciliation(2011),1978,
http://www.priu.gov.lk/news_update/Current_Affairs/ca201112/FINAL%20LLRC%20REPORT.pdf.
70
Section9.115e,NationalPlanofActiontoImplementtheRecommendationsoftheLLRC,GovernmentNewsPortal,July26,
2012,http://www.priu.gov.lk/news_update/Current_Affairs/ca201207/20120726national_plan_action.htm.
71
Govt.RejectsourRighttoKnow,TheSundayTimes,ThePoliticalEditor,June26,2011,
http://sundaytimes.lk/110626/Columns/political.html.
SRI LANKA |

delay the bill. Freedom of expression experts noted those concerns were disingenuous, since
international RTI legislation routinely prevents documents that would jeopardize national security
being released into the public domain.72
In mid-2012, police arrested nine staff from two news websites. Criminal Investigations
Department (CID) officials raided the offices of the Sri Lanka Mirror and Sri Lanka X News in June on
grounds of propagating false and unethical news on Sri Lanka.73 The action had scant foundation
in law. The CID obtained a search warrant and arrested the employees citing violation of Articles
115, 118 and 120 of Sri Lankas penal code. Articles 118 and 120 broadly deal with defamation and
the incitement of contempt and hatred, although Article 118 was repealed in 2002, and Article 115
covers conspiracy to overthrow government by coercion.74 The journalists were released on bail
the day after their arrest, though investigators later said their computers contained further grounds
for prosecution, including content that violated the Obscene Publications Actalthough the
alleged obscenity was unpublished75failure to register the website, ridiculing the president, and
evidence of an attempted coup.76 While the case was finally set aside due to the CID failing to
conclude investigations,77 the journalists filed a fundamental rights petition with the Supreme Court
citing illegal arrest, violation of their right to free expression and legal occupation. Hearings are
ongoing. Media activists, rights organizations, and diplomatic missions viewed the arrests as
intimidation stemming from the websites pro-opposition reporting. 78 External Affairs Minister
G.L Peiris defense of the raid compounded that view when he accused the sites of turning deaf
ears to repeated warnings to tone down their coverage. 79
Extrajudicial surveillance of personal communications is prohibited under the Telecommunications
Act No.27 of 1996. However, a telecommunications officer can intercept communications under
the direction of a minister, a court, or in connection with the investigation of a criminal offence.
There is no provision under the legislation that requires officials to notify users who are targets of
surveillance, and journalists and civil society activists believe their phone and internet
communications are monitored.
72
BobDietz,NoRighttoInformationinSriLanka,CPJBlog,August7,2012,http://www.cpj.org/blog/2012/08/norightto
informationinsrilanka.php.
73
WebsitesPropagatingFalseNewsSealedMOD,DailyMirror,June30,2012,http://www.dailymirror.lk/news/19885
websitespropagatingfalsenewssealedmod.html.
74
WasanthaRamanayake,PetitionersClaimTheywereArrestedUnderLawRepealedTenYearsAgo,TheSundayTimes,July
29,2012,http://www.sundaytimes.lk/120729/news/petitionersclaimtheywerearrestedunderlawrepealed10yearsago
7461.html.
75
FarookThajudeen,PornographicMaterialfromSriLankamirrorComputersCID,DailyMirror,July23,2012,
http://www.dailymirror.lk/news/20514phonographicmaterialfromsrilankamirrorcomputerscid.html.
76
SLMirrorComputersReturned,CeylonToday,September18,2012,http://www.ceylontoday.lk/13044print.html.
77
T.FarookThajudeen,SriLankaMirrorCaseSetAside,DailyFT,September19,2012,http://www.ft.lk/2012/09/19/sri
lankamirrorcasesetaside/
78
HumanRightsWatch,SriLanka:HaltHarassmentofMedia,July3,2012,http://www.hrw.org/news/2012/07/03/srilanka
haltharassmentmedia,USConcernoverMediaHarassment,DailyMirror,June30th,2012,
http://www.dailymirror.lk/news/19892usconcernovermediaharassment.html.
79
SriLankaFMHitsBackOverCrackdownCriticism,NYDailyNews,July4,2012,
http://india.nydailynews.com/newsarticle/4ff5d22ec3d4ca667400000a/srilankafmhitsbackovercrackdowncriticism.
SRI LANKA |

Sri Lanka lacks substantive laws for the protection of individual privacy and data. Official
statements lauding state surveillance make this absence a particular concern for internet users,80 as
do policies like website registration, which civil society groups fear could be used to hold registered
site owners responsible for content posted by users, or to prevent government critics writing
anonymously.81 Digital activists in Sri Lanka also believe Chinese telecoms ZTE and Huawei, who
collaborated in the development and maintenance of Sri Lankas ICT infrastructure, may have
inserted backdoor espionage and surveillance capabilities.82
There were no new reports of arrests made for information shared by e-mail or text message. Sri
Lankan police have made such arrests in the past, though whether the content was obtained through
extrajudicial surveillance is not clear. Following the 2010 presidential election, a Media Centre for
National Security spokesman told local journalists that police had detained a few people for text
messages criticizing the outcome of the polls, without elaborating.83 News reports said the
detainees had disseminated similar content on Facebook and Twitter. The TRC denied tracing
critical commentators through social media, and an unnamed source in the telecommunications
industry told Sri Lankas Sunday Times the police could have been acting on complaints from
message recipients. In 2009, police traced an e-mail containing nude photographs sent to President
Rajapaksa and his brother Gotabhaya through an internet protocol address and remanded the
sender, who had illegally accessed a personal rivals e-mail account to send the offensive content
with motives of revenge.84 Local media mistakenly reported that a blogger had been arrested for
writing about Rajapaksa online.
A ministry of defense program to register mobile phone users for the purpose of curbing negative
incidents was introduced in 2008 and revisited in 2010 after service providers failed to ensure that
subscribers registered.85 Real-name subscriptions are already normal procedure, but the call for
registration in 2010 required further information, including photo identification and up-to-date
residential details. Unregistered users risk disconnection if they failed to comply, though no cases
have been reported.
80
ItsOkforGovernmenttoInfiltrateOnlinePrivacyofSriLankanCitizens?,ICTforPeacebuilding(blog),April17,2010,
http://ict4peace.wordpress.com/2010/04/17/itsokforgovernmenttoinfiltrateonlineprivacyofsrilankancitizens/.
81
CentreforPolicyAlternatives,ArbitraryBlockingandRegistrationofWebsites:TheContinuingViolationofFreedomof
ExpressionontheInternet,November9,2011,http://cpalanka.org/arbitraryblockingandregistrationofwebsitesthe
continuingviolationoffreedomofexpressionontheinternet/.
82
ZTECorporationsignedanagreementwithMobiteltodevelopits4GLTEnetworkandcarriedoutsuccessfultrialsinMay
2011,whileSLTsADSLinfrastructureissupportedbyHuawei.See,SriLankasMobitelandZTECorporationCarryOuttheFirst
Successful4G(LTE)TrialinSouthAsia,ZTE,May17,2011,
http://wwwen.zte.com.cn/en/press_center/news/201105/t20110517_234745.html;RanjithWijewardena,SLTTieUpWith
HuaweitoExpandBroadbandInternetCoverage,Nanasala,September29,2006,
http://www.nanasala.lk/article_more.php?id=10;SanjanaHattotuwa,AreChineseTelecomsActingastheEarsfortheSri
LankanGovernment?,Groundviews,February16,2012,http://groundviews.org/2012/02/16/arechinesetelecomsactingas
theearsforthesrilankangovernment/.
83
MonitoringCyberspacetoRegulateAntiGovt.Content,February14,2010,
84
TheArrestoftheBloggerinSriLanka:CrowdSourcingTrumpsTraditionalMediaFollowUp,ICTforPeacebuilding,
November8,2009,http://bit.ly/19QWs6j.
85
BandulaSirimanna,SriLankatoTightenMobilePhoneRegulations,TheSundayTimes,October31,2010,
http://sundaytimes.lk/101031/BusinessTimes/bt32.html.
SRI LANKA |

Online reporters, like their counterparts in traditional media, were attacked by forces on both sides
during Sri Lankas civil conflict. Unsolved cases include the 2005 murder of TamilNet co-founder
Dharmeratnam Sivaram, who was found dead in a high-security area outside parliament.86 The UN
Human Rights Council adopted a resolution urging the government to investigate war crimes in
March 2012, but the trend of violence against traditional journalists and an overarching culture of
impunity continues, exacerbating self-censorship and chilling freedom of expression online.
Disappearances continue to be a problem in post-war Sri Lanka: Local English-language media
documented 57 incidents between January 1 and July 9, 2012. 87 International news reports and
rights groups say government soldiers are responsible for the notorious white van abductions
named after the vehicle often used to carry them outa claim the administration denies.88 Shantha
Wijesooriya, an investigative journalist for the news website Sri Lanka X News, avoided an apparent
abduction attempt in the capital, Colombo, on July 5, fighting off unidentified men in plain clothes
when they tried to bundle him into a white vehicle.89 Lanka-E-News journalist and cartoonist
Prageeth Ekneligoda has been missing since January 24, 2010, after the website backed the political
opposition in elections. His wife and colleagues believe government agents abducted him, and
police have made no effort to investigate his disappearance, despite widespread international
pressure.90 Officials have denied Ekneligoda is even missing, saying he sought asylum overseas.91
The inaction on his case, combined with other methods of intimidation including arson attacks and
legal harassment, forced Lanka-E-News and its editor out of the country.92
Officials harassed and threatened freedom of expression advocates and journalists with impunity in
2012. In March, Minister for Public Affairs, Mervyn Silva, threatened to break the limbs of four
individualssome with a prominent online presencefor criticizing the government at the UN,93
acknowledging he had driven veteran journalist Poddala Jayantha out of the country to support the
threat.94 Frederica Jansz, editor of the Sunday Leader newspaper, fled Sri Lanka in November after
Gotabhaya Rajapaksa threatened her during a telephone conversation.95
86
CommitteetoProtectJournalists,JournalistsKilled,SriLanka:DharmeratnamSivaram,accessedJanuary,2013,
http://www.cpj.org/killed/2005/dharmeratnamsivaram.php.
87
ADisappearanceEveryFiveDaysinPostWarSriLanka,Groundviews,August30,2012,
http://groundviews.org/2012/08/30/adisappearanceeveryfivedaysinpostwarsrilanka/#.
88
AbductionsquadsinSriLankatargetfoesofpowerful,August22,2012,
http://www.washingtontimes.com/news/2012/aug/22/abductionsquadsinsrilankatargetfoesofpower/?page=all.
89
IndikaGamage,SriLanka:AJournalist'sAbductionAttemptThwarted,JournalistsforDemocracyinSriLanka,July9,2012,
http://www.jdslanka.org/index.php/20120130093042/media/130srilankaajournalistabductionattemptthwarted.
90
T.FarookThajudeen,PrageethEknaligodaDisappearanceCaseStillGoingOn,DailyFT,December24,2011,
http://www.ft.lk/2011/12/24/prageetheknaligodadisappearancecasestillongoing/;BobDietz,UNHeardEknelygodasCry
ForHelp;HusbandStillMissing,CPJBlog,May21,2011,http://bit.ly/Gzv9o2.
91
ChrisKamalendran,EknaligodaCase:FocusonExAG,TheSundayTimes,December11,2011,
92
BobDietz,SandhyaEknelygodaSpeaksforSriLanka'sDisappeared,CPJBlog,September4,2012,
http://cpj.org/blog/2012/09/sandhyaeknelygodaspeaksforsrilankasdisappear.php.
93
MervynThreatenstoBreakLimbsofJournos,DailyMirror,March23,2012,http://dailymirror.lk/news/17607mervyn
threatenstobreaklimbsofjournos.html.
94
JayanthahaslivedinexilesincesixunidentifiedmenabductedandbeathiminJune2009.ArrestThisThug!,TheNation,
March25,2012,http://www.nation.lk/edition/editorial/item/4312arrestthisthug.html.
95
FredericaJansz,GotaGoesBerserk,TheSundayLeader,July8,2012,http://bit.ly/RBuH9u.
SRI LANKA |

Cybercrime is a growing problem in Sri Lanka, with illegal breaches of social media and e-mail
accounts becoming more common.96 Networks associated with the LTTE have been reported
attempting to hack into national security networks and carry out web defacement attacks.97 The
government has recognized the need to strengthen its defensive capability, yet critics fear
technology bought for this purpose could be used to restrict legitimate expression.98
Cyberattacks have also targeted government critics. Twice in 2012, in February and September,
TamilNet reported it had been hit with distributed denial of service (DDoS) attacks, which force a
website to crash by bombarding its host server with requests for information.99 These attacks
cannot be definitively attributed the government agents. However, Media Minister Keheliya
Rambukwella openly publicized his intent to incapacitate the site as early as June 2007. We are
looking for hackers to disableTamilNet but could not find anyone yet, he told journalists.100
96
681SLCyberSecurityIncidentsSoFarin2011,TheSundayTimes,October16,2011,
http://www.sundaytimes.lk/111016/BusinessTimes/bt31.html.
97
SriLankaArmyCommandersaysCyberWarStillContinues,ColomboPage,February22,2011,
http://www.colombopage.com/archive_11/Feb22_1298388902CH.php.
98
CentreforPolicyAlternatives,FreedomofExpressionontheInternet(2011),42.
99
TamilNet:27.02.12DDoSAttackDisruptsTamilNetWebTraffic,TamilNet,February27,2012,
www.tamilnet.com/art.html?catid=13&artid=34927;TamilNet:29.09.12DDoSAttacksonTamilNetFoiled,TamilNet,
September29,2012,www.tamilnet.com/art.html?catid=13&artid=35610.
100
TamilNetBlockedinSriLanka,BBCSinhala,June20,2007,
http://www.bbc.co.uk/sinhala/news/story/2007/06/070620_tamilnet.shtml.
SRI LANKA |
SUDAN
2012
N/A

n/a
n/a
n/a
n/a
Total (0-100)
2013
NOT
FREE
17
19
27
63


Large-scale antigovernment protests known as Sudan Revolts erupted in Khartoum in
June 2012 and spread throughout the country. The protests led to the governments
first crackdown on internet users (see LIMITS ON CONTENT).
The intelligence services Cyber Jihadist Unit ramped up its efforts to censor
antigovernment content, target cyber-dissidents, and manipulate online information
during and following the protests (see LIMITS ON CONTENT).
Numerous bloggers and online journalists were arrested or harassed for their
involvement with the June 2012 protests (see VIOLATIONS OF USER RIGHTS).
In December 2012, a new draft press law was presented to the national assembly that is
likely to include provisions regulating online media (see VIOLATIONS OF USER
RIGHTS).
SUDAN

On September 25, 2013, Sudan experienced a complete internet blackout following the outbreak of
antigovernment protests in Khartoum over the suspension of fuel subsidies.1 According to research
conducted by the internet intelligence company, Renesys, no networks were available in Sudan around
1:00pm local time as a result of either a catastrophic technical problem or a centrally coordinated
effort to disable all access to the internet.2 While the governments hand behind the shutdown could
not be confirmed at the time of writing, its timing strongly supports suspicions of
government involvement, particularly since Renesys reported a similaralbeit a smaller-scale and
shorteroutage on the Sudatel network in June 2013 ahead of another large protest.3
INTRODUCTION
Much of Sudans history since 1955 has been preoccupied by civil war and persistent conflict,
resulting in the displacement of millions of Sudanese and a situation of economic disfranchisement
for the majority of the country. As a result, 46.5 percent of the population lives below the official
United Nations poverty line as of the end of 2012.4 Nevertheless, the discovery of oil in South
Sudan prior to the regions independence from the north in July 2011 has led to an economic boom
for the countrys elite and ruling party over the last 10 years, which has in turn translated into gains
for a number of sectors, particularly the telecommunications sector.5
Increasingly affordable and reliable internet service has enabled Sudanese citizens to use digital
media tools to share information, communicate with the international community, document news
not covered in the heavily censored traditional media, and organize protest movements against
government repression. This online engagement and activism, however, has led the Sudanese
government under President Omar al-Bashir to increasingly crackdown against internet freedom
through various tactics that include: growing censorship of opposition news outlets and forums
online; the deployment of a Cyber Jihadist Unit to monitor social media websites and hack into
activists accounts;6 and the harassment and arrest of digital media activists and online journalists;
among other tactics.
AtleastsevenkilledinSudanasantigovernmentviolenceflares,AlArabiya,September26,2013,
http://english.alarabiya.net/en/News/middleeast/2013/09/25/InternetaccessshutdowninSudanamidKhartoum
riots.html.
2
AndreaPeterson,SudanlosesInternetaccessanditlookslikethegovernmentisbehindit,WashingtonPost,September
25,2013,http://www.washingtonpost.com/blogs/theswitch/wp/2013/09/25/sudanlosesinternetaccessanditlookslike
thegovernmentisbehindit/.
3
RenesysCorporation,Twitterpost,June29,2013,4:33pm,
https://twitter.com/renesys/status/351060825722736640/photo/1.
4
UnitedNationsDevelopmentProgramme,StatusofMDGsinSudanin2012,http://www.sd.undp.org/mdg_fact.htm.
5
EconomicImpactofMobileCommunicationsinSudan,ZainGroupandTelefonaktiebolagetLMEricsson,June5,2009,
http://www.ericsson.com/res/thecompany/docs/sudan_economic_report.pdf.
6
InterviewwithapressfreedomadvocateandjournalistinKhartoum,Sudan,January16,2012.
SUDAN

Internet restrictions and government repression against online users intensified during and
following widespread antigovernment protests known as Sudan Revolts that erupted in June 2012
and were fueled in large part by digital media tools. In a country where traditional media journalists
have for decades faced routine censorship, detention, and violence, the events in 2012 led the
government to target bloggers and cyber-dissidents for the first time, with some facing detentions
for up to two months and one case of torture reported. Others fled Sudan for fear of their lives
after being subjected to threats, sexual assault, or torture.
OBSTACLES TO ACCESS
The internet in Sudan is affordable and widely accessible in big cities and towns. According to the
International Telecommunications Union (ITU), internet penetration grew from 19 percent in
2011 to 21 percent in 2012, representing 7.5 million users in a country of 34.2 million.7 However,
the number of users could be somewhat higher as internet-enabled mobile phones have become
widespread and cheaper in recent years. The National Telecommunications Corporation (NTC),8
the government regulatory body, reported over 27 million cell phone subscriptions in Sudan as of
December 2012,9 in addition to a telecom network coverage of 88 percent of the population that
extends to at least 800 cities and towns,10 including remote parts of the war-torn region of
Darfur.11 The ITU noted a mobile phone penetration of over 60 percent at the end of 2012.12
Following the 2005 Comprehensive Peace Agreement (CPA) signed between the government of
Sudan and the South Sudanese rebels, the Sudan People's Liberation Movement (SPLM), the
telecommunications industry expanded at an unprecedented rate as thousands of Sudanese
expatriates returned from the diaspora. During this time, prices for pre- and post-paid services
were cut in half, and companies began offering wireless connections to serve the growing number
of cafes and hotels.13
By regional and international standards, Sudans telecommunications infrastructure is among the
most developed and affordable, with Sudan recording the lowest average post-paid rate per minute
in the Middle East and North Africa in 2012.14 There are four licensed telecommunications
operators in Sudan: Zain, MTN, Sudatelwhich provide both internet and mobile phone
8
Foundedin1996,theNTCregulatesthetelecommunicationsindustryinSudan,givelicensestotelecommunicationsoperators
aswellasprotectsthenationalsecurityofthestate,amongotherduties.
9
Mobilecellularsubscriptions2012,Statisticsdata,NationalTelecommunicationsCorporation,lastmodifiedMay6,2013,
http://www.ntc.gov.sd/images/stories/docs/English/mobile_cellular_subscription.pdf.
10
EconomicImpactofMobileCommunicationsinSudan.
11
TelecomNetworksCoverage,Statisticsdata,NationalTelecommunicationsCorporation,lastmodifiedMay6,2013,
http://www.ntc.gov.sd/images/stories/docs/English/coverage.pdf.
12
13
InterviewwithindividualsinthetelecommunicationsindustryinKhartoum,Sudan,January725,2012.
14
MohamedSalam,SudanTopsMENARegiononMobileServicesSalesTax,ITNewsAfrica,October3,2012,
http://www.itnewsafrica.com/2012/10/sudantopsmenaregiononmobileservicessalestax.
SUDAN

servicesand Canar, which provides fixed phone lines and home internet.15 MTN and Sudatel both
offer broadband internet, with Sudatel being the first to introduce 3.75G technology.16 Zain also
offers fast internet through its USB and mobile phone internet services, though along with MTN, it
leases its access to the international internet from Sudatel and Canar. Zain, MTN, and Canar are
foreign-owned companies,17 while Sudatel has 22 percent of its shares owned by the government.18
Telecommunication companies began providing affordable mobile phone internet services in 2010,
which allowed a growing number of citizens, especially students, to browse the internet from their
mobile devices and led to a marked increase in the use of social media websites such as Facebook.
As of January 2013, a monthly subscription on the Sudani network costs SDG 9 ($1.50) for 1 GB,
while unlimited monthly internet costs SDG 15 ($2.50) and SDG 21 ($3.50) on MTN and Zain,
respectively.19 The three companies also offer daily unlimited internet for rates that do not exceed
SDG 1 ($0.16).20
Aside from mobile internet, users also access the internet from personal desktops that cost between
$71 and $100, or from laptop computers that start at $110 for a brand-new device. Second-hand
laptops and computers are widely available, and users can make payments towards a computer in
weekly or monthly installments. Internet access is enabled through a high-speed internet USB
modem, which costs $11 on the Zain network, while 5 GB of data per month costs $4.50. The
Sudani network gives its subscribers free internet USB sticks upon the purchase of internet packages
ranging from three months (at $21) to one year (at $78).21 Nevertheless, there were less than
25,000 fixed broadband subscriptions at the end of 2012, representing 0.05 percent of the
population, according to the ITU.22 Cybercafes, which are concentrated in market areas, charge an
average of $0.30 per hour,23 though the number of cybercafes in Khartoum state has decreased
noticeably since the early 2000s as the internet has become cheaper and more accessible to the
public.
The availability of fast internet in Sudan is largely a result of competition between the four main
telecommunications companies. Under normal circumstances, the internet is relatively fast,
operating at advertised speeds of up to 21Mbps on the Zain network in Khartoum and at 7.2Mbps
in other areas. However, during the antigovernment protests in June and July 2012, there were
reports of extremely slow internet speeds before it became completely inaccessible to users on the
Zain and Sudani networks for a number of hours before the June 29th protests, according to some
15
InterviewwithanexpertfromthetelecommunicationsindustryinKhartoum,Sudan,January17,2013.
Background,SudaniCompany,accessedJanuary2013,http://sudani.sd/PublicOne/Content/Sudani/Background.
17
ThemajorityshareholdersareKuwaitiforZain,SouthAfricanforMTN,andEmiratesforCanar.See:EconomicImpactof
MobileCommunicationsinSudan.
18
OpenNetInitiative,InternetFilteringinSudan,August7,2009,
https://opennet.net/sites/opennet.net/files/ONI_Sudan_2009.pdf.
19
BasedoncallsmadetocustomercarecentersforthethreetelecommunicationsnetworksinKhartoum,Sudan,January710,
2013.
20
Callsmadetocustomercarecenters.
21
Callsmadetocustomercarecenters.
22
23
ResearchconductedinJanuary2013.
16
SUDAN

independent reports.24 It remains unconfirmed whether the service disruptions were due to
intentional government interference or technical issues, though the disruptions prompted
immediate fears among activists that the authorities would follow Mubaraks lead in Egypt and shut
down the internet altogether.25 Most recently in June 2013, and again in September 2013 (after this
reports coverage period), the internet intelligence corporation Renesys confirmed two separate
internet blackouts that were reportedly directed by the government in advance of large protests
(see Editors Note on Recent Developments).26
While access to the internet is gradually expanding in Sudan, comprehensive economic sanctions
imposed by the U.S. government against the al-Bashir regime since 1997 have been a hindrance to
the free access of various ICTs and new media tools.27 In 2010, the sanctions were amended to
authorize the export of certain communications technologies to boost the free-flow of
information,28 though as of 2013, the amended sanctions remain ineffective for most Sudanese in
many respects. For example, important software such as anti-virus suites, e-document readers, and
rich-content multimedia applications are blocked and inaccessible for users to download.
Additionally, software security updates are unavailable, forcing users to rely on outdated versions
that make their computers and devices vulnerable to malware and other technical attacks.
Smartphones and tablets are also affected, as online stores where users can download and update
applications are inaccessible in Sudan. Savvy users use circumvention tools such as proxies and
virtual private networks (VPNs) to access these blocked services, but ordinary users likely miss out
on these key ICT tools. This problem of accessibility poses a serious security threat to activists and
human rights defenders, making them unable to use these technologies in their work and
potentially exposing them to state surveillance and censorship (see Violations of User Rights).
The NTC regulates the ICT sector in Sudan. Founded in 1996 and housed under the Ministry of
Telecommunications, the government body produces telecommunications statistics, monitors the
use of the internet, introduces new technology into the country, and seeks to develop the countrys
telecommunications and IT industry. Although it is a state body, the NTC receives grants from
international organizations such as the Intergovernmental Authority on Development and the
World Bank, and its website describes the body as self-financing.29
24
PersonalexperienceofaFreedomHouseconsultantbasedinKhartoum.Seealso:AmiraAlHussaini,Sudan:NetizensVerify
InternetBlackoutRumours,GlobalVoices,June22,2012,http://globalvoicesonline.org/2012/06/22/sudannetizensverify
internetblackoutrumours/.
25
MelodyZhang,InternetBlackoutinSudan?OpenNetInitiative(blog),June27,2012,
https://opennet.net/blog/2012/06/internetblackoutsudan.
26
AndreaPeterson,SudanlosesInternetaccessanditlooklikethegovernmentisbehindit,WashingtonPost,September
25,2013,http://www.washingtonpost.com/blogs/theswitch/wp/2013/09/25/sudanlosesinternetaccessanditlookslike
thegovernmentisbehindit/.
27
WhatyouNeedtoKnowAboutU.S.SanctionsSudan,U.S.DepartmentoftheTreasury,June25,2008,
http://www.treasury.gov/resourcecenter/sanctions/Programs/Documents/sudan.pdf.
28
TreasuryDepartmentIssuesNewGeneralLicensetoBoostInternetBasedCommunication,FreeFlowofInformationinIran,
SudanandCuba,U.S.DepartmentoftheTreasury,pressrelease,March8,2010,http://www.treasury.gov/presscenter/press
releases/Pages/tg577.aspx.
29
AnnualBudgets,TheNationalTelecommunicationsCouncil,October16,2010,
http://www.ntc.gov.sd/index.php?n=b3B0aW9uPWNvbV9jb250ZW50JnZpZXc9YXJ0aWNsZSZpZD04Jkl0ZW1pZD0xNjYmbGFuZz
11aw.
SUDAN

LIMITS ON CONTENT
In response to the nationwide Sudan Revolts protests in June 2012, the government blocked three
news websites and amped up its use of the Cyber Jihadist Unit to target key protest participants and
manipulate the online information landscape. YouTube was unilaterally blocked for a period
following the viral spread of an offensive anti-Islam video in September 2012.
The 2001 National Strategy for Building the Information Industry explicitly acknowledges the
blocking and filtering of internet content considered immoral and blasphemous. The NTC is
relatively transparent about the content it blocks, reporting that 95 percent of blocked material is
related to pornography.30 Tests last conducted by the OpenNet Initiative in 2009 confirmed that
websites with sexually explicit content were blocked, in addition to some dating and hacking
websites and those that facilitated anonymous browsing or circumvention.31
Social media websites such as Facebook and Twitter are not blocked, though Sudan has blocked
YouTube and the popular Sudanese forum and news website Sudanese Online for various periods
since 2008 in response to content deemed too sensitive by the regime, such as articles on the war in
Darfur.32 The blocks typically range from a few days to a few weeks, and when a website becomes
accessible again, it can take some time for content to be fully restored. The most sustained and
long-term blocking of websites followed the June-July 2012 Sudan Revolts protest movement.
On June 25, 2012, the NTC blocked the online newspapers Sudanese Online, Al-Rakoba, and
Hurriyat,33 the latter two of which are known to be anti-government. Hurriyat is based in Kampala,
Uganda and its editorial staff is comprised of prominent journalists who left Sudan after enduring
numerous court trials for their writings. Al-Rakoba, on the other hand, has a number of anonymous
journalists inside Sudan but is managed by a group based in the Gulf region.34 As of April 2013,
only Al-Rakoba has been unblocked, while Hurriyat and Sudanese Online remain blocked and
accessible only through anonymous browsing programs such as Tor. From some connections,
adding an s to the http component of a blocked URL to access it via the secure https protocol
can open the website.
In mid-September 2012, the NTC blocked the entire YouTube platform following the viral spread
of the Innocence of Muslims video that instigated protests in Sudan and across the Muslim
world,35 though the website was still accessible using https. Two days before YouTube was banned,
protests against the film took place in front of the U.S. and German embassies in Khartoum,
30
BlockingOrUnblockWebsites,NationalTelecommunicationsCorporation,lastmodifiedMay6,2013,
http://www.ntc.gov.sd/index.php?n=b3B0aW9uPWNvbV9ja2Zvcm1zJnZpZXc9Y2tmb3JtcyZpZD0xJkl0ZW1pZD0xMjkmbGFuZz11
aw%3D%3D.
31
OpenNetInitiative,InternetFilteringinSudan.
32
33
EvaGalperin,SudanRevolts,GovernmentCracksDownonDissent,ElectronicFrontierFoundation,July10,2012,
https://www.eff.org/deeplinks/2012/07/sudanrevoltsgovernmentcracksdowndissent.
34
InterviewwithjournalistaffiliatedwithAlRakobainKhartoum,Sudan,January20,2013.
35
SudanBlocksYouTubeOverAntiIslamFilmSources,SudanTribune,September17,2012,
http://www.sudantribune.com/spip.php?article43916.
SUDAN

leading to the deaths of two protesters following clashes with the police.36 The platform was
unblocked in November 2012 and remains so as of May 2013.
The Internet Service Control Unit within the NTC manages the filtering of online content, and
users can submit requests through the NTC website to either block or unblock websites that are
deemed not containing pornography.37 Nevertheless, the NTC does not specify whether the
requests to block or unblock extend to political websites. Users attempting to access a blocked site
are met with a black page that explicitly states, This site has been blocked, by the NTC and
includes a contact e-mail address at filtering@ntc.gov.sd.38
As a result of growing online censorship, some opposition news outlets have begun to move their
servers outside the country to avoid blocking. For example, Sudanese Online currently operates from
the United States, while Sudan Tribune is based out of France and Al Taghyeer (Change), a new
online newspaper launched on May 3, 2013 on World Press Freedom Day, is based in the United
Kingdom.39 This trend will likely continue if a draft media law with implications for digital news is
passed (see Violations of User Rights).
Despite increasing instances of internet censorship in 2012, online newspapers have had more
freedom than traditional media outlets, which are frequently subject to pre-publication censorship,
confiscations of entire press runs of newspapers, and warnings from National Intelligence and
Security Service (NISS) agents against reporting on certain taboo topics.40 Restrictions on
traditional news outlets increased following the National Security Act of 2010, which gives the
NISS permission to arrest journalists and censor newspapers under the pretext of national
security.41 As such, many print newspapers have begun to circulate censored or banned material
on their websites and social media pages. For example, Al-Midan newspaper, the mouthpiece of the
communist party, has used Facebook and its website to publish articles since May 2012. Al-Jareeda
also uses its Facebook page to publish censored material. Nevertheless, the authorities have begun
to crackdown against such forms of online journalism. At the end of 2012, one Al-Jareeda journalist
reported that he was threatened by the NISS to prevent him from publishing an interview with a
young politician on the newspapers Facebook page after it was censored from the print version.42
In response to the Arab Spring events and the proliferation of anti-government protest movements
organized on social media sites in early 2011, the ruling National Congress Party launched a Cyber
36
SudanProtestersStormGermanEmbassy,RaiseIslamicFlag,Reuters,September14,2012,
https://www.nydailynews.com/news/world/sudanprotestersstormgermanembassyraiseislamicflagarticle1.1159566.
37
BlockingOrUnblockWebsites.
38
Imageofablockedsite:https://docs.google.com/file/d/0B6mgwvplJ6IadERXT3RTZW1jSkk/edit.
39
ReemAbbas,SudansShiftfromPrinttoOnlineNewspapers,DohaCentreforMediaFreedom,May16,2013,
http://www.dc4mf.org/en/node/3740.
40
InterviewwithaneditorinchiefinKhartoum,Sudan,August2012.
41
TheNISScarriesoutarbitraryarrests,maydetainanindividualforupto45dayswithoutchargesandcanrenewthe
detentionperiodaftertheendofthe45dayperiod.NISSofficershavetotalimmunityfromthelaw.SudaneseSecurityService
CarriesoutBrutalCampaignAgainstOpponents,AmnestyInternational,July19,2010,http://www.amnesty.org/en/newsand
updates/report/sudanesesecurityservicecarriesoutbrutalcampaignagainstopponents2010.
42
Interviewwithanactivist,October2012,Khartoum,Sudan.
SUDAN

Jihadist Unit to conduct online defense operations and crush online dissent.43 While the cyber
jihadists existed on a smaller scale before 2011, the government began expanding the unit when it
realized the powerful capacity of social media and online journalism to disseminate information,
communicate events to the international community, and mobilize protests.
In 2011, a leaked document revealed that the Cyber Jihadist Unit employed over 200 individuals
divided across different locations and who worked three shifts to ensure around the clock coverage,
particularly during timeframes when internet traffic is highest, such as late at night and during the
weekend.44 More recent research found that the number of recruits increased in 2012, with the
NISS recruiting heavily at government universities, especially at the police-owned Al-Ribat
University.45 The Unit seems to have adequate funding for training, and stipends are given to the
young recruits who are mostly students or unemployed youth. According to private interviews, the
cyber-jihadists have also received training courses in hacking and online monitoring in India and
Malaysia, among other countries.
Based at the NISS, the Cyber Jihadist Unit proactively monitors content posted on blogs, social
media websites, and online newspaper forums. The Unit also infiltrates online discussions in an
effort to ascertain information about cyber-dissidents as well as spread misinformation. This
strategy has been employed most prominently on the news forum, Sudanese Online, which is known
for its popularity among antigovernment intellectuals, journalists, politicians and activists. When
the government took notice of the websites influence in the mid-2000s, it planted contributors to
spread misinformation, instigate problems between users, and discredit information written by
members of the forum.46
In August 2012, a few weeks after a massive security crackdown subdued the wave of protests
across the country, an exiled activist started a thread on Sudanese Online titled, Accounts Targeted
and Monitored by the Cyber-Jihad Unit, that included a list of 274 names, Facebook pages and
groups and described the expanded technical capacities of the unit. Leaked to the exiled activist by
a trusted source,47 the list made evident that the units primary targets were online activists,
particularly young people, whose social media accounts publish timely information about the
protests and news about human rights violations.48 Also included on the list were Facebook groups
of university protest and social movements, such as the University is Free and the Soldiers should
Leave group, and of youth movements such as Girifna (We are fed up), Sharara, and Sudan
Change Now. One of the individuals targeted was Mohamed Hassan Alem (known as Boshi), who
became popular after a video of him mocking a ruling party official went viral on YouTube in late
43
EmailinterviewwitheditorsfromHurriyatandAlRakoba,January2013;SudantoUnleashCyberJihadists,BBCNews,
March23,2011,http://www.bbc.co.uk/news/technology12829808.
44
WiththeNCP'sDocuments:OperationElectronicDefensetoBringDowntheSudaneseRevolution[inArabic],Sudan
Motion,April14,2012,http://sudanmotion.com/index.php/news/3sudannews/414320120414103028.
45
InterviewwithtelecommunicationsexpertinKhartoum,Sudan,January15,2013.
46
InterviewwithapressfreedomadvocateandjournalistinKhartoum,Sudan,January16,2012.
47
BukhariOsman,AccountsTargetedbyCyberJihadUnit[inArabic],August23,2012,SudaneseOnline,
http://www.sudaneseonline.com/cgibin/sdb/2bb.cgi?seq=print&board=400&msg=1345716699&rn=1
48
Forexample,thefirstnamementionedinthelistwasAmaniAlAgab,awellknownonlineactivistwhoisveryactiveon
SudaneseforumsaswellasFacebook.ThereislittleinformationavailableonAmaniAlAgab;however,itisknownthatsheis
outsideSudan.http://www.change.org/users/7806131
SUDAN

2011, leading to his arrest.49 Najla Al-Sheikh, a popular Sudanese video-blogger and human rights
documentarian whose YouTube page has nearly one million views,50 and Wail Taha, a former
editor of the online newspaper, Hurriyat, were also listed.
In 2012, the authorities began to employ social media tools to discredit and spread misinformation
about the opposition, launching smear campaigns against activists such as Rudwan Dawod, a
Darfurian humanitarian aid worker who was arrested in July 2012 during a non-violent
demonstration. Two days after his arrest, a Facebook page was created accusing Dawod of being a
part of a terrorist circle that was preparing to bomb Khartoum.51
With the growing popularity of forums such as Sudanese Online in the mid-2000s, citizens, especially
young people, began creating their own blogs to voice their opinions, leading to considerable
growth of the blogosphere over the past couple of years. The more active Sudanese bloggers write
in the English language. As of early 2013, there were about 300 Sudanese blogs registered in the
newly established Sudanese Bloggers Network,52 compared to approximately 70 blogs in October
2011.53
Blogging has also become an important platform for journalists and writers who use it to publish
commentary that is free from the restrictions leveled on newspapers, and to publicize their books.
For example, the well-known Sudanese writer Abdul-Aziz Baraka Sakin uses his blog to publish
sections of his books for preview by the public and to distribute his books that are currently
banned.54
Blogs have also given ethnic, gender, and religious minorities a venue to express themselves. In
2007, a blogger known as Black-Gay-Arab appeared in the Sudanese blogosphere, taking many by
surprise in a country where homosexuality is punished by the death penalty.55 Documenting his life
as a gay man in a conservative society and chronicling his familys attitude toward his sexuality, the
blog eventually enabled its author and other Sudanese LGBT people to establish a website that
became an association for the Sudanese LGBT community called Freedom Sudan.56 Another
blogger, Osman Naway from the Nuba minority ethnic group, uses his blog to spread awareness
49
SudaneseActivistArrestedDaysAfterHecklingRulingPartyOfficial,SudanTribune,January1,2012,
http://www.sudantribune.com/Sudaneseactivistarresteddays,41152.
50
NaglaElshakhsYouTubepage,accessedMay24,2013,http://www.youtube.com/user/naglaseed.
51
TimelinephotoonFacebookpageofSudan.E.Army,postedJuly4,2012,
https://www.facebook.com/photo.php?fbid=340853672655563&set=a.194049490669316.46463.194019520672313&type=1&
relevant_count=1;JohnZogby,SudaneseActivistChargedWithTerrorism,OntheGround(blog),NewYorkTimes,July11,
2012,http://kristof.blogs.nytimes.com/2012/07/11/sudaneseactivistchargedwithterrorism/.
52
InterviewwiththeSudaneseBloggersNetwork,January23,2013,http://sdunlimitedbloggers.blogspot.com/.
53
AmirAhmadNasr,SudaneseBloggers,SudaneseThinker(blog),March26,2009,
http://www.sudanesethinker.com/sudanesebloggers/.
54
AbdulAzizBarakaSakinisoneofSudan'smostprolificwriters.Heisanovelistandshortstorywriterwhohaspublishedover
sixbooksandisalsoacampaignerforchildrensrights.Heblogsathttp://barakasakin.blogspot.com.See,ReemAbbas,
CommentisFree,Guardian,October26,2012,http://www.guardian.co.uk/commentisfree/2012/oct/26/secretreading
sudanbanningbooks.
55
BlackgayarabGayandProud(blog):http://blackgayarab.blogspot.com/
56
FreedomSudan:TheSudaneseLGBTAssociation:http://freedomsudan.webs.com/
SUDAN

about the persecution of citizens from the Nuba Mountains and to document the recently reignited
war in the region.57
During the summer 2012 student protests against the governments harsh economic austerity plan,
social media and e-mail became the primary tools used to mobilize, share information, and
communicate as mobile phones became increasingly unsafe to use. According to youth activists,
most communications between the protesters during that time were conducted through Whats
App, a free mobile messaging application that can be accessed via mobile internet. The mobile app
was considered a much safer mode of communication than phone calls or text messages, which the
authorities could tap or track.58 Nevertheless, an overwhelming number of activists interviewed for
this report revealed a low awareness of digital security and limited knowledge of ways to stay
digitally safe, such as how to delete a Skype conversation.
Meanwhile, digital media activism enabled the protests to spread from its starting point in
Khartoum to numerous cities around the country,59 gathering between hundreds and thousands of
demonstrators to voice opposition against growing economic hardships in Sudan. Despite the
effective use of digital media tools in mobilizing the widespread demonstrations, the government
was ultimately successful in suppressing the movement through its violent crackdown against the
protesters, journalists, and online activists. Consequently, the protest movement resulted in no
concrete changes to the governments austerity plans.
Nevertheless, the internet continues to grow as a powerful tool for activists to fight for social,
political, and economic change. In one prominent case, an online campaign helped lead to the
eventual release of Jalila Khamis, an activist who spent nine months in detention without charge
until December 13, 2012, when an online campaign mobilized a silent protest in front of the
Womens Prison in Omdurman where she was being held, and she was produced in court. The
campaign also informed many individuals, both inside and outside Sudan, of Khamis case and made
her trials a public event, with dozens of attendees waiting outside the courtroom at each trial and
posting real-time updates of the trial proceedings on social media.60 Khamis was finally released and
acquitted of all charges on January 20, 2013 (see Violations of User Rights).61
Another significant case of digital media activism erupted in early 2011 and continued through 2012
following the arrest and sexual assault of Girifna activist, Safia Ishaq, in January 2011. After her
release, Girifna circulated a YouTube video in which Ishaq detailed the gang-rape she endured at
the hands of three NISS agents while in detention, making her the first Sudanese woman to speak
57
OsmanNawayisahumanrightsactivistandbloggerfromtheNubaMountainsinSouthernKordofanstate.Heisaffiliated
withArryOrganizationforHumanrights(http://arry.org/),whichwasclosedbytheSudanesegovernmentinDecember2012.
58
Interviewswithyouthactivists.
59
IsmaiilKushkush,ProtestersandthePoliceClashinSudan,NewYorkTimes,July6,2012,
https://www.nytimes.com/2012/07/07/world/africa/insudanprotestersclashwiththeriotpolice.html?_r=0.
60
InterviewwithcyberactivistinKhartoum,Sudan,January20,2013.
61
AmnestyInternational,SudanReleasesPrisonerofConscience,pressrelease,January20,2013,
http://www.amnesty.org/en/formedia/pressreleases/sudanreleasesprisonerconscience20130120.
SUDAN

publicly about sexual assault perpetrated by the authorities.62 Her YouTube testimony led to a viral
online campaign that helped the coalition, No to Womens Oppression, mobilize public protests
against the frequent cases of sexual assault experienced by Sudanese women, especially those who
have voiced public opinion against the government.63
Nevertheless, the NISS took numerous journalists to trial for writing about the Ishaq case in local
newspapers under charges of publishing false information and jeopardizing the trust between the
public and security forces.64 The trials of those journalists also received significant public attention,
and activists used Facebook and Twitter to mobilize a public presence at the court hearings. As of
April 2013, Ishaqs case is still being heard at a regional African court,65 though the government
maintains its denial of the incident. Ishaq eventually fled Sudan due to increasing harassment.

A draft media law was proposed in December 2012 that aims to further restrict media freedom in
Sudan; it is also likely to include provisions to regulate online media. Numerous bloggers and
online journalists were arrested or harassed for their involvement with the June 2012 protests,
while a number of activists were prosecuted for their coverage of the conflict areas in Southern
Kordofan and the Nuba Mountains. An online journalist was also tortured in 2012 for her social
activism.
Freedom of speech, expression and association are nominally protected under the 2005 Interim
National Constitution that was adopted as part of the 2005 Comprehensive Peace Agreement
(CPA) between the government of Sudan and the Southern rebel group, though the constitution
officially expired following the independence of South Sudan in July 2011. A permanent
constitution is currently being drafted as of May 2013.
In 2007, Sudan enacted the Informatic Offences (Combating) Act (known as the IT Crime Act),66
which does not guarantee free speech and criminalizes the establishment of websites that criticize
the government, in addition to websites that publish defamatory material and content that disturbs
public morality or public order.67 Violations of the IT Crime Act involve fines and prison sentences
between two to five years. While only one case of defamation has been filed under the IT Crime
62
MahaElSanosi,TheViolationofWomensRightsinSudan:IntheNameoftheLaw?Afrika,April6,2012,
http://www.afrika.no/Detailed/21360.html.
63
AmelGorani,RapeasaToolofWar,GeopoliticalMonitor,December29,2011,http://www.geopoliticalmonitor.com/rape
asaweaponofwar4568/;SafiaIshaqTalks,Girifna,February,24,2011,http://www.girifna.com/2602.
64
NahidMohamedAlHassan,trialreportbyGirifna(notpublished),October6,2011,Khartoum,Sudan.
65
ThePeoplesCourtintheGambia.
66
TheInformaticOffences(Combating)Act,2007,NationalTelecommunicationsCorporation,
http://www.ntc.gov.sd/images/stories/docs/English/Informatics_offences_Act_2007.pdf.
67
AbdelgadirMohammedAbdelgadir,FencesofSilence:SystematicRepressionofFreedomofthePress,Opinionand
ExpressioninSudan,InternationalPressInstitute,2012,http://www.freemedia.at/fileadmin/media/Fences_of_Silence
AbdelgadirMAbdelgadir3.pdf.
SUDAN

Act since its enactment in 2007,68 the Act inherently contradicts Sudans constitutional protection
of freedom of expression and fundamentally undermines internet freedom in the country.
For bloggers and online activists, the press and criminal laws have been more dangerous. In 2009,
the government revised the highly restrictive 2004 Press and Printed Press Materials Law, which
continued to allow for restrictions on the press in the interests of national security and public order
and holds editors-in-chief liable for all content published in their newspapers.69 There is no specific
reference to online media, though the press laws broad wording allows for its application to online
content. In December 2012, a new draft press law was presented to the national assembly that aims
to further restrict media freedom in Sudan. While the draft law has yet to be publicly released, a
member of the Sudanese National Council revealed in an interview with the Doha Centre for Media
Freedom in April 2013 that the new law would include regulations on online media.70 Meanwhile,
the authorities also restrict media freedom through the 2010 National Security Act, which gives the
NISS immunity from persecution and the permission to arrest, detain and censor newspapers under
the pretext of national security.71 Furthermore, Sudans judiciary is not independent and has taken
peremptory actions in cases of freedom of expression.
Since the Arab Spring events in 2011, journalists in Sudan have faced increasing harassment and
repression,72 with at least 20 journalists and editors subjected to fines, interrogations, detentions,
jail sentences, or trials for charges ranging from defamation, publishing false information, or
undermining the constitution in 2012.73 According to the Sudanese Bloggers Network, bloggers
and citizen journalists have also been increasingly harassed or detained in recent years, particularly
during times of protest.
In one notable case, the popular blogger and Twitter-user Usamah Mohamed was arrested on June
22, 2012 while covering protests in the Burri neighborhood of Khartoum.74 As one of the most
prominent bloggers using the Twitter hashtag #SudanRevolts to live-tweet the events of the
protest, Usamah was detained along with his brother for documenting the arrest of other protestors
on Twitter and for posting a video on Al-Jazeera of himself explaining his reasons for taking part in
68
InterviewwithapressfreedomadvocateinKhartoum,Sudan,January16,2012.
CommitteetoProtectJournalists,RepressivepresslawpassedinSudan,pressrelease,June11,2009,
http://www.cpj.org/2009/06/repressivepresslawpassedinsudan.php.
70
ReemAbbas,ProposedSudanMediaLawTargetsPressFreedom,AlMonitor,January17,2013,http://www.al
monitor.com/pulse/originals/2013/01/sudanpressfreedom.html#ixzz2OY2WyeL3;AhmedVall,NewLawWillGrantGreater
MediaFreedominSudan,DohaCentreforMediaFreedom,April7,203,http://www.dc4mf.org/en/content/newlawwill
grantgreatermediafreedomsudan.
71
SudaneseSecurityServiceCarriesOutBrutalCampaignAgainstOpponents,AmnestyInternational,July19,2010,
http://www.amnesty.org/en/newsandupdates/report/sudanesesecurityservicecarriesoutbrutalcampaignagainst
opponents2010.
72
JournalistsFaceIncreasingHarassmentinSudan,AmnestyInternational,May3,2012,
http://www.amnesty.org/en/news/journalistsfaceincreasingharassmentsudan20120502.
73
JournalistsareAmelHabbani,NahidAlHassan,FaisalMohamedSalih,OmerAlGarrai,SaadAlDeenIbrahim,Fatima
Ghazzali,FaizAlSeleik,AbdullahAlSheikh,MohamedLateif,ZeinabMohamedSalih,GafaarAlSubkiandHassanIshaq,among
others.
74
InterviewwithSudaneseBloggersNetwork,January23,2013.
69
SUDAN

the demonstrations.75 His brother, Asaad Mohamed, who is also popular on Twitter, was released a
few hours after his arrest, while Usamah was transported to NISS offices where he was beaten for
five hours after he refused to unlock his iPhone. Described by an NISS officer to other detainees as
the first to speak about the protests to the international community,76 Usamah was held for two
months, during which he was subjected to long interrogations about his e-mail, Facebook, and
other accounts on the opposition forums, Al-Rakoba and Sudanese Online.77 NISS officers further
accused Usamah of posting his video as part of a coordinated effort to take the Sudanese
government to the International Criminal Court. He was released in early August 2012 without
charges, along with scores of other detainees arrested during the protests.
The same allegation about the International Criminal Court was leveled against the prominent
video-blogger Nagla Sid-Ahmed for her documentary work on Southern Kordofanwhere rebels
have fought against the government since June 2011 following rigged local electionsand the
humanitarian situation in the Nuba Mountains. In the past few years, Sid-Ahmed had recorded over
5,000 videos on human rights abuses, detentions, and political events, leading her to become a
target of NISS harassment and attack throughout 2012.78 In January, NISS agents raided SidAhmeds home and confiscated her laptop and cameras. In the following months, she was
summoned for interrogation numerous times, particularly during the protests in June, and was
often forced to stay in the NISS office for over 12 hours without food. Her home was also
monitored, and she received messages on Facebook that threatened to harm her children. After
months of harassment amid the deteriorating state of her health, Sid-Ahmed and her family left
Sudan in July 2012. 79 In October, the NISS lodged a formal case against her in absentia, charging
her with conspiracy against the state and inciting hatred, among other charges, under the Sudanese
criminal law of 1991, which prescribe a minimum of three years in jail and a maximum of the death
penalty if she returns to Sudan.80
In March 2012, teacher and activist Jalila Khamis was arrested from her home in the middle of the
night after appearing in a YouTube video filmed by Nagla Sid-Ahmed in which she discussed the
humanitarian situation in Southern Kordofan.81 In May 2012, Sid-Ahmed was summoned for
interrogation about Khamiss video and accused of spreading false information.82 Meanwhile,
Khamis remained in detention without charge until December 2012, when she was formally
charged under six different articles of the 1991 criminal law, including Article 21 for participation
in the execution of a criminal conspiracy, Article 51 for waging war against the state, and Article
75
InterviewwithUsamaMohammedinKhartoum,Sudan,January24,2013;ReemAbbas,MediaandBloggersCensoredas
ProtestsSpreadAcrossSudan,UNCUT(blog),IndexonCensorship,July2,2012,
http://uncut.indexoncensorship.org/2012/07/protestssudanintafadacensorship/.
76
ReemAbbas,MediaandBloggersCensoredasProtestsSpreadAcrossSudan.
77
ReemAbbas,MediaandBloggersCensoredasProtestsSpreadAcrossSudan.
78
InterviewwithGirifnainKhartoum,Sudan,May,June2012.
79
ACitizenJournalistandActivistinForcedExile,Girifna,October,7,2012,http://www.girifna.com/6901.
80
InterviewwithGirifnainKhartoum,Sudan,June2012;ACitizenJournalistandActivistinForcedExile,SudaneseOnline,
October5,2012,http://www.sudaneseonline.com/news/6233acitizenjournalistandactivistinforcedexile.html.
81
NaglaAlSheikhsYouTubevideo,JalilaKhamisKokoTellstheSufferingoftheNubaPeople[inArabic],June15,2011,
http://www.youtube.com/watch?v=m9EPmxqMLfo;NubaMountainsFemaleActivistArrested,Girifna,March18,2012,
http://www.girifna.com/5080.
82
InterviewinKhartoum,Sudan,June2012.
SUDAN

64 for inciting hatred against sects or between them, among others.83 The YouTube video was
used as the main evidence against Khamis.
Following a month-long trial, international pressure, and a local campaign calling for her freedom,
Khamis was finally released on January 20, 2013 after the prosecutor dropped five of the six
charges due to insufficient evidence. While she was ultimately charged under Article 66 for the
publication of false news, which carries a maximum sentence of six months,84 the ten months that
Khamis had already spent in prison was deemed sufficient for her punishment. Nevertheless,
Khamis case sets a dangerous precedent for digital activism and will likely lead to increasing selfcensorship and the disempowerment of bloggers and netizens who use social media to advocate for
human rights in Sudan.
During the antigovernment demonstrations of 2012, hundreds of activists, journalists, and bloggers
were arrested for their participation and coverage of the protest events, including the prominent
blogger, Maha El-Sanosi. Although El-Sanosi was released the same day of her arrest on June 21,
she was detained again a few days later during a house raid by 12 NISS officers in the middle of the
night. She was later released on bail.85 In a private interview, El-Sanosi expressed concern over the
NISSs ability to find her home given the precautions she had taken to keep her whereabouts
hidden.86
The government actively monitors internet communications, and the NISS regularly intercepts
private e-mail messages.87 The Sudan Police Department also monitors internet cafes to make sure
that users do not access websites deemed immoral by the authorities.88 Government monitoring
and surveillance of online activists and journalists became particularly pronounced in 2012 during
the Sudan Revolts protests. Mobile phones became an especially dangerous tool for activists, with
one youth activist describing how the authorities have the technology not only to tap your phone
calls, but to figure out your location if you use your phone.89 In one notable instance, the activist
Mohamed Ahmed switched off his phone for a few days in early July 2012 to avoid arrest while in
hiding from the NISS.90 When he turned his phone back on as he was walking home to see his
family, NISS officials roaming his neighborhood managed to track his location based on the nearest
telecommunications tower and arrested him later that night.91
Mobile phone tapping and tracking was made more feasible in 2008 when a law was enacted
requiring subscribers to register their SIM cards. MTN was ordered to disconnect prepaid
subscribers who did not register their personal information by the deadline, resulting in the
83
Today Jalila Enters her 9th Month! Girifna, December 15, 2012, http://www.girifna.com/7327. The other charges were
underArticle50,underminingtheconstitutionalsystem,Article53,espionageagainstthecountryandArticle66,publicationof
falsenews.
84
Video:JalilaKhamisisFree!Girifna,January21,2013,http://www.girifna.com/7724.
85
SudanArrestsActivistsasUNCallsforCalm,alAkhbar,June28,2012,http://english.alakhbar.com/node/9009.
86
InterviewinKhartoum,Sudan,JuneJuly2012.
87
U.S.DepartmentofState,Sudan2012HumanRightsReport,http://www.state.gov/documents/organization/204383.pdf.
88
89
InterviewinKhartoum,Sudan,August1,2012.
90
Apseudonymwasusedheretoprotecttheprivacyandidentityofthisactivist.
91
InterviewinKhartoum,Sudan,August1,2012.
SUDAN

telecom losing 1.1 million of its 2.2 million subscribers. 92 Nevertheless, it was still relatively easy
to purchase a SIM card without providing personal information for activation until the June 2012
protests when the policy became more strictly enforced, particularly within the partially
government-owned telecom, Sudani.93
Facebook has become increasingly monitored and used to track and incriminate activists for
arrest.94 During the June 2012 protests, the social media website was the first account detainees
were asked to open while in detention, and private messages as well as the pages that activists like
were checked to see if they were affiliated with a certain political party or social movement.
Consequently, many young people stopped posting personal pictures on their profiles and began
changing their Facebook names to pseudonyms to avoid being tracked. Detained activists were also
pressured to provide the passwords to their e-mail accounts, leading the friends and family
members of detainees to change passwords or delete accounts for activists while they were in
detention.95
Despite the pervasive efforts to monitor and intercept internet and mobile communications, the
governments technological capacity and expertise is seemingly low. Testimonies from released
detainees reveal that security agents still document information manually and that security offices
seem to lack computer technology. Testimonies also noted that NISS agents and the Cyber Jihadist
Unit have very low levels of English-language competency.96 This allows citizen journalists working
in English to have slightly more freedom, since the authorities have thus far focused mainly on
monitoring Arabic-language online content. As such, incidents of arrest and harassment of online
journalists and bloggers writing in English have been uncommon.
Nevertheless, telecommunications providers are required to comply with government demands to
proactively monitor communications and hand over user information. In 2009, for example, a
leaked letter from the ruling partys secretary of political affairs to National Congress Party leaders
was published on Sudanese Online, detailing a directive made to the four telecom operators in Sudan
to monitor and follow up on any call that harms the interests of the homeland and to gather the
phone numbers of SPLM leaders so they could be placed under surveillance.97
Journalists and activists in Sudan often face harassment, extralegal intimidation, and even torture at
the hands of security agents. One egregious case of torture occurred in October 2012, when the
online journalist and activist, Somia Hundusa, was kidnapped from the street as she left her house
to buy food for her sick son.98 While in detention, she was interrogated about her Facebook activity
92
ConnectingSudan,ITP,January21,2009,http://www.itp.net/544237connectingsudan#.UZnALXvtg0.
Basedonauthorsresearch.
94
BukhariOsman,AccountsTargetedbyCyberJihadUnit[inArabic],August23,2012,SudaneseOnline,
http://www.sudaneseonline.com/cgibin/sdb/2bb.cgi?seq=print&board=400&msg=1345716699&rn=1.
95
Interviews,Khartoum,Sudan,JuneSeptember2012.
96
Interviewwithareleaseddetainee,August2012,Khartoum,Sudan.
97
AbdelgadirMohammedAbdelgadir,FencesofSilence:SystematicRepressionofFreedomofthePress,Opinionand
ExpressioninSudan,InternationalPressInstitute,2012,http://www.freemedia.at/fileadmin/media/Fences_of_Silence
AbdelgadirMAbdelgadir3.pdf:53.
98
InterviewinKhartoum,Sudan,November2,2012.
93
SUDAN

and shown printed copies of her articles.99 Hundusas family found her on November 2, 2012 in the
suburbs of Khartoum North in terrible physical condition with a shaved head and burned and
bruised body.100
Another strategy employed by the Sudanese government to repress internet freedom is through
technical attacks against opposition websites. For example, the websites Al-Rakoba, SudaneseOnline,
Sudanile, and Hurriyat have all been frequently hacked between 2010 and 2012, likely by the CyberJihad Unit.101 Websites such as Sudanese Online have struggled to retrieve archives after the
numerous technical attacks throughout the years. The e-mail and social media accounts of activists
have also been subject to widespread hacking.102
99
InterviewinKhartoum,Sudan,November2,2012.
NISSTorturesJournalistSomiaHundosa,Girifna,November3,2012,http://www.girifna.com/7006.
101
EmailinterviewwitheditorsfromHurriyatandAlRakoba,January2013.
102
Interviewwithapressfreedomadvocateandjournalist,Khartoum,Sudan,January16,2012.
100
SUDAN
SYRIA
2012
2013
NOT NOT
FREE FREE
23
24
25
25
36
Total (0-100)
83
85


Telecommunications infrastructure has deteriorated as a result of the armed conflict
and authorities periodically shut down internet service to thwart citizen journalism and
communications among rebel fighters (see OBSTACLES TO ACCESS).
Several users remained in prison for expressing anti-regime views or documenting
human rights violations online (see VIOLATIONS OF USER RIGHTS).
Extralegal attacks have escalated, as several online activists and citizen journalists were
attacked or killed by military units (see VIOLATIONS OF USER RIGHTS).
Several users were targeted with surveillance malware, and hacktivism against human
rights organizations, particularly by the Syrian Electronic Army, was prominent (see
SYRIA

INTRODUCTION
The regime of President Bashar al-Assad has maintained tight control over information and
communication technologies (ICTs) in Syria for many years, dominating key networks via
government-linked service providers and engaging in extensive blocking of websites. The internet
was first introduced to Syria in 2000, reaching only 30,000 users that year. By the end of 2010,
more than one-fifth of the population was online. It is in the context of such growing access that the
internet and social media have played an important role in a civic protest movement, which began
in February 2011, calling for the end of President Bashar al-Assads undemocratic rule and which,
by early 2012, had turned into a fully-fledged armed conflict.
Amidst deadly repression and barred entry to foreign correspondents, citizen journalists using
mobile phone devices and video-sharing websites have been a critical channel for informing Syrians
and the international community about events in the country. In response, government censorship
and retaliation against internet users dramatically intensified. Among the tactics employed have
been periodic shutdowns of the internet and mobile phone networks, intensified filtering of
websites, and various sophisticated means of monitoring and tracking internet users online
activities. In addition, Syria has emerged as one of the most dangerous countries in the world for
citizen journalists and bloggers, with an untold number arrested and several killed.
The role of citizen journalists has lessened, however, as the popular uprising has deteriorated into
an armed conflict. The infrastructure in at least seven major cities and provinces has been badly
damaged, with many lacking internet access and power. Traditional journalists and human rights
groups have slowly returned to northern areas of the country, which are now controlled by rebel
groups, although disparate attacks against by radical fighters have been documented. Still, areas
controlled by the opposition do enjoy a greater degree of freedom than those controlled by the
Syrian government, even if a lack of working infrastructure has limited many individuals to using
more expensive options, such as satellite internet. As the countrys internet capacity has dwindled
over the past year, the situation has become even more difficult for activists and bloggers.
OBSTACLES TO ACCESS
Syrias telecommunications infrastructure is one of the least developed in the Middle East, with
broadband connections among the most difficult and expensive to acquire.1 This dynamic only
worsened after 2011, as inflation and electricity outages increased dramatically following public
protests and the governments corresponding crackdown. Damage to the countrys
communications infrastructure has been particularly bad in the cities of Homs, Daraa, and Aleppo,
as they were subject to severe shelling by the Syrian armed forces. By the end of 2012, the
International Telecommunications Union (ITU) estimated that 24 percent of the population had
1
SyriaTelecoms,Mobile,BroadbandandForecasts,BuddeComm,accessedMarch8,2012,
http://www.budde.com.au/Research/SyriaTelecomsMobileBroadband.html.
SYRIA

access to the internet.2 However, the number of broadband subscribers tripled from last year,
reaching 378,000.3 Mobile phone penetration was notably higher, at about 61 percent of the
population at the end of 2012.4
In 2009, mobile phone companies began providing 3G services in Syria, though the number of
subscribers had reached only 80,000 by late 2010 due to the relatively high prices of almost $25 for
4 MB and $200 for unlimited data usage.5 In addition, the service is primarily only offered in large
cities. Most users connect to the internet through a fixed dial-up connection at speeds of only 256
Kbps, which severely limits their ability to download or view multimedia content. During peak
times, the speed is even slower.6 Broadband ADSL service remains limited due to the inadequate
infrastructure in rural areas and relatively high prices, which remain beyond the reach of most
Syrians. For example, according to a price list published by the Syrian Computer Society, the
monthly cost for a connection speed of 1 Mbps was SYP 1650 (approximately $30) as of May
2012,7 in a country where gross domestic product per capita, when taken on a monthly basis, is
only $274.8
The countrys connection to the international internet remains centralized and tightly controlled by
the government. This is done under the purview of the Syrian Information Organization (SIO) and
the state-owned Syrian Telecommunications Establishment (STE), which owns all fixed-line
infrastructures. The STE is a government body established in 1975 as part of the Ministry of
Telecommunications and Technology.9 This centralization has also contributed to connectivity
problems, as the weak and overburdened infrastructure often results in slow speeds and periodic
outages. In addition to its regulatory role, the STE also serves as an ISP.10 Private ISPs like Aya, as
well as mobile phone internet providers, are required to sign a memorandum of understanding to
connect via the gateways controlled by the SIO.11
At least 11 internet service providers (ISPs) have entered the market since the end of 2005, raising
the total number of ISPs to 14.12 Independent satellite connections are prohibited.13 ISPs and
2
subscriptions,fixed(wired)broadbandsubscriptions,2012,accessedAugust1,2013,http://www.itu.int/en/ITU
3
Ibid.
4
5
ProjectstotransformSyriaintoaregionalanchorpointinthecommunication[inArabic],Alhayat,September1,2010,
http://international.daralhayat.com/internationalarticle/177606;WhatareSURFPostpaidPackages?[inArabic],SURF
WirelessBroadband,accessedMarch8,2012,http://bit.ly/15EHXWb.
6
InternetEnemies,ReportersWithoutBorders,March2011,http://bit.ly/eLXGvi.
7
Servicesandprice[inArabic],SyrianComputerSocietyNetwork(SCSNET),accessedMarch31,2013 http://www.scs
net.org/portal/OurConnection/OurConnections/SCSADSL/PlansPrices/tabid/493/Default.aspx.
8
GDPpercapita(currentUS$),TheWorldBank,200812,accessedAugust1,2013,
http://data.worldbank.org/indicator/NY.GDP.PCAP.CD.
9
SeetheMinistryofTelecommunicationsandTechnologyswebsite(inArabic)at:
http://www.moct.gov.sy/moct/?q=ar/node/58.
10
SeeSTEswebsiteat:http://www.inste.gov.sy/inindex_en.html.
11
JaberBaker,InternetinSyria:experimentalgoodsandafieldofanewcontrol,WhiteandBlackMagazine,postedon
Marmaritawebsite,August10,2008,http://www.dai3tna.com/nuke/modules.php?name=News&file=article&sid=6019.
12
STEisshiftingintocompanyinJune[inArabic],Alwatan,June12,2012,http://www.alwatan.sy/dindex.php?idn=124296.
SYRIA

cybercafs must obtain approval from the STE and pass security vetting by the Ministry of Interior
and other security services.14 Moreover, cybercaf owners are required to monitor visitors and
record their activities. There are two main mobile phone providers in Syria: Syriatelowned by
Rami Makhlouf, a cousin of President Bashar al-Assadand MTN Syria, a subsidiary of the South
African company.
During 2012 and early 2013, the Syrian government has continued to obstruct connectivity through
its control of key infrastructure, at times shutting down the internet and mobile phone networks
entirely or at particularly sites of unrest. A nationwide shutdown was imposed on November 29,
2012, lasting two and a half days.15 Another nationwide shutdown was imposed in December 11,
2012.16 More localized, but longer lasting cut-offs were reported in seven provinces all across the
country. This includes, for example, a full shutdown in Aleppo on August 11, 2012.17 According to
activists, broadband is often throttled and 3G services shut off as pro-regime forces prepare to
besiege a city.18 In other instancessuch as in Daraa in March 2012the entire electrical grid has
been shut down for hours at a time. The governments deliberate use of such measures was evident
from a leaked document issued by the General Head of the National Security Office in May 2011
explicitly ordering that the internet is to be completely disconnected in Daraa, Homs, and the
eastern provinces starting on Wednesday at 14:00.19
LIMITS ON CONTENT
The Syrian government engages in extensive filtering of websites related to politics, minorities,
human rights, and foreign affairs. In recent years, censorship has expanded; the blocking of
websites related to government opposition, human rights groups, the Muslim Brotherhood, and
activism on behalf of the Kurdish minority is very common.20 The Syrian government is suspected
of possessing sophisticated technologies for filtering and surveillance, and self-censorship is highly
prevalent, particularly in areas under government control. Despite these limitations, citizen
journalists continue to make use of video-uploading sites and social networks to spread information
about human rights abuses and atrocities of war. Their role has become particularly important at a
time when traditional journalists operate in highly unsafe conditions and foreign press visas are
difficult to obtain.
13
OnlineSyria,OfflineSyrians,TheInitiativeForanOpenArabInternet,accessedMarch8,2012;OneSocialNetworkWithA
RebelliousMessage,TheInitiativeForanOpenArabInternet,accessedMarch8,2012,
http://old.openarab.net/en/node/1625.
14
AyhamSaleh,Internet,MediaandFutureinSyria[inArabic],TheSyrianCenterforMediaandFreeExpression,November
14,2006, http://bit.ly/1hfdwWl.
15
DarrenAnstee,Syriagoesdark,DDoSandSecurityReports:TheArborNetworksSecurityBlog,November29th,2012,
http://ddos.arbornetworks.com/2012/11/syriagoesdark/
16
DarrenAnstee,Snapshot:SyriasInternetdrops,returns,DDoSandSecurityReports:TheArborNetworksSecurityBlog,
December12th,2012,http://ddos.arbornetworks.com/2012/12/snapshotsyriasinternetdropsreturns/
17
NewsFromtheGround,[inArabic],Telecomix:Syria,August13,2012,http://syria.telecomix.org/
18
InterviewswithseveralactivistsinSyriawishingtoremainanonymous,August2011toMarch2012.
19
LeakedSyriandocumentshowshowAssadbannedinternetaccessandsatellitephones,TheTelegraph,June27,2011.
http://bit.ly/mLaugR.
20
InternetEnemies,ReportersWithoutBorders,March2011,http://www.reporterohne
grenzen.de/fileadmin/rte/docs/2011/110311_Internetbericht_engl.pdf,visitedonMay1,2013..
SYRIA
A range of websites related to regional politics are also inaccessible, including the prominent
London-based news outlets Al-Quds al-Arabi and Asharq al-Awsat, as well as several Lebanese online
newspapers and other websites campaigning to end Syrian influence in Lebanon. Access to the
entire Israeli top-level domain .il was also restricted. However, the websites of most international
news sources and human rights groups have remained accessible.
Censorship is implemented by the STE with the use of various commercially available software
programs. Independent reports in recent years pointed to the use of ThunderCache software,
which is capable of monitoring and controlling a users dynamic web-based activities as well as
conducting deep packet inspection.21 In 2011, evidence emerged that the Syrian authorities were
also using censorship and surveillance software manufactured by the U.S. firm Blue Coat Systems.
Blue Coat had reportedly sold 14 devices to an intermediary in Dubai, believing the equipment
would be given to the Iraqi government, but logs obtained by the hacktivist group Telecomix in
August 2011 revealed evidence of their use in Syria instead.22 In October of that year, Blue Coat
acknowledged that 13 of the above 14 devices had been redirected to the Syrian government, an
inadvertent violation of a U.S. trade embargo, and that the company was cooperating with the
relevant investigations.23 Analysis of the exposed Blue Coat logs revealed that censorship and
surveillance were particularly focused on social-networking and video-sharing websites.24 The Wall
Street Journal identified efforts to block or monitor tens of thousands of opposition websites or
online forums covering the uprising. Out of a sample of 2,500 attempts to visit Facebook, the logs
revealed that three-fifths were blocked and two-fifths were permitted but recorded.25
The Syrian government also engages in filtering of mobile phone text messages. Beginning in
February 2011, such censorship was periodically reported around dates of planned protests. In
February 2012, the news service Bloomberg reported that a series of interviews and leaked
documents revealed that a special government unit known as Branch 225 had ordered Syriatel and
MTN Syria to block text messages containing key words like revolution or demonstration. The
providers reportedly implemented the directives with the help of technology purchased from two
separate Irish firms several years earlier for the alleged purpose of restricting spam.26
The government continues to block circumvention tools, internet security software, and
applications that enable anonymous communications. Websites used to mobilize people for protests
21
Syria,OpenNetInitiative;ReportersWithoutBorders,Syria,InternetEnemies2010(Paris:ReportersWithoutBorders,
March18,2010),http://www.unhcr.org/refworld/publisher,RSF,,SYR,4c21f66e28,0.html;ThunderCacheOverview,Platinum,
Inc.,accessedAugust14,2012,http://www.platinum.sy/index.php?m=91.
22
AndyGreenberg,MeetTelecomix,TheHackersBentonExposingThoseWhoCensorandSurveilTheInternet,Forbes,
December26,2011,http://www.forbes.com/sites/andygreenberg/2011/12/26/meettelecomixthehackersbentonexposing
thosewhocensorandsurveiltheinternet/.
23
BlueCoat,UpdateonBlueCoatDevicesinSyria,newsstatement,December15,2011,
http://www.bluecoat.com/company/news/statementsyria.
24
BlueCoatdevicelogsindicatedthelevelsofcensorshipinSyria,Hellias.github.com,accessedAugust14,2012,
http://hellais.github.com/syriacensorship/.
25
JenniferValentinoDevries,PaulSonne,andNourMalas,U.S.FirmAcknowledgesSyriaUsesItsGeartoBlockWeb,Wall
StreetJournal,October29,2011,http://online.wsj.com/article/SB10001424052970203687504577001911398596328.html.
26
BenElginandVernonSilver,SyriaDisruptsTextMessagingofProtestersWithMadeinDublinEquipment,Bloomberg,
February14,2012,http://www.bloomberg.com/news/20120215/syriablockstextswithdublinmadegear.html.
SYRIA

or resistance against the regime, including pages linked to the network of Local Coordination
Committees (LCCs) that have emerged, continued to be blocked as of May 2013.27 An online
initiative to gather information and raise public awareness, the Mondaseh website, also remains
blocked. 28
Facebook remained accessible in Syria after the government lifted a four-year block on the socialnetworking site in February 2011. The video-sharing website YouTube was also unblocked,
although it was not usable from mobile phone devices due to limits on data speeds.29 As of March
2012, both were within the top-five most visited websites in the country (more recent data is not
available).30 Some activists suspected, however, that rather than a sign of openness, the regimes
motive for unblocking the sites was to track citizens online activities and identities. Other social
media platforms like Twitter are freely available, although the presence of Syrian users on them is
minimal.
Despite the free access to Facebook and YouTube, a range of other Web 2.0 applications remain
inaccessible in Syria, including the blog-hosting platform Blogger and the VoIP service Skype. In
February 2012, the government also began restricting access to certain applications for mobile
phone devices that activists had been using to circumvent other blocks. Additionally, other
applications reportedly blocked were the live video-streaming service Bambuser31 and WhatsApp,
an application that allows users to send mobile phone text messages via the internet.32 Instant
messenger services such as eBuddy, Nimbuzz, and mig33 have been blocked as well. In other cases,
certain online servicessuch as Google Maps or the photo-sharing tool Picasahave been
rendered inaccessible from Syria by their U.S.-based service providers due to restrictions related to
economic sanctions against the country.33
Decisions surrounding online censorship lack transparency and ISPs do not publicize the details of
how blocking is implemented or which websites are banned, though government officials have
publicly admitted engaging in internet censorship. When a user seeks to access a blocked website,
an error message appears implying a technical problem rather than deliberate government
restriction. Decisions on which websites or keywords should be censored are made by parts of the
security apparatus, including the abovementioned Branch 225, or by the executive branch.
In an environment of extreme violence and arbitrary red lines, self-censorship is widespread.
Sensitive topics include criticizing President Assad, his late father, the military, or the ruling Baath
27
LCCswebsite:http://www.lccsyria.org/en/
TheSyrian,theEnglishpageisavailableat:http://english.thesyrian.com/
29
InterviewwithactivistinSyriawishingtoremainanonymous,December2011.
30
TopSitesinSY,Alexa.com,accessedAugust14,2012,http://www.alexa.com/topsites/countries/SY.
31
BambusernowblockedinSyria,Bambuser(blog),February17,2012,http://bit.ly/xu2HpI.
32
StuartThomas,SyriangovernmentblocksaccesstoWhatsApp,Memeburn.com,March3,2012,
http://memeburn.com/2012/03/syriangovernmentblocksaccesstowhatsapp/.
33
OnMay23,2012,GoogleannouncedthatitmadeGoogleEarth,PicasaandChromeavailablefordownloadinSyria.Yet,
GooglesaidthatAsaU.S.company,weremaincommittedtofullcompliancewithU.S.exportcontrolsandsanctions.
ActivistsandinternetusersinSyriadescribeGooglesstepasinsufficient,sayingthattherearetensofGoogleservicesstill
blockedinSyriaincludingtheentireGooglePlayAppstoreonAndroidphones.See,SoftwaredownloadsinSyria,Official
GoogleBlog,May23,2012,http://googleblog.blogspot.com/2012/05/softwaredownloadsinsyria.html?m=1.
28
SYRIA

party. Publicizing problems faced by religious and ethnic minorities or corruption allegations
related to the ruling family, such as those of Assads cousin Rami Makhlouf, are also off limits. Most
Syrian users are careful not only to avoid such sensitive topics when writing online, but also to
avoid visiting blocked websites.34 However, the period of May 2012 to April 2013 witnessed a
large number of local Syrian users expressing opposition to Assad, his father, Makhlouf, the Baath
party, and certain ethnic or sectarian groups.35
Pro-regime forces have employed a range of tactics to manipulate online content and discredit news
reports or those posting them, though it is often difficult to directly link those who are carrying out
these activities with the government. Most notable has been the emergence of the Syrian Electronic
Army (SEA) since April 2011, a pro-government hacktivist group that targets the websites of
opposition forces and human rights websites, often shutting them down (see Violations of User
Rights). For news websites and other online forums based in the country, it is common for writers
to receive phone calls from government officials offering directions for how to cover particular
events.36 The Syrian government also pursues a policy of supporting and promoting websites that
publish pro-government materials in an attempt to popularize the states version of events. These
sites typically cite the reporting of the official state news agency SANA, with the same exact
wording often evident across multiple websites. Since early 2011, this approach has also been used
to promote the governments perspective about the uprising and subsequent military campaign.37
Social media has played a crucial role in the Syrian uprising, though its primary utility has been
information sharing rather than planning street protests. The Syrian Revolution 2011 Facebook
page, which by March 2013 had over 750,000 members from both inside and outside the country,
has been a vital source of information for dissidents.38 As the Syrian government shifted to the use
of heavy arms and missiles against opposition fighters, the role of citizen journalists has shifted from
live event coverage to documenting the bloody aftermath of an attack. Several YouTube channels
belong to armed rebels, particularly Islamist groups. Both Facebook and YouTube have removed
content related to the Syrian uprising, mainly due to content that promotes violence or contains
graphic content, such as videos of torture or killing. Hundreds of thousands of videos have been
posted to YouTube by citizen journalists, mostly documenting attacks. A Syrian group working on
categorizing YouTube videos and sharing them via a platform called OnSyria had posted almost
200,000 videos as of April 2013.39

Syria's constitution provides for freedom of opinion and expression, but these are severely
restricted in practice, both online and offline. Furthermore, a handful of laws are used to prosecute
34
EmailcommunicationfromaSyrianblogger.Namewashidden.
Interview,viaSkype,withaSyrianactivist.Damascus.November2012.Nameishidden.
36
GuyTaylor,AftertheDamascusSpring:Syrianssearchforfreedomonline.
37
GuyTaylor,AftertheDamascusSpring:Syrianssearchforfreedomonline.
38
TheSyrianRevolution2011FacebookStatistics,Socialbakers.com,accessedMarch31,2013,
http://www.socialbakers.com/facebookpages/420796315726thesyrianrevolution2011.
39
Seehttp://onsyria.org/
35
SYRIA

online users who express their opposition to the government. Citizen journalists and YouTube
users are detained and often tortured by both government forces and, at times, rebel fighters.
Surveillance tools are used to identify and harass those who oppose the Assad government, often
through targeted malware attacks against their computer systems and online accounts. Finally, the
websites of opposition groups and human rights organizations are consistently targeted with
cyberattacks from hackers linked to the government.
Laws such as the penal code, the 1963 State of Emergency Law, and the 2001 Press Law are used to
control traditional media and arrest journalists or internet users based on vaguely worded terms
such as threatening national unity or publishing false news that may weaken national
sentiment.40 Defamation offenses are punishable by up to one year in prison if comments target the
president and up to six months in prison for libel against other government officials, including
judges, the military, or civil servants.41 The judiciary lacks independence and its decisions are often
arbitrary. Furthermore, some civilians have been tried before military courts.
Since anti-government protests broke out in February 2011, the authorities have detained hundreds
of internet users, including several well-known bloggers and citizen journalists. However, many of
those targeted are not known for their political activism, making the reasons behind their arrest
often unclear. This arbitrariness has raised fears that users could be arrested at any time for even the
simplest online activitiesposting on a blog, tweeting, commenting on Facebook, sharing a photo,
or uploading a videoif it is perceived to threaten the regimes control. Veteran blogger Ahmad
Abu al-Khair was taken into custody in February 2011 while traveling from Damascus to Banias and
was later to released, though he has remained in hiding.42 More recently, in an effort to pressure alKhair to turn himself in, security forces have twice detained his brother, once for a period of 60
days.43 Bassel Khartabil, an open source activist and recipient of the 2013 Index on Censorship
Digital Freedom Award, remains in prison after he was taken by authorities without explanation in
March 2012.44
Human rights activists who work online are also targeted by the government. Authorities raided the
offices of the Syrian Center for Media and Freedom of Expression (SCM) in February 2012,
arresting 14 employees.45 SCM member and civil rights blogger Razan Ghazzawi46 was released
after 22 days in detention and fled to Sweden.47 Five members remain in prison and face up to 15
years for publicizing terrorist acts over their role in documenting human rights violations by the
40
Articles285,286,287oftheSyrianPenalCode.
Article378oftheSyrianPenalCode.
42
AnasQtiesh,SyrianBloggerAhmadAbualKhairArrestedThisMorning,GlobalVoicesOnline,February20,2011,
http://advocacy.globalvoicesonline.org/2011/02/20/syrianbloggerahmadabualkhairarrestedthismorning/.
43
EmailcommunicationwithactivistinSyriawhowishedtoremainanonymous,April2012.
44
WilliamEchikson,Supportingfreedomofexpressioninallforms,GoogleEuropeBlog,March23,2013,
http://googlepolicyeurope.blogspot.co.uk/2013/03/supportingfreedomofexpressioninall.html.
45
MahaAssabalani,Mycolleaguesareinprisonforfightingforfreeexpression,UNCUTIndexonCensorship,May11,2012,
http://uncut.indexoncensorship.org/2012/05/mycolleaguesareinprisonforfightingforfreeexpression/.
46
JaredMalsin,PortraitofanActivist:RazanGhazzawi,theSyrianBloggerTurnedExile,Time,April2,2013,
http://world.time.com/2013/04/02/portraitofanactivistmeetrazanghazzawithesyrianbloggerturnedexile/.
47
AninterviewwithSyrianbloggerviaSkype.February2013,nameishidden.
41
SYRIA

Syrian regime.48 The organizations founder and director, Mazen Darwich, remained in
incommunicado detention as of March 2013. 49
Once in custody, citizen journalists, bloggers, and other detainees reportedly suffered severe
torture on behalf of government authorities. Although the precise number is unknown, it is
estimated that dozens of individuals have been tortured to death for filming protests or abuses and
then uploading them to YouTube.50 In some cases, the Syrian army appeared to deliberately target
online activists and photographers all across the country. In one high-profile case from February
2012, Anas al-Tarsha, a videographer who documented unrest in the besieged city of Homs, was
killed by a mortar round while filming the bombardment of the city's Qarabees District.51 At least
five of the citizen journalists who worked for the Damascus-based Shaam News Network, whose
videos have been used extensively by international news organizations, were killed during 2012 and
early 2013. Among them were Ghaith Abd al-Jawad and Amr Badir al-Deen Junaid, both from
Qaboun Media Center, a group of opposition citizen journalists who film clashes in the
neighborhood of Qaboun and publish the unattributed videos online.52 In response to such
brutality, hundreds of activists have gone into hiding and dozens have fled the country, fearing that
arrest may not only mean prison, but also death under torture.53
Attacks on activists and citizen journalists were not limited to Syrian government forces. The Free
Syrian Army (FSA), the opposition armed movement, have committed many attacks on
videographers and citizen journalists, mainly in the suburbs of Aleppo. Since the liberation of
Aleppo province, activists and photographers were targeted by FSA fighters more than they were
targeted by the Syrian government.54 Further, Al Nusra Front (Jabhat al Nusra), a group of armed
extremists, have arrested tens of young citizen journalists for weeks, and in one incident, opened
fire on them for filming a protest in Bostan al Qaser in Aleppo.55
Competition among activists has also led to violations against each other. In one case, a citizen
journalist used armed thugs to kidnap the administrator of a competing Facebook page for media
groups, aiming to shut it down. The victim sought help from another armed group, who, in turn,
abducted the first individual. Both of the kidnapped group administrators were beaten to provide
passwords of their Facebook accounts. Eventually, both men were released.56
Anonymous communication is possible online but increasingly restricted. Registration is required
upon purchasing a cell phone, though over the past year, activists have begun using the SIM cards of
48
Syrianfreespeechadvocatesfaceterrorismcharges,IndexonCensorship,May17,2013,
http://www.indexoncensorship.org/2013/05/syriatherearenotenoughprisonsforthefreeword/.
49
SkypeinterviewwithSyrianactivist,March2013.Thenameishidden.
50
InterviewviaSkypewithA.A,HumanRightsLawyerinDamascus,December12,2011.Nameishidden.
51
CommitteetoProtectJournalists,AnasalTarsha,February24,2012.http://www.cpj.org/killed/2012/anasaltarsha.php,
visitedonDecember2012.
52
CommitteetoProtectJournalists,GhaithAbdalJawad,March10,2013,availableathttp://www.cpj.org/killed/2013/ghaith
abdaljawad.php,visitedMarch31,2013.
53
InterviewswithtwophotographerswhohavetakenrefugeinTurkey,December2011.
54
InterviewwithactivistfromAleppo,viaSkype,January2013.Nameishidden.
55
InterviewwithlawyerfromAleppo.Istanbul,Turkey.January2013.Nameishidden.
56
Theauthorhelpedmediatethiscase,whichoccurredintheDamascussuburbanareainFebruary2013.Namesarehidden.
SYRIA

friends and colleagues killed in clashes with security forces in order to shield their identities. Cell
phones of neighboring countries like Turkey and Lebanon have been widely used during 2012 and
2013, notably by Free Syrian Army fighters. Meanwhile, activists and bloggers released from
custody reported being pressured by security agents to provide the passwords of their Facebook,
Gmail, Skype, and other online accounts.57
The Law for the Regulation of Network Communication against Cyber Crime, passed in February
2012, requires websites to clearly publish the names and details of the owners and administrators.58
The owner of a website or online platform is also required to save a copy of their content and
traffic data to allow verification of the identity of persons who contribute content on the network
for a period of time to be determined by the government.59 Failure to comply may cause the
website to be blocked and is punishable by a fine of between SYP 100,000 and 500,000 ($1,700 to
$8,600). If the violation is found to have been deliberate, the website owner or administrator may
face punishment of three months to two years imprisonment as well as a fine of SYP 200,000 to 1
million ($3,400 to $17,000).60 As of April 2013, however, the authorities were not vigorously
enforcing these regulations.
Surveillance is widespread in Syria, as the government capitalizes on the centralized internet
connection to intercept user communications. In early November 2011, Bloomberg reported that in
2009 the Syrian government had contracted Area SpA, an Italian surveillance company, to equip
them with an upgraded system that would enable interception, scanning, and cataloging of all email, internet, and mobile phone communication flowing in and out of the country. According to
the report, throughout 2011, employees of Area SpA had visited Syria and began setting up the
system to monitor user communications in near real-time, alongside graphics mapping users
contacts.61 The expos sparked protests in Italy and, a few weeks after the revelations, Area SpA
announced that it would not be completing the project.62 No update is available on the projects
status or whether any of the equipment is now operational.
In a potential indication that the Syrian authorities were seeking an alternative to the incomplete
Italian-made surveillance system, in March 2012 reports emerged of sophisticated phishing and
malware attacks targeting online activists. The U.S.-based Electronic Frontier Foundation (EFF)
reported that malware called Darkcomet RAT and Xtreme RAT had been found on activists
computers and were capable of capturing webcam activity, logging keystrokes, stealing passwords,
57
Interviewswithreleasedbloggers,nameswerehidden.
Lawoftherulerstocommunicateonthenetworkandthefightagainstcybercrime[inArabic],Articles512,accessed
March8,2012,http://www.sana.sy/ara/2/2012/02/10/pr399498.htm(sitediscontinued).InformalEnglishtranslation:
https://telecomix.ceops.eu/material/testimonials/20120208AssadnewlawonInternetregulation.html.
59
Lawofcommunicatingonthenetworkandfightingagainstcybercrime[inArabic],Article2,accessedMarch8,2012,
http://www.sana.sy/ara/2/2012/02/10/pr399498.htm.
60
Lawofcommunicatingonthenetworkandfightingagainstcybercrime[inArabic],Article8,accessedMarch8,2012,
http://www.sana.sy/ara/2/2012/02/10/pr399498.htm.Englishtranslation:
https://telecomix.ceops.eu/material/testimonials/20120208AssadnewlawonInternetregulation.html.
61
BenElginandVernonSilver,SyriaCrackdownGetsItalyFirmsAidWithU.S.EuropeSpyGear,Bloomberg,November3,
2011,http://www.bloomberg.com/news/20111103/syriacrackdowngetsitalyfirmsaidwithuseuropespygear.html.
62
VernonSilver,ItalianFirmSaidToExitSyrianMonitoringProject,Bloomberg,November28,2011,
http://www.bloomberg.com/news/20111128/italianfirmexitssyrianmonitoringprojectrepubblicasays.html.
58
SYRIA

and more. Both applications sent the data back to the same IP address in Syria and were circulated
via e-mail and instant messaging programs.63 Later, EFF reported the appearance of a fake YouTube
channel carrying Syrian opposition videos that requested users login information and urged them
to download an update to Adobe Flash, which was in fact a malware program that enabled the
stealing of data from their computer. Upon its discovery, the fake site was taken down.64
Cyberattacks have become increasingly common in Syria since February 2011, responding to the
growing circulation of anti-Assad videos and other content online. Most notable has been the Syrian
Electronic Army (SEA), a hacktivist group that emerged in April 2011. Though the groups precise
relationship to the regime is unclear, evidence exists of government links or at least tacit support.
These include the SEA registering its domain65 in May 2011 on servers maintained by the Assadlinked Syrian Computer Society,66 a June 2011 speech in which the president explicitly praised the
SEA and its members,67 and positive coverage of the groups actions in state-run media.68
The SEAs key activities include hacking and defacing Syrian opposition websites and Facebook
accounts, as well as targeting Western or other news websites perceived as hostile to the regime.
However, some foreign websites from the academic, tourism, or online marketing sectors have also
been targeted.69 On March 17, 2013, the SEA hacked the website and Twitter feed of Human
Rights Watch, redirecting to the SEA homepage.70 The Mondaseh website was also hacked by the
SEA in early January 2012.71 The SEA is known to post private information, such as the phone
numbers and addresses of anti-government activists, onto its Facebook pages.72 Most of these pages
have subsequently been closed by Facebook for violating its terms of use. However, progovernment media outlets continued to publish hacked e-mails from opposition figures.
63
EvaGalperinandMorganMarquisBoire,HowtoFindandProtectYourselfAgainsttheProSyrianGovernmentMalwareon
YourComputer,ElectronicFrontierFoundation,March5,2012,http://bit.ly/xsbmXy.
64
EvaGalperinandMorganMarquisBoire,FakeYouTubeSiteTargetsSyrianActivistsWithMalware,ElectronicFrontier
Foundation,March15,2012,https://www.eff.org/deeplinks/2012/03/fakeyoutubesitetargetssyrianactivistsmalware.
65
TheSyrianElectronicArmy,http://syrianes.com/.
66
HaroonSiddiqueandPaulOwen,Syria:ArmyretakesDamascussuburbs,MiddleEastLive(blog),TheGuardian,January30,
2012,http://www.guardian.co.uk/world/middleeastlive/2012/jan/30/syriaarmyretakesdamascussuburbs.
67
SpeechofH.E.PresidentBasharalAssadatDamascusUniversityonthesituationinSyria,officialSyriannewsagency
(SANA),June21,2011,http://www.sana.sy/eng/337/2011/06/21/353686.htm.
68
Seepositivecoverageonstaterunwebsites[inArabic]:Thawra.alwedha.gov.sy,May15,2011,
http://thawra.alwehda.gov.sy/_print_veiw.asp?FileName=18217088020110516122043;Wehda.alwedha.gov.sy,May17,2011,
http://wehda.alwehda.gov.sy/_archive.asp?FileName=18235523420110517121437.
69
HelmiNoman,TheEmergenceofOpenandOrganizedProGovernmentCyberAttacksintheMiddleEast:TheCaseofthe
SyrianElectronicArmy,OpenNetInitiative,accessedAugust14,2012,http://opennet.net/emergenceopenandorganized
progovernmentcyberattacksmiddleeastcasesyrianelectronicarmy.
70
MaxFisher,SyriasproAssadhackersinfiltrateHumanRightsWatchWebsiteandTwitterfeed,TheWashingtonPost,
March17,2013.http://wapo.st/1eU9nKI.
71
SeeYouTubevideobySEAcelebratingthehacking:http://www.youtube.com/watch?v=48q34HlIBOk.
72
ZeinaKaram,SyrianElectronicArmy:CyberWarfareFromProAssadHackers,HuffingtonPost,September27,2011,
http://www.huffingtonpost.com/2011/09/27/syrianelectronicarmy_n_983750.html.
SYRIA
THAILAND
2012

Total (0-100)
2013
NOT PARTLY
FREE FREE
11
21
29
61
10
21
29
60

Thai courts issued 161 orders to block 21,000 URLs in 2012, many for criticizing the
monarchy (see LIMITS ON CONTENT).
A court fined Chiranuch Premchaiporn and gave her a suspended jail term for failing to
delete anti-royal user comments from her news website Prachatai (see VIOLATIONS OF
USER RIGHTS).
Sexagenarian Ampol Tangnopakul died in May 2012 while jailed for anti-royal texting
after a court denied medical parole (see VIOLATIONS OF USER RIGHTS).
A cabinet directive implemented in mid-2012 put Computer-related Crimes Act cases
under the jurisdiction of the Department of Special Investigation, which can intercept
electronic communications without a court order (see VIOLATIONS OF USER RIGHTS).
Activists petitioned lawmakers to reform lse-majest laws via social media, sparking
unprecedented public debate (see LIMITS ON CONTENT).
Free government-sponsored Wi-Fi hotspots helped improve access nationwide (see
THAILAND

INTRODUCTION
Thai citizens have been posting online commentary since the internet was commercialized in 1995,1
but digital communication took on a particularly significant role after the 2006 military coup. Since
then, both the red-shirt supporters of former Prime Minister Thaksin Shinawatra and their royalist,
yellow-shirt opponents have utilized online resources to mobilize constituents, contributing to the
democratic election of the Pheu Thai Party and Thaksins sister, Yingluck Shinawatra, as prime
minister in July 2011.
Thailands worst limitations on content and violations of user rights occur under computer crimes
laws enacted after the coup, and oppressive lse-majest provisions in the penal code, which
criminalize criticism of the nations revered monarchy. The state has blocked tens of thousands of
individual websites and social media pages, and imprisoned several people for disseminating
information and opinion online or via mobile phone under these laws. Anyone can lodge a lsemajest complaint against anyone else in Thailand, opening the door for various actors to use the
charges against political opponents or to curb civic advocacy in a highly polarized political
environment.
Those expecting that Shinawatra would loosen internet restrictions have been disappointed.
Censorship has continued and even become more institutionalized since she took office. Vaguelyworded legislation and lax adherence to due process has led to disproportionately harsh
punishments given to ordinary users based on questionable evidence. In May 2012, news website
administrator Chiranuch Premchaiporn was fined and given a suspended jail term for failing to
delete comments left by readers in a verdict even the judge called unfair. She was luckier than
Ampol Tangnopakul, who died in prison the same month. A court imprisoned him for 20 years in
2011 for sending anti-royal text messages from his mobile phonethough the 61-year-old denied
knowing how to use SMS.
While content restrictions and legal harassment particularly in these two widely-reported
casesincrease self-censorship in online discussions, they also serve to further politicize the
monarchy in the eyes of many Thais, and sparked serious civic efforts to promote lse-majest
reform in 2012 and 2013. They have also inspired a burgeoning movement of politically conscious
internet users, who favor greater protections for internet freedom.
OBSTACLES TO ACCESS
Declining prices, increased demand for alternative sources of information, and social networking
tools are enticing Thais to spend more time online, and internet penetration was at 27 percent in
1
PhansasiriKularb,CommunicatingtotheMassonCyberspace:FreedomofExpressionandContentRegulationonthe
Internet,inStateandMediainThailandDuringPoliticalTransition,ed.ChavarongLimpattanapaneeandArnaudLeveau
(Bangkok:InstitutedeRecherchesurlAsieduSudEstContemporaine,2007).
THAILAND

2012.2 Mobile telephony is more widespread, with penetration topping 120 percent, indicating
some citizens own more than one device.3
In households with internet access, 56 percent used fixed broadband connections while 15 percent
relied on a modem in 2012, official figures show. Thailand suffers from an urban-rural connectivity
divide: nearly 40 percent of internet users are based in major cities, twice the percentage of users
based in rural areas.4
The government has been slow to improve the fixed-line infrastructure and boost the development
of ICTs, even though lessening the digital divide was a notable part of the Pheu Thai partys
platform ahead of the July 2011 elections. This was due in part to the extensive flooding that struck
Thailand in October 2011, the worst in decades. Internet penetration rose by only 2 percent in
2011 and 3 percent in 2012.5 This is expected to change in 2013 under the governments Smart
Network policy, which aims to expand access to 95 percent of the population by 2020.6 The
National Broadcasting and Telecommunications Commission (NBTC) has approved a THB 950
million ($31,980,000) budget for a Ministry of Information and Communication Technology
(MICT) project, ICT Free Wi-Fi, to add 300,000 internet access points across Thailand in 2013
in cooperation with service providers.7 Northern Chiang Mai province is undergoing a similar pilot
scheme sponsored by telecommunications giant TRUE.8 The government also plans to implement
free hi-speed internet access in public places such as schools and hospitals. Internet users can get
online for free at many public access points by registering for an account through a website run by
government agencies in cooperation with telecommunications companies.9
Partly as a result of efforts like this, official 2012 figures state 44 percent of Thai internet users paid
nothing for access, and another 25 percent paid less than THB 200 ($6.73) a month.10 These figures
counted individuals using free public access; in households paying for monthly service, most paid
THB 600-799 ($19-26). Connections reportedly function at speeds around 12 Mbps,11 most
reliably in the greater Bangkok area. In past years, users complained that connections were slower
2
3
InternationalTelecommunicationUnion,MobileCellularTelephoneSubscriptions,20002012.Seealso,National
BroadcastingandTelecommunicationsCommission,ThailandICTInfo,accessedJanuary13,2013,
http://www2.nbtc.go.th/TTID/mobile_market/subscribers/.
4
NationalStatisticalOffice,InformationandCommunicationTechnologySurveyinHousehold,2012,
http://web.nso.go.th/en/survey/ict/ict_house12.htm.
5
NationalBroadcastingandTelecommunicationsCommission,ThailandICTInfo,accessedJanuary2013,
http://www2.nbtc.go.th/TTID/mobile_market/subscribers/.
6
AsinaPornwasin,SmartThailandProjectonTrack,TheNation,February28,2012,
http://www.nationmultimedia.com/technology/SMARTTHAILANDPROJECTONTRACK30176841.html.
7
NBTCIssuesFundsforFreeWiFi,BangkokPost,January17,2013,
http://www.bangkokpost.com/breakingnews/331263/nbtcissuesfundsforfreewifi.
8
ICTFreeWiFibyTRUEWithUpto15HoursUsageperMonth,Truemove,accessedJanuary2013,
http://truemoveh.truecorp.co.th/activity/entry/632?ln=enhttp://truemoveh.truecorp.co.th/activity/entry/632?ln=en
9
RegisterforFreeWiFibyTOTandMICT,accessedApril,2013,http://vip.totwifi.com/ictnakhonratchasima/regis.php.
10
NationalStatisticalOffice,InformationandCommunicationTechnologySurvey.Asecondofficialsurveyofnearly24,000
internetusersfound35percentofrespondentsusingfreeservice.See,Thailand'sInternetUserstoDouble,BangkokPost,
July4,2013,http://www.bangkokpost.com/breakingnews/358289/thailandinternetuserstodoubleto52millionin2013.
11
DownloadIndex,NetIndex,accessedJune21,2012,http://www.netindex.com/download/2,23/Thailand/.
THAILAND

than advertised. However, in late 2012 and early 2013, there was no official information about user
complaints, and anecdotally, speeds appeared to have improved.
Mobile phone ownership is also more common in municipalities, with penetration higher in
Bangkok and other cities than in rural areas.12 The NBTC regulated maximum service rates for
inland voice service via mobile phone in 2011. As of April 2012, service providers are not allowed
to charge more than an average THB 0.99 ($0.03) per minute; existing contracts had to be adjusted
to match these rates by January 1, 2013.13 While SMS messaging is popular, the percentage of
people accessing the internet via mobile phone is less than 10 percent.14
Smartphone use is expected to change this. By late 2011, sales of smartphones surpassed those of
feature phones for the first time and an estimated four million people subscribed to internetcapable third-generation (3G) services. Declining costssmartphones averaged THB 3,000 ($100)
each in early 2012are accelerating this trend.15 While political and legal disputes have repeatedly
delayed the licensing process for 3G mobile phone service and wireless broadband, the NBTC
granted three corporations, Advanced Info Service, DTAC Network and Real Future, 15-year
licenses to provide users with 2.1GHz and 3G service in December 2012,16 which is expected to
drive mobile phone penetration to 130 percent in 2016.17 The licenses are conditional on providers
reducing service costs by 15 percent, increasing geographical coverage to 80 percent in 4 years,
maintaining connection speeds specified by the NBTC, and protecting the rights of consumers.18
The government has also tried to improve access to devices and hardware through projects like the
MICTs One Tablet per Child, which aims to distribute free tablets loaded with education
software to all first-year primary school students.19 Critics argue the program distracted public
attention away from other factors affecting education, such as poor teacher performance.20
In recent years, the Thai telecommunications market has liberalized and diversified. Out of nine
National Internet Exchanges that connect to the international internet, the government-run
Communication Authority of Thailand (CAT) Telecom operates two, including the countrys
12
NationalStatisticalOffice,InformationandCommunicationTechnologySurvey.
HowWilltheAdjustmentinMobilePhoneServiceFeeinThailandAffecttheServiceProvider?,PhoenixCapitalGroup,
January29,2013,http://www.thephoenixcapitalgroup.com/howwilltheadjustmentinmobilephoneservicefeeinthailand
affecttheserviceproviders/.
14
NationalStatisticalOffice,InformationandCommunicationTechnologySurvey.
15
SuchitLeesanguansuk,SmartphonestoRuletheRoost,BangkokPost,May15,2012,
http://www.bangkokpost.com/business/telecom/293824/smartphonestoruleroost.
16
SirivishToomgum,NBTCclearslegalhurdle,readytoissue3Glicences,TheNation,December4,2012,
http://www.nationmultimedia.com/business/NBTCclearslegalhurdlereadytoissue3Glicence30195554.html.
17
BusinessMonitorInternational,ThailandTelecommunicationsReportQ42012,
http://www.marketresearch.com/BusinessMonitorInternationalv304/ThailandTelecommunicationsQ47147954/;and
ThailandTelecommunicationsReportQ32012,June12,2012,http://www.marketresearch.com/BusinessMonitor
Internationalv304/ThailandTelecommunicationsQ37027556/.
18
KomsanTortermvasana,3GRulesSimplified,N1RuleScrapped,BangkokPost,April11,2012,
http://www.bangkokpost.com/lite/topstories/288345/3grulessimplifiedn1rulescrapped
19
InternationalTelecommunicationUnion,OneTabletperChildPolicy:SteppingUpEducationReforminThailand,January
18,2013,http://bit.ly/1azRf3G.
20
LetThemEatTablets,Economist,July16,2012,http://www.economist.com/node/21556940.
13
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largest.21 As of mid-2012, there were over 100 ISPs with active licenses, though 10 provided most
of the connection services for individual consumers and households.22 Among them, True
Interneta subsidiary of the communications conglomerate True Corporation, which also controls
Thailand's third-largest mobile phone operator True Movehad a 40 percent share of the highspeed internet market by March 2013;23 the state-owned Telephone Organization of Thailand
controlled 33 percent in late 2012,24 while the private 3BB controlled 28 percent.25 The three main
mobile phone service providers are the Singaporean-owned Advanced Info Service, the Norwegiancontrolled DTAC, and True Corporations True Move. The first two operate under concessions
from TOT and CAT, an allocation system that does not entirely enable free-market competition.
Legislation creating a single regulatory body for both the broadcast and telecommunications sectors
passed parliament in late 2010. After a long and dispute-filled selection process, the senate
appointed the members of the new NBTC in September 2011. From among the 11 commissioners,
5 are from the military, reflecting the armys deep interests in the communications sector. The
remaining members are three former bureaucrats, two civil society representatives, and one police
officer.26 Some observers have complained that the NBTC lacks commissioners with industry
experience that the regulatory structure is incapable of dealing with converging communications
platforms, and that coordination across different parts of the commission is weak.27 Despite these
shortcomings, the NBTCs decisions and proposed plans regarding the telecommunications sector
thus far are largely viewed as fair.28
LIMITS ON CONTENT
In 2012, Thai courts blocked almost 21,000 URLs, including thousands for anti-royal content. Just
5,000 URLs had been blocked the previous year. In a new development, however, activists
effectively used digital tools to drive public debate on lse-majest. While petitions demanding
reform have yet to see concrete results, the support and media coverage they attracted were
unprecedented. Manipulation of online debate by paid commentators declined, a sign that the
activity observed in 2011 was probably tied to the election campaigns.
Restrictions on content have expanded in recent years in both scale and scope, although the Thai
government has been blocking some internet content since 2003, when it implemented controls on
21
InternetInformationResearchNetworkTechnologyLab[inThai],NationalElectronicsandComputerTechnology,accessed
July2013,http://internet.nectec.or.th/webstats/internetmap.current.iir?Sec=internetmap_current.
22NBTC,ListofLicensedTelecommunicationsBusinesses[inThai],accessedJuly2013,http://apps.nbtc.go.th/license/.
23
TRUEInvestTenThousandMilliontoIncreaseMarketShare[inThai],Jasmine,March30,2013,
http://www.jasmine.com/news_industry_detail_th.asp?ID=2805.
24
BothCATTelecomandTOTaresupervisedbytheMICT.
25
NBTC,TelecommunicationMarketReportQ32012[inThai],http://bit.ly/19NLMEi.
26
UsaneeMongkolporn,StrongMilitaryRoleinNBTC,TheNation,September6,2011,
http://www.nationmultimedia.com/home/StrongmilitaryroleinNBTC30164583.html.
27
DonSambandaraksa,ThaiRegulatorLacksUnity,Telecomasia(blog),October7,2011,
http://www.telecomasia.net/blog/content/thairegulatorlacksunity.
28
KomsanTortermvasana,NBTCApprovesSpectrum,BroadcastingMasterPlans,BangkokPost,March22,2012,
http://www.bangkokpost.com/business/telecom/285448/nbtcapprovesspectrumbroadcastingmasterplan.
THAILAND

pornography and gaming, among other topics.29 The new administration has maintained vigilant
monitoring of anti-royal content and extended censorship to popular social media platforms.30
Government bodies monitor online content and enforce censorship through court orders under the
2007 Computer-related Crime Act (CCA),31 and extrajudicial blocking decisions by the executive
branch. Online censorship is also conducted through preemptive action by ISPs and content hosts,
whose cooperation is ensured because they can be held legally responsible for comments posted by
third parties.32 The 2012 conviction of the director and administrator of the Prachatai news website
for failing to delete user comments in 2008 (see Violations of User Rights) is expected to increase
intermediary compliance with official censorship orders, though this is difficult to measure in
practice. Court orders are almost always granted with minimal deliberation and little indication of
which content was deemed to violate the law. As a result, website blocking lacks transparency,
since the precise list of inaccessible sites is not available to the public. In addition, officials may
inflate the figures for political purposes, according to one MICT source.33
Shinawatras government has bolstered its monitoring capabilities in relation to lse-majest
crimes. An MICT committee in charge of official website censorship established in 2010 is now
chaired by one of her former deputy prime ministers, Chalerm Yoobamrung.34 In 2011, local news
reports criticized Chalerm for seeking a THB 400 million ($13.46 million) budget for the purchase
of internet content filtering and monitoring equipment capable of censoring overseas websites
without cooperation from foreign ICTs to help enforce lse-majest content restrictions.35 The
status of that budget is not known. The Technology Crime Suppression Division under the Royal
Thai Police36 and the MICT Cyber-Security Operation Center (CSOC) established under
Shinawatra in December 2011 are also tasked with monitoring and curbing the circulation of lsemajest content.37 Media reports describe the police body as several dozen computer technicians
scouring thousands of websites, manually and with automated crawlers, for insults to the royal
family.38 The CSOC is an upgrade of a 2010 entity called the Internet Security Operation Center,
but its precise mandate and activities remain unclear.39
29
KarnjanaKarnjanatawe,GovtForcesISPstoBlock`Inappropriate'WebSites,BangkokPost,July9,2003,accessibleat
NARCHIVENewsgroupArchive,http://bit.ly/19eoIgS.
30
MICT:MoreCyberOffenderstobeArrestedSoon,Prachatai,December3,2011,http://bit.ly/1fRKJt6.
31
JournalistssometimesrefertoitastheComputerCrimeAct.
32
ISPsdonotpubliclyacknowledgesuchcooperation,butitiswidelyacceptedbyfreedomofexpressionadvocates.
33
Somecountedduplications,sothatasinglearticlesharedbyteninternetuserswouldbecountedeleventimes.Interview
withmidrankingMICTemployeewhorequestedanonymity,December2011.
34
MinistryofInformationandCommunicationTechnology,ICTPolicyCommitteeforInappropriateSiteManagement[in
Thai],accessedFebruary2013,http://www.mict.go.th/ewt_news.php?nid=1683.
35
ChalermSettoCrackDownonWebsites,Prachatai,accessedFebruary12,2013,http://bit.ly/1bRxEzF.
36
AlsocalledOfficeofPreventionandSuppressionofInformationTechnologyCrimesandreferredtoasawarroomfor
stoppinglsemajestcontent.See,ThomasFuller,AHighTechWarAgainstSlightstoaCenturiesOldMonarchy,NewYork
Times,October2,2011,http://www.nytimes.com/2011/10/03/world/asia/03ihtthailand03.html?pagewanted=all.
37
MICT:MoreCyberOffenderstobeArrestedSoon,Prachatai,December3,2011,
http://www.prachatai.com/english/node/2930.
38
MartinPettyandNatnichaChuwiruch,ThaisTestTaboosasWaronRoyalSlursHeatsUp,Reuters,December6,2011,
http://www.reuters.com/article/2011/12/07/usthailandmonarchyidUSTRE7B605920111207.
39
CentreStartsMonitoringLseMajest,BangkokPost,December24,2011,
http://www.bangkokpost.com/lite/topstories/272260/centrestartsmonitoringlesemajeste.
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Blocking tactics have evolved over time. Most of the websites filtered prior to 2007 involved
pornography, online gambling, or circumvention tools, although some politically oriented websites
were also found to be inaccessible.40 Blocking increased exponentially under the 2007 CCA,
particularly in relation to anti-royal content.41 One academic study shows that between 2007 and
2011, there were 156 court orders issued to block access to nearly 82,000 URLs,42 an average of
980 URLs a day. All told, five years after the enforcement of the act, criminal courts have
authorized a total 317 orders preventing access to 102,191 URLs.43
Thousands of these were blacklisted under the emergency declaration in effect from April to
December 2010, when an extrajudicial mechanism granted top security officials unilateral powers
to block websites.44 While international news websites and human rights groups remained
accessible, a number of domestic websites supporting the opposition red-shirt movement were
blocked, as were less partisan online news outlets or human rights groups, such as Freedom Against
Censorship Thailand, the online newspaper Prachatai, the Political Prisoners in Thailand blog, and
Asia Sentinel.45 Although this extrajudicial procedure was abolished with the end of the state of
emergency, the censorship system in Thailand continues to lack transparency and accountability.46
Hopes that the Shinawatra would loosen restrictions were dashed when Chalerm Yoobamrung
vowed to curb lse-majest content a month after taking office, demonstrating the deeplyentrenched political resistance to reforming the law, even under a new administration.47
While some sites blocked in 2010 are now accessible again,48 othersincluding Prachatai and Asia
Sentinelremain at least partially blocked.49 However, more are being added to the blacklist. The
number of court orders authorizing website blocks rose in 2012, when courts granted 161 orders
to block almost 21,000 URLs.50 These included 5,000 URLs blocked between December and
March for containing content critical of the royal family, according to police.51 This represents a
40
OpenNetInitiative,CountryProfile:Thailand,May9,2007,http://opennet.net/research/profiles/thailand.
FreedomAgainstCensorshipThailand,ThaiWebsiteCensorshipJumpsbyMoreThan500percentSinceCoup!news
release,January1,2007,http://bit.ly/15BTWUd.
42
SawatreeSuksri,SiriphonKusonsinwut,andOrapinYingyongpathana,ImpactoftheComputerrelatedCrimeAct2007and
StatePoliciesontheRighttoFreedomofExpression[inThaiandEnglish](Bangkok:InternetDialogueonLawReform(iLaw
Project),2012),455.http://www.boellsoutheastasia.org/downloads/computercrime_publication_thai.pdf.
43
iLaw,StatisticsofWebsiteCensorshipinThailand20072012,http://bit.ly/13s5zHY.
44
C.J.Hinke,ThailandNowBlocking277,610Websites,GlobalVoicesAdvocacy,November8,2010,
http://advocacy.globalvoicesonline.org/2010/11/08/thailandnowblocking256110websites/
45
PavinChachavalpongpun,ThailandsMassiveInternetCensorship,AsiaSentinel,July22,2010,
46
iLawresearcherscollectingdetailsofblockedwebsitesfoundmanygovernmentagenciesunableorunwillingtoprovidedata.
47
ChalermWarnsLseMajestWebsites,BangkokPost,August26,2011,
http://www.bangkokpost.com/news/politics/253608/chalermtocurblesemajestewebsites.JoshuaKurlantzick,IsThailand
RegressingonLseMajest?AsiaUnbound(blog),CouncilonForeignRelations,September12,2011,
http://blogs.cfr.org/asia/2011/09/12/isthailandregressingonlesemajeste/
48
FACTandthePoliticalPrisonersinThailandwebsitesarenowavailable,asarewebsitesrelatedtotheredshirtmovementas
akeyconstituencyoftherulingPheuThaiparty.
49
FreedomHousetestsonPrachataiandAsiaSentinelindicatedthatthesitesloadedmoreslowlythanothersandthatsome
pageswereinaccessible,withtheuserredirectedtoamessagestatingthatithadbeenblockedbytheMICT,thoughother
pageswereavailable.
50
iLaw,StatisticsofWebsiteCensorship.
51
ThailandBlocks5,000RoyalInsultWebPages,AgenceFrancePress,May14,2012,http://bit.ly/15BTYf0.
41
THAILAND

marked increase over 2011, when a mere 33 orders relating to 5,000 URLs were approved, and
was more than the sum of court orders authorized in 2009 and 2010 together, which amounted to
142.52 Despite this frenzy of activity, the number of individual sites affected by each order has
actually declined, since the total 26,000 URLs censored in 2011 and 2012 under Prime Minister
Shinawatra are considerably fewer than the number affected by orders placed during 2009 and 2010
under former Prime Minister Abhisit Vejjajiva, which was a period of significant political upheaval
(28,705 and 45,357 URLs respectively).53
Thai courts are now much more likely to censor political opinion than pornography or other illegal
content. Since 2007 criminal courts have authorized 219 orders preventing access to 77,491 URLs
containing pictures and contents against lse-majest law or article 112 of the criminal code,54
compared to 76 orders censoring 23,456 URLs for pornographic content.55
Website blocks are frequently excessive. A criminal court blocked the URL for legal website Nitirat
based on the national-security related CCA article 20 for publishing the First Declaration of the
People's Partya historical treatise advocating a constitutional monarchy in Thailand56even
though it was available on several other uncensored websites.
In addition to blocking, the government employs administrative measures and political pressure to
limit the spread of online information, especially on social media. Anecdotally, internet freedom
activists report that before the 2007 Computer-related Crime Act, the government would
approach service providers to cooperate in website censorship. Even after that process was
formalized, the spirit of collaboration lingers, and some content is restricted without the need for a
court order. The citizen journalist website Thaifloodwhich hundreds of thousands of Thais were
following for updates after 2011 floodscomplained that the official relief agency sought the right
to screen and potentially censor its content before publication.57
Censors also request assistance from international providers. In 2011, journalists reported the
MICT had asked Facebook to censor over 90,000 URLs suspected of violating lse-majest laws,58
and that the company had removed 10,000 URLs and 50 user accounts. Facebook did not confirm
this account in published reports.59 Google reported that the Thai governmentunder two prime
52
54
Section112:Whoever,defames,insultsorthreatenstheKing,theQueen,theHeirapparentortheRegent,shallbe
punishedwithimprisonmentofthreetofifteenyears.
55
56
InternationalNetworkofEngagedBuddhists,HowtoAchieveourDemocracy,accessedFebruary2013,
http://www.inebnetwork.org/newsandmedia/6articles/397howtoachieveourdemocracy;MICTBlocksNitiratPageon1st
DeclarationofthePeoplesParty,Prachatai,December15,2013,http://www.prachatai.com/english/node/3456.
57
CommitteetoProtectJournalists,ThailandTriestoCensorSiteDevotedtoFloodNews,newsalert,October25,2011,
http://cpj.org/2011/10/thailandtriestocensorsitedevotedtofloodnew.php.
58
FreedomAgainstCensorshipThailand,Thailandblocks96,000FacebookpagesBangkokPunditnewsrelease,December
28,2011,http://facthai.wordpress.com/2011/12/28/thailandblocks96000facebookpagesbangkokpundit/.
59
BangkokPundit,Thailand:IsaLseMajestCrackdownAroundtheCorner?UPDATE:ICTAsksFBtoBlockThousandsof
Sites,AsianCorrespondent,November25,2011,http://asiancorrespondent.com/70492/isalesemajestecrackdownaround
thecorner/;MICThasRequestedFacebooktoDeleteOver10,000PagesOffensivetotheMonarchy,Prachatai,November
24,2011,http://www.prachatai.com/english/node/2913.
53
THAILAND

ministerssent six requests between January and December 2011 to remove a total of 374 clips
from its YouTube video-sharing platform for allegedly insulting the monarchyall without a court
order. Google largely complied, restricting Thai users from accessing 80 percent of them.60 Google
reported no requests between June and December 2012, though it complied with two to delete 14
items on YouTube for criticizing the government in the first half of the year.61 And the Thai
government was quick to welcome the microblogging service Twitters new feature enabling
country-specific censorship of tweets in 2012, though it is not clear if the feature has been
implemented.62
Proactive state manipulation of online discussion happens occasionally but has not had a significant
impact on online discourse. More prevalent is the use of volunteers to scrutinize suspicious
websites and report their findings to the MICT. Ministry hotlines inviting users to report offensive
websites were established in 2010, along with an equivalent Facebook group.63 A joint MICT and
ministry of justice cyber scout project to train students as web monitors was inaugurated the same
year;64 by 2011, several dozen were patrolling forums and social networkswithout identifying
themselves as working with the governmentto warn users posting lse-majest content report
them if they refused to delete it.65 Such manipulation was less noticeable in 2012 and 2013,
suggesting the 2011 spike may have been tied to the elections.
Not all such measures are government-sponsored. A network of users calling themselves the Social
Sanction group has launched online campaigns to vilify individuals who express views deemed
disrespectful of the monarchy, sometimes sparking official investigations of the targeted user.66
Other internet users have launched their own countermeasures against Social Sanction and similar
groups, posting online the personal information of individuals they believe belong to such
communities.67
These measures, along with prosecutions and other violations of internet users rights in recent
years, has a chilling effect, and many people engage in self-censorship when communicating online,
even among friends within a closed network. Official statements have encouraged this trend. In
60
Google,Thailand;Removals,TransparencyReport,JanuarytoJune2011andJulytoDecember2011,
http://www.google.com/transparencyreport/removals/government/TH/.
61
Google,Thailand;Removals,TransparencyReport,JulytoDecember2012,
http://www.google.com/transparencyreport/removals/government/TH/.
62
JonRussel,ThailandistheWorldsFirstGovernmenttoEndorseTwittersCensorshipFeature,TheNextWeb,January30,
2012,http://tnw.co/xmXzx9.
63
ReportingAssociationofThailandFacebookpage,https://www.facebook.com/reportthailand.AsofAugust2013,thepage
hadover25,000likes.
64
MongPalatino,CyberScout:ThailandsInternetPolice?,GlobalVoices,December24,2010,
http://globalvoicesonline.org/2010/12/24/cyberscoutthailandpercentE2percent80percent99sinternetpolice/.
65
DanielRook,ThaiCyberScoutsPatrolWebforRoyalInsults,AgenceFrancePresse,May10,2011,http://bit.ly/jlUKfl.
66
SawatreeSuksri,SiriphonKusonsinwut,andOrapinYingyongpathana,SituationalReportonControlandCensorshipofOnline
Media,ThroughtheUseofLawsandtheImpositionofThaiStatePolicies(Bangkok:iLawProject,2010),14,http://www.boell
southeastasia.org/downloads/ilaw_report_EN.pdf
67
ThaiNetizenNetwork,ThailandInternetFreedomandOnlineCultureReport2011(Bangkok:ThaiNetizenNetwork2012):54
76.
THAILAND

2011, the ICT minister warned users that liking lse-majest content on Facebook could result in
prosecution for indirectly distributing inappropriate content under the CCA.68
Online activists have proved resilient and creative in countering limits on content. Circumvention
software to access blocked sites is readily available online, and content producers often republish
information on alternate sites. The Thai Netizen Network advocacy group, which defends users
rights to access, free expression, and privacy, was founded in 2009.69
Despite constraints surrounding royal institutions, many political, social, and human rights issues
are freely and passionately debated online in Thailand. Political parties mobilize supporters via ICT
platforms, like a November 2012 ice-cream eating flash mob organized a red-shirt activist in
protest against royalist Boonlert Kaewprasit. News reports had quoted Boonlert, a former general,
advocating a five-year political freeze, substituting military leadership for democratic rule.70 Both
red- and yellow-shirt movements used social media to organize offline actions in the run-up to
2011 elections, contributing to an opposition victory which observers considered free and fair.
Since then, media experts say government or corporate advertisements are distributed to online
news outlets across the political spectrum, where before the partisan allocation of resources
threatened their financial stability and the diversity of views available to internet users; some redshirt supporters created their own advertising market.
Meanwhile, advanced web applications such as YouTube, Facebook, Twitter, and international
blog-hosting services like Blogger are popular and freely available, though individual pages or
videos may be blocked. One 2011 study reported a huge 85 percent of Thai internet users visiting a
social media website at least once a week.71 Such sites have become important spaces for political
expression and key channels for disseminating news, information, and demands for accountability.
In December 2012, Facebook users prompted an airline to investigate one of its stewardesses who
vented on her personal account about a passengers political affiliation.72
Social media has even facilitated public discussion of lse-majest provisions. In the past year, a
Free Somyot campaign was carried out on behalf of an editor imprisoned under the law,73 and a
Facebook group organized by academic Suda Rangkupan inspired some politicians to draft a bill to
pardon political prisoners, including some convicted of lse-majest.74 The Campaign Committee
68
HanaStewartSmith,ThaiFacebookUsersWarnedOverAntiMonarchyLikes,ZDNet,November26,2011,
http://www.zdnet.com/blog/asia/thaifacebookuserswarnedoverantimonarchylikes/286.
69
ThaiNetizenNetwork,accessedJuly2013,https://thainetizen.org.
70
IcecreamProtestMocksBoonlert,BangkokPost,November16,2012,
http://www.bangkokpost.com/lite/news/321636/icecreamprotestmockspitaksiam.
71
SimonKemp,SocialDigitalandMobileinThailand,wearesocial(blog),January3,2012,
http://wearesocial.net/blog/2012/01/socialdigitalmobilethailand/.
72
CathayPacificFiresFlightAttendantinPaetongtarnCase,TheNation,December4,2012,
http://www.nationmultimedia.com/politics/CathayPacificfiresflightattendantinPaetongta30195555.html
73
FreeSomyotFacebookpage,accessedJuly2013,https://www.facebook.com/pages/FreeSomyot/122999694453000;Free
SomyotTwitterpage,accessedJuly2013,https://twitter.com/freesomyottrial.Seealso,AtapoomOngkulnaandPimnara
Pradubwit,RallyOver'PoliticalPrisoners,'TheNation(Bangkok),January29,2013,
http://www.nationmultimedia.com/politics/Rallyoverpoliticalprisoners30198912.html.
74
AtapoomOngkulnaandPimnaraPradubwit,RallyOver'PoliticalPrisoners.'
http://www.bangkokpost.com/news/politics/337297/criticsslamblanketamnestybill).
THAILAND

for the Amendment of Article 112, a coalition of academics and civil society groups, attracted
30,000 signatures to a petition demanding lse-majest reforms, such as reducing punishments for
violations and enabling only the kings private secretary to initiate charges.75 Parliament rejected
the petition on technical grounds, but the effort prompted an unprecedented level of coverage in
the traditional media.
The government is also embracing social networks to promote policy. Top leaders update the
public frequently on Facebook, especially during election campaigns. In March 2013 during the
election of the governor of Bangkok, candidates used Facebook and Twitter alongside billboards
and speeches, though digital tools do not yet have the reach of traditional media, particularly in
rural areas.76

Under Yingluck Shinawatra, legal harassment of internet users under lse-majest provisions and
the CCA has continued at the same rate as before the 2011 election, if not worsened. The most
notorious conviction of 2012 involved Chiranuch Premchaiporn, the director and administrator of
Prachatai, who was given a suspended jail term for failing to delete user comments in 2008. A tragic
death highlighted the use of these charges to imprison citizens without known political connections,
often following questionable legal proceedings. Ampol Tangnopakul died in May, just months into
a 20-year sentence he was serving for allegedly sending anti-royal SMS messages. The court had
rejected the elderly cancer-sufferers defense that he couldnt use a mobile phone, along with
multiple applications for bail and a medical appeal. Since a cabinet directive was implemented in
May 2012, CCA investigations fall under the purview of the Department of Special Investigations
who can intercept electronic communications without a court order.
The Constitution of the Kingdom of Thailand 2007, which replaced an interim charter imposed by
the military government after the 2006 coup, guarantees freedom of expression in chapter three,
section 45. However, other laws have been used to curtail free expression, including the Internal
Security Act of 2007, the Emergency Decree on Public Administration in Emergency Situations
2005, and especially the 2007 CCA, which groups broad content violations with criminal activities
like hacking, e-mail phishing, uploading personal content without consent, and posting obscene
material. A range of civil society groups and scholars oppose the CCA for infringing on users rights
to privacy, information, and freedom of expression,77 and allowing the prosecution of content
providers or intermediariessuch as webmasters, administrators, and managersaccused of
75
Undertheconstitution,lawmakersmustconsidercitizeninitiatedlegislativechangesiftheyreceiveatleast10,000
signatures.CampaignCommitteefortheAmendmentofArticle112[inThai],accessedJuly2013,http://www.ccaa112.org/;
CampaignCommitteefortheAmendmentofArticle112Facebookpage,accessedJuly2013,
https://www.facebook.com/ccaa112.
76
JonRussell,HowInfluentialisSocialMediainThailandsElection?,AsianCorrespondent,June10,2011,
http://asiancorrespondent.com/56997/howinfluentialissocialmediainthailandselection/.
77
SarineeAchavanuntakul,Danger!ComputerCrimesAct[inThai],FringerBlog,July18,2007,
http://www.fringer.org/?p=259;FreedomofExpression(Still)UnderAttack,PoliticalPrisonersofThailand(blog),June12,
2012,https://politicalprisonersofthailand.wordpress.com/2012/06/12/freedomofexpressionstillunderattack/.
THAILAND

posting or allowing the dissemination of content considered harmful to national security or public
order.78 The executive authorities are left to decide what amounts to a violation under these
vaguely defined terms, and criminal courts make the final judgments.79 In addition, harsh
defamation and lse-majest provisions in the penal code that are generally applied to online
expression, as well as traditional media, assign penalties of up to 15 years in prison for criticism of
the king, the royal family, or Buddhism.80 In 2010, 478 lse-majest cases were filed under Article
112.81
Thai authorities persistently pursue criminal prosecutions relating to online activity. A total of 325
defendants were charged under the CCA between 2007 and 2011.82 Among those, only 19 percent
involved data and computer crimes; 66 percent stemmed from content violations under articles 1416 of the act. The nature of the charges in a remaining 48 cases is unclear.83 Of the cases involving
content, 100 were defamation charges and 46 lse-majest violations; only 31 were for
pornography.84 These prosecutions have drawn local and international condemnation because of the
harsh pre-trial treatment of detainees, the punishments imposed, and the judges reliance on
questionable evidence. Yingluck Shinawatras administration, instead of checking this trend, has
returned guilty verdicts in cases inherited from the previous government.
On May 31, 2012, a court sentenced Prachatais Chiranuch Premchaiporn to eight months in jail
and a THB 20,000 ($673) fine for failing to delete reader comments in one of the most high-profile
of these verdicts. While Thai authorities have prosecuted intermediaries for failing to delete
content before,85 Chiranuchwho the media sometimes refer to by her nickname, Jiewwas
among first defendants prosecuted for computer crimes, the first accused solely on the basis of
third-party content, and, as a 44-year-old journalist and human rights activist, represented a largely
apolitical target.86 First arrested in a raid on the sites premises in March 2009, Chiranuch was
charged because the sites moderatorswho, like administrators around the world, rely on the
community to report offensive content posted to their dynamic discussion forumswere
delinquent in deleting ten10 anti-royal remarks, although they removed them all within 20 days.87
78
Sections14(1),14(3),and14(5)andArticle15ofthe2007ComputerCrimesActpertaintocrimesthatinvolveimporttoa
computersystemofforgedcomputerdata,eitherinwholeorinpart,orfalsecomputerdata,inamannerthatislikelytocause
damagetoathirdpartyorthepublic;thatinvolveimporttoacomputersystemofanycomputerdatarelatedtoanoffense
againstthekingdomssecurityunderthecriminalcode;thatinvolvethedisseminationorforwardingofcomputerdataalready
knowntobecomputerdata[whichareillegal].Theactstatesthatanyserviceproviderintentionallysupportingorconsenting
toanoffensewithinacomputersystemundertheircontrolshallbesubjecttothesamepenaltyasthatimposedupona
personcommittinganoffense.See,AnunofficialtranslationoftheComputerCrimeAct,Pratachai,July24,2007,
79
Suksrietal,ImpactoftheComputerrelatedCrimeAct,520.
80
KarinDeutschKarlekar,ed.,Thailand,inFreedomofthePress2010(NewYork:FreedomHouse,2010),
http://www.freedomhouse.org/template.cfm?page=251&year=2010.
81
FreedomofExpression(Still)UnderAttack,PoliticalPrisonersofThailand.
82
Suksrietal,ImpactoftheComputerrelatedCrimeAct,467.Figuresfor2012arenotyetavailable.
83
Suksrietal,ImpactoftheComputerrelatedCrimeAct.
84
Suksrietal,ImpactoftheComputerrelatedCrimeAct.
85
NorPorChorUSAWebDesignerSentencedto13YearsinJail,Prachatai,March16,2011,
86
JamesHookway,ConvictioninThailandWorriesWebUsers,WallStreetJournal,May30,2012,
87
DannyOBrien,ComputerCrimeLawsBelieThaiClaimtoModernSociety,CPJInternetChannel,May31,2012,
THAILAND

Police arrested her again in September 2010 on fresh counts of defaming the royal family,
violating Articles 14 and 15 of the CCA, and Article 112 of the penal code, in relation to the same
handful of comments. Perhaps because of local and international attention to the case, Chiranuch,
unlike many defendants in lse-majest cases, was granted bail of THB 200,000 ($6,730),88 and her
suspended sentence was far less than the maximum, which would not have been allowed to exceed
20 years even if she had been convicted on all counts, though some of her supporters mistakenly
believed she was facing as many as 80 years behind bars.89 In an ironic acknowledgement that
Chiranuch herself had not committed a crime, the sentence was suspended, and she did not serve
time.90 The judge described the system he was perpetuating as unfair.91
CCA Article 15 states that administrators who fail to stop internet users from posting banned
content are supporting or consenting to the post and face the same penalties as if they had created
it themselves.92 This serves as a discouragement to service providers, since the constant monitoring
it demands from website owners is time consuming and inefficient. Moreover, the law fails to
establish time frame for service providers to delete offending content. The courts failure to clarify
this omission in its interpretation of the law in Chiranuchs case is particularly problematic, and
many observers in the legal, IT, and free expression sectors fear the sentence, though suspended,
could increase self-censorship by media outlets and service providers in Thailand for years to come.
That fear was compounded by the January 2013 sentencing of Somyot Prueksakasemsuk, editor of
the Voice of Taksin print magazine, to 10 years imprisonment for lse-majest involving two articles
he published, but did not author;93 the conviction followed 20 months in detentiondespite 13
attempts to obtain bailsince Somyots 2010 arrest while campaigning to overturn lse-majest
laws.94
Other recent CCA and lse-majest prosecutions reveal further concerning implications about the
wording of the laws, and the courts harsh interpretation of them.
Though records compiled by lawyers and free expression groups are incomplete, most of
the defendants appear to be ordinary Thais like Abhinya Sawatvarakorn, a 19-year-old
university student nicknamed Kantoop, rather than well-known activists or government
opponents. In February 2012, Kantoop became the youngest person to appear before a
https://cpj.org/internet/2012/05/computercrimelawsbeliethailandsclaimtomoder.php.
88
ReportersWithoutBorders,PrachataiEditorReleasedonBail,September24,2010,http://en.rsf.org/thailandnews
websiteeditorarrestedon24092010,38440.html.
89
PoliticalPrisonersinThailand,ChiranuchPremchaiporn,accessedJuly2013,
http://thaipoliticalprisoners.wordpress.com/decidedcases/chiranuchpremchaiporn/.
90
SuchitLeesanguansuk,Don'tShoottheMessenger,BangkokPost,June27,2012,
http://m.bangkokpost.com/business/299889.
91
OBrien,ComputerCrimeLawsBelieThaiClaimtoModernSociety.
92
Section15:AnyserviceproviderintentionallysupportingorconsentingtoanoffenceunderSection14withinacomputer
systemundertheircontrolshallbesubjecttothesamepenaltyasthatimposeduponapersoncommittinganoffenceunder
Section14.
93
AsianHumanRightsCommission,THAILAND:VerdictInCaseOfHumanRightsDefenderIsASeriousThreatToFreedomOf
Expression,January24,2013,http://www.humanrights.asia/news/ahrcnews/AHRCSTM0272013.
94
iLaw,Case61[inThai],accessedJuly2013,http://freedom.ilaw.or.th/case/61.
THAILAND

judge on lse-majest charges for a comment she had posted to Facebook in 2009.95 She had
yet to be prosecuted in May 2013, but at least one news report said she was forced to
change universities after one institution refused admission in connection with the
allegations.96
Judges hearing the cases often display a limited understanding of the technical dimensions of
digital communication, and convict users even when the evidence against them is
inconclusive. Website designer Thanthawut Thaweewarodomkul was sentenced to 13 years
in prison in 2011 despite discrepancies in the electronic evidence tying him to the offending
content.97
Convictions for lse-majest carry significant social stigma that affects their treatment in
prison. Thanthawut and others report guards and fellow prisoners targeting them for abuse
in jail.98
Professional lawyers and IT experts can be reluctant to contribute to the defense of lsemajest and CCA crimes on grounds that it might hurt their careers. In November 2011,
61-year-old Ampol Tangnopakul was sentenced to 20 years in prison for allegedly sending
text messages insulting the monarchy to a high-ranking government official.99 The
prosecutor failed to prove he had sent the offending content, and Ampolwho traditional
media dubbed Uncle SMS 100 said he did not even know how to text. Yet his legal team
could not find an expert willing to testify that IMEI numbers, which identify mobile
handsets, can be counterfeited. The court denied eight separate applications for bail running
up to Ampols trial,101 and he died in jail of liver cancer on May 8, 2012, three days after his
application for appeal on medical grounds was rejected.102
Companies and individuals have also used the CCA and penal code provisions from personal
motives.103 Police interrogated two suspects reported collecting or disseminating
95
NirmalGhosh,ThaiDivideGrowingOverLseMajestLaw,JakartaGlobe,January25,2012,
http://www.thejakartaglobe.com/international/thaidividegrowingoverlesemajestelaw/493508.
PavinChachavalpongpun,Kantoopandlesemajeste,NewMandala(blog),February3,2012,
http://asiapacific.anu.edu.au/newmandala/2012/02/03/kantoopandlesemajeste/.
96
iLaw,Case236[inThai],accessedJuly2013,http://freedom.ilaw.or.th/case/236;Ghosh,ThaiDivideGrowingOverLse
MajestLaw.
97
NorPorChorUSAWebDesignerSentencedto13YearsinJail,Prachatai.
98
ApilapornVechakij,ThaiRoyalInsultInmates'Pariahs'inPrison,AgenceFrancePresse,August23,2012,
http://www.google.com/hostednews/afp/article/ALeqM5jG1_z8WM3tNbwhxw5ceqI77glENA.
99
AsianHumanRightsCommission,THAILAND:TwentyYearsinPrisonforFourSMSMessages,November24,2011,
http://www.humanrights.asia/news/ahrcnews/AHRCSTM1802011.
100
Ampolscasereceivedmoretraditionalmediacoveragethanmostlesemajestetrials.iLaw,Case21[inThai],accessedJuly
2013,http://freedom.ilaw.or.th/case/21.
101
iLaw,Case21.
102
ThailandsLseMajestLaws:AnInconvenientDeath,Economist,May12,2012,
http://www.economist.com/node/21554585
103
ThaiNetizenNetwork,Thailand:CybercrimeActsvs.theRighttoFreedomofExpression,June2,2011,
https://thainetizen.org/docs/thailandcybercrimeactsvstherighttofreedomofexpression/.
THAILAND

information detrimental to the monarchy in 2011.104 Another 2011 case resulted in charges
of defamation and importing false computer data against labor union activist Songkram
Chimcherd over e-mails regarding a dispute with a company over unpaid worker
compensation; a court dismissed the case in May 2012 because the prosecutor could not
prove who sent the e-mail.105
So strong is the laws emphasis on proof of innocence that only two computer crimes cases
involving lse-majest law have been dismissed on these grounds since the 2006 coup. One
involved Surapak Phuchaisaeng,106 who was arrested in September 2010 for allegedly
creating a Facebook page parodying a 1950 speech by King Bhumiphol Adulyadej. The
court dismissed the case on October 31, 2012, yet Surapak was offered no compensation or
redress for the two years he was held without bail.107
In February 2012, Human Rights Watch voiced concerns over Thai courts politically
motivated refusal to grant bail to lse-majest defendants, particularly those affiliated with
the red-shirt movement.108
Lengthy pre-trial detentions without bail also deplete defendants resources to fight unfair
convictions. Joe Gordon (also known as Lerpong Wichaikhammat), a dual Thai-U.S.
citizen,109 was sentenced in December 2011 to two and a half years in prison for posting
excerpts from the banned book The King Never Smiles on his blog while in the United
States.110 He pled guilty after bail was denied nine times over 84 days of pretrial
detention,111 and was eventually pardoned and released in July 2012.112 Legal experts
believe he lacked effective legal counsel and confessed in hopes of early release, but the
verdict cannot be overturned, and Gordan now lives permanently in the United States.
Prosecutors, aware of international condemnation of Thai lse-majest laws, can prosecute
cases under other charges, though the impetus for the investigation clearly stems from antiroyal content. On December 25, 2012, internet user Katha Pachariyaphong was sentenced
to four years in prison for translating a Bloomberg news agency article about the health of
104
RecentCrackdownonCyberDissidents,Prachatai,March10,2012,http://www.prachatai.com/english/node/3096.
iLaw,Case177[inThai],accessedJuly2013,http://freedom.ilaw.or.th/en/case/177#detail.
106
iLaw,Case176[inThai],accessedJuly2013,http://freedom.ilaw.or.th/case/176.
107
NetizenFreedforLackofEvidenceinLseMajestCase,Prachatai,November3,2012,
http://www.prachatai.com/english/node/3418
108
HumanRightsWatch,Thailand:CourtsDenyingBailinLseMajestCases,February23,2012,
http://www.hrw.org/news/2012/02/24/thailandcourtsdenyingbaillesemajestecases.
109
HumanRightsWatch,Thailand:CourtsDenyingBail.
110
USCitizenJailedforInsultingThaiMonarchy,Reuters,December8,2011,
http://af.reuters.com/article/worldNews/idAFTRE7B709A20111208.
111
KochaOlarmandJethroMullen,ThaiAmericanJailedforInsultingMonarchyReceivesRoyalPardon,CNN,July11,2012,
http://edition.cnn.com/2012/07/11/world/asia/thailandamericanpardon/index.html.
112
ThaiKingPardonsUSManJailedforRoyalInsult,BBCNews,July11,2012,http://www.bbc.co.uk/news/worldasia18792430.
105
THAILAND

King Bhumiphol Adulyadej and posting it to a web forum.113 He was charged with spreading
rumors under CCA article 14(2). Bloomberg, the original publisher, was not mentioned by
the plaintiff.
The scale of ICT surveillance in lse-majest and other cases in Thailand is unclear, although the
CCA requires ISPs and webmasters to retain data logs for up to 90 days and turn data over to
investigators upon request. One police officer reported needing up to three days to trace the source
of offensive online comments in 2009.114 Since then, the government has strengthened its capacity
to intercept private communications. A cabinet directive effective since its publication in the Royal
Gazette in May 2012 placed several types of cases, including violations of the CCA, under the
jurisdiction of the Department of Special Investigation (DSI).115 Under rules regulating DSI
operations, intercepting internet communications and collecting personal data in CCA cases no
longer needs a court order.116 Even in cases where court orders are still required, Thai judgesas
with censorship decisionstypically approve such requests without serious deliberation. And
Chalerm Yoobamrungs THB 400 million ($13.46 million) lawful interception system proposed
in December 2011, which would have monitoring and content filtering applications, could
potentially bypass the need to go through ISP staff altogether, with or without the courts sanction,
by allowing law enforcement agencies direct access to user data files.117 Aware of this trend, some
internet users and political activists already exercise caution when communicating online, and
employ additional security and privacy tools to evade surveillance.
Customers at cybercafes must present identification cards, though smaller businesses do not always
comply with this rule. Mobile phone users are required to register their real names and national ID
with their carrier upon purchasing a SIM card, whether prepaid or for a long-term subscription.
Although the rule is less strictly enforced for prepaid SIM cards, those who do not register are
unable to receive certain services, including roaming or mobile phone reception, in the southern
provinces of Pattani, Yala, and Narathiwat.118
Internet users who post controversial content can face harassment outside the legal system,
including physical violence. In February 2012, two unidentified men on motorbikes assaulted
Worachet Pakeerut, one of several academics leading a petition campaign to amend lse-majest
provisions. The Asian Human Rights Commission advocacy group said the attack represented an
ominous escalation of the dangers faced by those promoting critical discussion of Article 112.119
113
FormerStockBrokerGets4YearsforPostingTwoWebboardCommentsin2009,Prachatai,December12,2012,
http://www.prachatai.com/english/node/3468;TranslationPostedAfterSETFell,Prachatai,November3,2009,
http://www.prachatai3.info/english/node/1474.
114
FreedomHouseinterviewwithaseniorpoliceofficerspecializinginICTcrimeswhorequestedanonymity,March,2009.
115
CabinetApprovesDraftDirectiveforSettingGuidelinesofDSICases,TheNation(Bangkok),December19,2011,
http://www.nationmultimedia.com/breakingnews/Cabinetapprovesdraftdirectiveforsettingguide30172173.html.
116
DSIAddedSpecialCasefor9Offenses[inThai],VoiceTV,May25,2011,http://news.voicetv.co.th/thailand/40014.html.
117
WebCensorSystemHitsProtestFirewall,BangkokPost,December15,2011,
http://www.bangkokpost.com/news/local/270812/webcensorsystemhitsprotestfirewall.
118
Happy,RegisterSIMCard,accessedJanuary2013,http://bit.ly/1fRL5ji.
119
ThailandsStruggletoFaceitsFuture,AsiaSentinel,April27,2012,
http://www.asiasentinel.com/index.php?option=com_content&task=view&id=4459&Itemid=189.
THAILAND

There have been sporadic reports of hacking attacks on online news outlets. Prachatai repeatedly
faced denial-of-service (DoS) attacks during periods of political turmoil in 2009 and 2010 before
being blocked by the authorities. The attacks forced the outlet to change servers and set aside large
sums to pay for extra bandwidth. A web administrator for the news outlet reported in February
2012 that the site continued to face attacks but was able to stay online thanks to the bandwidth
upgrade.
Hackers are also increasingly targeting government websites, which have developed a reputation
for inadequate security. In September 2012, police arrested a 16-year-old for hacking the ministry
of education website and altering content in protest against strict school regulations.120 Attackers
accessed a Thai navy web forum and published user names and passwords online in December
2012.121 In January 2013, hackers added links to a gambling platform to the ministry of cultures
website in order to boost traffic and search engine optimization for the illegal site;122 a day later, an
apparently separate attack on the same website added an image from a controversial political
television drama which broadcasters pulled off the air due to inappropriate content, stimulating
public debate about whether authorities had pressured them to censor the show.123
120
YoungStudentHackedMinistryofEducationWebsiteSurrendering,Thairath,September18,2012,
http://www.thairath.co.th/content/edu/292058.
121
WebForumDatabaseofRoyalThaiNavyisHacked,Blognone,December22,2012,http://bit.ly/YwxYNB.
122
LinktoFootballBetFoundonWebsiteofMinistryofCulture,Blognone,15January,2013,
http://www.blognone.com/node/39996.
123
WebsiteofMinistryofCultureisRepeatedlyHacked[inThai],SpringNews,16January,2013,
http://news.springnewstv.tv/24030/.
THAILAND
TUNISIA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
14
12
20
46
12
8
21
41


State control over the internet backbone has weakened as ISPs may now bypass the
Tunisian Internet Agency to access international networks directly (see OBSTACLES TO
ACCESS).
Online journalists received new protections through the implementation of Decreelaw 115 that provides them with many of the same rights afforded to traditional
journalists, although the remaining presence of laws from the Ben Ali era and delays
over a new constitution continued to threaten freedom of expression online (see
One user had his 7.5 year prison sentence confirmed for online posts deemed offensive
to Islam, while an online investigative journalist faced harsh criminal defamation
charges related to a story in which she exposed government corruption (see
TUNISIA |

INTRODUCTION
The internet was first launched for public use in Tunisia in 1996, and the first broadband
connections were made available by the end of 2003. Despite a relatively advanced internet
infrastructure and a developed telecommunications market, extensive internet filtering had
hindered free web access. Former autocratic President Zine El Abidine Ben Alis internet
censorship and surveillance systems had earned Tunisia the title of internet enemy in 20091 and
20102 alongside Burma, China, Saudi Arabia, and Iran. Numerous websites and Web 2.0 tools such
as the photo-sharing site Flickr and video-sharing site YouTube were blocked in order to deny
citizens access to content critical of the ruling region. Nonetheless, internet usage continued to
grow and an increasing number of netizens started employing encryption techniques and proxy
servers to circumvent government censorship and surveillance.
The Tunisian internet landscape changed dramatically with the ouster of Ben Ali on January 14,
2011. His repressive censorship apparatus largely dissipated and internet users have started to enjoy
an unprecedented level of web access. However, old habits die hard; fears of the comeback of
Ammar404 (the nickname Tunisian netizens gave to internet censorship during the Ben Ali era,
based on the 404 file not found message) reemerged in May 2011 with attempts to filter adult
content and the blocking of five Facebook pages critical of the military institution. From May 2012
to April 2013, authorities took significant steps to open up the countrys control over internet and
communication technologies (ICTs). Speaking at a press conference held on September 6, 2012,
ICT Minister Mongi Marzoug officially announced the death of Ammar404.3 That same month,
Tunisia joined the Freedom Online Coalition, a group of governments committed to collaborating
to advance internet freedom.4 In another positive development, internet service providers (ISPs)
can now directly access international data traffic lines, thereby decentralizing the ICT infrastructure
out of the hands of a powerful few.
Despite of these commendable steps, Tunisias fragile internet freedom is still threatened by a
number of laws dating from the Ben Ali era, including the Telecommunications Decree and the
Internet Regulations. The judiciary continues to restrict free speech through the prosecution of
users over content posted online, mainly regarding defamation, religion, or insults to state bodies.
Finally, over the past year, bloggers, activists, and civil society groups who criticize the countrys
political figures or offend cultural sensitivities faced cyberattacks and personal threats from a
diverse range of nonstate actors.
ReportersWithoutBorders,InternetEnemies,2009,March12,2009,
http://www.rsf.org/IMG/pdf/Internet_enemies_2009_2_3.pdf.
2
ReportersWithoutBorders,InternetEnemies,2010,March12,2010,http://en.rsf.org/IMG/pdf/Internet_enemies.pdf.
3
AllAfrica,Tunisia:InformationandCommunicationMinister'InternetCensorshipNoLongerImplementedinTunisia',
allafrica.com,September6,2012,http://allafrica.com/stories/201209070049.html.
4
TunisiajoinstheCoalitionFreedomOnline&hoststhethirdeditionoftheConference,ATI,September2012,
http://www.ati.tn/en/actus_details.php?id=291.
TUNISIA |

OBSTACLES TO ACCESS
Internet usage in Tunisia has grown rapidly in recent years, even as access remained restrictive
under the Ben Ali regime. According to the International Telecommunication Union (ITU),
internet penetration in the country stood at 42 percent in 2012, up from 17 percent in 2007.5
Although the government has actively sought to improve the countrys ICT sector, access is still
hindered by high prices and underdeveloped infrastructure.
The Ben Ali regime attempted to increase access to ICTs through investments in infrastructure and
greater competition among ISPs. In 2004, the government set up a Family PC initiative to
encourage widespread computer use by removing customs fees, setting a price ceiling for computer
hardware, arranging low interest rate loans for families to purchase ICT tools, and including an
internet subscription with every computer sold. As a result, the number of computers per 100
inhabitants rose from approximately 12 in 2009 to 16 as of November 2012,6 while the number of
total internet subscriptions is estimated to have exceeded 1 million in 2012.7
The popularity of mobile phones is also on the rise, with over 12.8 million mobile phone
subscriptions and a penetration rate of 118.6 percent as of December 2012.8 Less common,
however, is the use of mobile internet connections due to costs which remain beyond the reach of
many Tunisians.
State-controlled Tunisie Tlcom and mobile phone company Orange Tunisie provide 3G internet
services through a plug-in USB key that enables laptops to connect to the mobile network. The
device costs at least TND 59 (approximately $38), while the service costs TND 30 ($18.50) per
month. Tunicell and Tunisiana also launched 3G mobile service in August 20119 and 2012,
respectively, with the latter covering an estimated 87 percent of the population as of early 2013.10
In early 2013, Tunisie Tlcom announced plans to set up 18 new mobile 3G base stations in
several regions of the country, including rural areas, and to install 500 kilometers of fiber optic
PercentageofindividualsusingtheInternet,fixed(wired)Internetsubscriptions,fixed(wired)broadbandsubscriptions,
InternationalTelecommunicationUnion(ITU),2007&2012,accessedJuly2,2013,http://www.itu.int/en/ITU
6
ICTministry,IndicateursetdonnesstatistiquesTICAccsetinfrastructureTIC:Lenombredordinateurspour100
habitants[ICTIndicatorsandStatisticalDataICTAccessandInfrastructure:NumberofComputersper100Inhabitants],
accessedJanuary21,2013,http://www.mincom.tn/index.php?id=315&L=0.
7
ICTministry,IndicateursetdonneesstatistiquesTIC:Nombred'abonnementsaurseauInternet[ICTindicatorsand
StatisticalData:numberofinternetsubscriptions],http://www.mincom.tn/index.php?id=305&L=3,accessedFebruary4,2013
8
InstanceNationaldesTlcommunications(INT),Suividesprincipauxindicateursdumarchdelatlphoniemobileen
Tunisie[MonitoringofmainindicatorsregardingthemobilemarketinTunisia],December2012,
http://www.intt.tn/upload/files/Tableau%20de%20Bord%20Mobile%20%20D%C3%A9cembre%202012.pdf.
9
10
InternationalTelecommunicationUnion(ITU),QtelGroupcelebrateslaunchof3GservicesinTunisia,2012,published
August14,2012,http://www.itu.int/ITU
D/ict/newslog/Qtel+Group+Celebrates+Launch+Of+3G+Services+In+Tunisia+Tunisia.aspx
TUNISIA |

cables in the governorate of Bja in northwestern Tunisia.11 Orange Tunisie also expanded 2G and
3G services in three rural towns.12 These developments signal greater competition in the broadband
market, extended coverage of the 3G network to rural regions of the country, and a more open
internet ecosystem. The number of 3G internet subscriptions continued to increase, reaching more
than 557,000 subscriptions in December 2012 compared to 254,000 subscriptions in December
2011.13
Most Tunisians access the internet at their workplace or at privately-owned cybercafs known as
publinets, where one hour of connection costs up to TND 1 ($0.62). Before 2011, wireless access
in cafes and restaurants was not permitted by law, which allowed only licensed ISPs to offer access
to the network. Nonetheless, after the revolution it has become common for cafes and restaurants
in major cities to offer free internet access without any registration requirements, attracting mainly
young social network users. At the same time, the law restricting the provision of wireless internet
remains on the books as of mid-2013, putting those businesses that provide wireless access at risk of
violating the law if the law is later enforced by regulators.
Fixed-line internet subscribers must first buy a landline package from Tunisie Tlcom, which
manages the countrys 82.5 Gbps bandwidth capacity, before choosing an ISP. Prices range from
TND 10 (approximately $6) a month for a connection speed of 1 Mbps to TND 50 ($31) for a
connection speed of 20 Mbps. On top of this cost, subscribers must also pay for a separate ISP
package, ranging from 10 to 25 dinars ($6-$15). Although there are no legal limits on the data
capacity that ISPs can supply, the bandwidth remains very low and connectivity is highly dependent
on physical proximity to the existing infrastructure. Tunisian internet users often complain of slow
internet speeds hindering their ability to upload or download certain types of content, particularly
videos. In September 2012, Ookla, a broadband testing company,14 ranked Tunisia 142nd in
download speeds and 151st in upload speeds.15 Despite these slow speeds, today Tunisian users
enjoy access to various internet services and applications.
Tunisia has one of the more developed telecommunications markets in the region, with 11 ISPs
supported by a nationwide fiber-optic backbone network operated by the state-controlled Tunisie
Tlcom.16 There are no laws that prevent ISPs from installing their own infrastructure, but huge
11
TunisieTribune,TunisieTlcom:denouvellesstationspourunemeilleureconnexionInternet,.tunisietribune.com,
January15,2013,http://www.tunisietribune.com/2013/01/tunisietelecomdenouvellesstationspourunemeilleure
connexioninternet
12
TunisieNumrique,Orangeouvrelesservices2G/3GMakther,JbelElOusetetBirMcherga[Orangelaunches2G/3G
servicesinMakther,JbelElOuestandBirMcherga],tunisienumerique.com,January28,2013,
http://www.tunisienumerique.com/orangeouvrelesservices2g3gamaktherjbelelousetetbirmcherga/162605[inFrench]
13
InstanceNationaldesTlcommunications(INT),Suividesprincipauxindicateursdumarchdelatlphoniemobileen
Tunisie[MonitoringofmainindicatorsregardingthemobilemarketinTunisia],December2012,
http://www.intt.tn/upload/files/Tableau%20de%20Bord%20Mobile%20%20D%C3%A9cembre%202012.pdf.
14
Ookla,Aboutpage,ookla.com,http://www.ookla.com/about
15
TunisieHautDbit(thd),6mepaysarabeavoirlepiredbitdetlchargement[Tunisiahasthe6thworstinternet
downloadspeedintheArabregion],thd.tn,September12,2012,
http://www.thd.tn/index.php?option=com_content&view=article&id=2055[inFrench]
16
MohamedGuesmi,TunisieTelecomsMonopolyOverInternetInfrastructureBlamedforHighBandwidthCosts,Tunisia
live.net,June19,2012,http://www.tunisialive.net/2012/06/19/tunisietelecomsmonopolyoverinternetinfrastructure
blamedforhighbandwidthcosts/.
TUNISIA |

costs have prevented this so far. Nevertheless, Orange Tunisie and Tunisiana are scheduled to
deploy the countrys first private undersea cable in 2014.17
In the past, the ICT market consisted of five privately-owned ISPs: Planet Tunisie, 3S Globalnet,
Hexabyte, Topnet, and Tunet. However, in recent years Topnet, Tunet, and Planet Tunisie were
acquired by Tunisie Tlcom,18 Tunisiana,19 and Orange Tunisie Internet (OTI), respectively.20 In
addition, after the fall of Ben Ali, the new government confiscated 25 percent of Tunisiana shares
previously owned by Ben Alis son-in-law, Sakher El Materi. In early January 2013, 15 percent of
this stake was sold to Qtel,21 raising the Qatari groups shares in Tunisiana to 90 percent. Tunisias
interim authorities also seized a 51 percent share of Orange Tunisie that was formerly held by
another son-in-law of Ben Ali, Marwan Ben Mabrouk.22
The Ministry of Communication Technologies is the main government body responsible for the
ICT sector. Under Article 7 of the Telecommunications Decree and Article 5 of the
Telecommunication Code, ISPs must obtain a license from the Ministry of Communication
Technologies in order to deliver internet services.23 The National Instance of Telecommunication
(INT) is the regulator for all telecom and internet-related activities and has the responsibility of
resolving technical issues and disputes between actors. The INT governance body and its president
are made up of mainly government officials nominated by the ICT Minister, which activists argue
leads to a lack of regulatory independence. Nevertheless, the INT has initiated some positive
changes in internet policy, namely through the introduction of a more liberal domain name chart
and the invitation, sent to independent arbitrators from civil society, to develop a new Alternative
Domain Name Dispute Resolution Process.24
Internet policy is decided by the INT and executed by the Tunisian Internet Agency (ATI), a state
agency governed by a board of trustees comprised of representatives from the main shareholder,
Tunisie Tlcom. The latter controls 37 percent of ATI shares and the state owns a further 18
percent, while the remaining 45 percent is divided among private banks.25 Under the agencys new
17
ITU,Orange,Tunisiana,Interouteplannewunderseacable(Tunisia),itu.int,May23,2013,http://www.itu.int/ITU
D/ict/newslog/Orange+Tunisiana+Interoute+Plan+New+Undersea+Cable+Tunisia.aspx
18Imen,Tunisia:TunisiaTelecomAcquiresTopnet,AllAfrica.com,June15,2010,
19
TunisianatakesoverTunet,TMTFinance,September15,2011,http://tmtfinance.com/news/tunisianatakesovertunet.
20
WebManagerCenter,PlanetlaisselaplaceOTI(OrangeTunisieInternet)[PlanetgiveswaytoOTI(OrangeTunisie
Internet)];webmanagercenter.com,May17,2011,
http://www.webmanagercenter.com/actualite/technologie/2011/05/17/105968/planetlaisselaplaceaotiorangetunisie
internet
21
Tunisia:Qtelpockets15%stakeincapitalofTunisiana,Africanmanager.comJanuary,2012
http://www.africanmanager.com/site_eng/detail_article.php?art_id=19474
22
TunisiaseizedBenAlifamilyOrangeTunisiestake,Reuters,March31,2011,
http://in.reuters.com/article/2011/03/31/idINIndia56028120110331?feedType=RSS&feedName=technologyNews
23Tunisia:BackgroundpaperonInternetregulation,Article19,legalanalysis,March2011,
http://www.article19.org/data/files/medialibrary/3014/120403ANALICTtunisia.pdf.
24Appelamanifestationdintrtpourlaslectiondarbitrespourlarsolutiondeslitigesrelatifsauxnomsdedomaines,
InstanceNationaledesTlcommunications,RpubliqueTunisienne,May24,2012,
http://www.intt.tn/fr/index.php?actu=392&typeactu=89[inFrench].
25
Kapitalis:Tunisie:L'Etatmetfinaumonopoledel'ATI[Tunisia:theStateputsanendtoATIsmonopolyovertheinternet],
kapitalis.com,January10,2013http://www.kapitalis.com/economie/13829tunisieletatmetfinaumonopoledelati.html
TUNISIA |

chairman and CEO, Moez Chakcouk, the ATI has taken steps to become a more transparent and
accountable body and, most significantly, no longer practices filtering. Indeed, the ATI won an
award for best public institution in Tunisia as presented by OpenGovTN, a civil society group
seeking to promote transparency and open government in the country.26
Among its responsibilities, the ATI now manages the internet exchange point (IXP) between
national ISPs that buy connectivity from Tunisie Tlcom, the allocation of internet protocol (IP)
addresses, and together with the INT, the .tn country domain.27 The agency provides direct
internet access to public institutions. Under the former regime, all ISPs were obliged to route their
traffic via the ATI to facilitate internet filtering and surveillance. As of early 2013, however, a
decision by the ICT Ministry to amend regulatory provisions resulted in Tunisiana and Orange
Tunisie now being able to bypass the ATI for incoming and outgoing international internet traffic.28
Amendments to the 2011 Telecommunication Code, passed in early April 2013,29 improved the
legal and regulatory environment for ICTs.30 The amended law has, for instance, put an end to the
legal vacuum under which virtual mobile networks and ISPs had to operate. The text further
defines an IXP as an exchange point of national internet traffic, which also manages international
traffic. The definition of an IXP did not exist in the law before. However, no amendments were
proposed to Articles 14 and 30, which oblige telecom operators to make a list of their subscribers
available to the public.
LIMITS ON CONTENT
Censorship has drastically reduced since the overthrow of the Ben Ali regime, which employed one
of most repressive internet censorship apparatuses in the world. Over the past year, there was no
evidence of politically-motivated filtering. Popular social media tools such as Facebook, YouTube,
Twitter, and international blog-hosting services are freely available in the country. Crucially, the
judiciary did not issued any further verdicts in favor of blocking, despite dozens of complaints
lodged against the ATI to filter defamatory Facebook pages.31
Indeed, since the revolution, the judiciary has quickly found itself at the center of many censorship
debates, in great deal due to its role of enforcing many of the countrys not-yet-reformed laws. For
26
MaghrebEmergent,TunisieRemisedestrophesOpenGovTnAwards2012[Tunisia:OpenGovTNAwards2012
awardsceremony],maghrebemergent.info,January27,2013,http://www.maghrebemergent.info/actualite/fil
maghreb/20508tunisieremisedestropheeslopengovtnawards2012r.html[inFrench]
27
AgenceTunisiennedInternet,TunIXP:the1stInternetexchangeintheMaghrebArabRegion,ati.tn,accessedJanuary31,
2013,http://www.ati.tn/TunIXP
28
Telecompaper,OperatorscanbypassATIforinternationalinternettraffic,telecompaper.com,January14,2013,
http://www.telecompaper.com/news/operatorscanbypassatiforinternationalinternettraffic918597
29
TunisieHautDbit,AprsundbathouleuxsurlATI,laConstituanteadoptelenouveaucodedestelecoms[TheConsituent
Assemblyadoptsthenewtelecommunicationscode,followingaheateddebatedabouttheATI],thd.tn,April4,2013,
http://thd.tn/index.php?option=com_content&view=article&id=3263:apresundebathouleuxsurlatilaconstituanteadopte
lenouveaucodedestelecoms&catid=56&Itemid=50
30
http://www.intt.tn/upload/txts/ar/loi012001ar.pdf
31
IndexonCensorship,Theinternetisfreedom:IndexspeakstoTunisianInternetAgencychief,indexoncensorship.org,
February3,2012,http://www.indexoncensorship.org/2012/02/tunisiainternetmoezchakchouk
TUNISIA |

example, in May 2011, the Tunis Permanent Military Tribunal ordered the blocking of five
Facebook pages on charges of defamation against the military and its leaders.32 The ATI could only
implement the verdict for a short period of time, citing technical issues that occurred as a result
of a 15 GB increase in internet traffic and a breakdown of filtering machinery.33 That same month, a
Tunis-based primary court ordered filtering of X-rated content based on a complaint lodged by
three lawyers, who argued that the sites were a threat to minors and the countrys Muslim values.34
After the ATI lost an appeal, the verdict was eventually overturned by Tunisias highest appeal
court, the Cassation Court, in February 2012 on the grounds that the ATI lacked the technical
capacity to implement the mandated filtering.35 Explaining the reasoning behind the ATIs move to
appeal the court verdicts, ATI president Moez Chakchouk stated, This is not about pornography;
its a matter of principle. In post-revolutionary Tunisia, we are determined to break with the
former regimes censorship practices. Interestingly, although the ATI was obliged to practice
filtering during the former regime, there is no law that formally requires this filtering.36
Although the government no longer advocates censorship, several laws from the Ben Ali era
continue to pose a significant threat to internet freedom, even if they are sporadically enforced.
Under Article 1 of the 1997 Telecommunications Decree, 37 ISPs remain legally liable for thirdparty content. Furthermore, Article 9 of the 1997 Internet Regulations38 requires ISPs to actively
monitor and take down objectionable online content.39 Laws continue to allow the government to
censor internet content that is deemed obscene or threatening to public order, or is defined as
incitement to hate, violence, terrorism, and all forms of discrimination and bigoted behavior that
violate the integrity and dignity of the human person, or are prejudicial to children and
adolescents.40 In the absence of any judiciary action, these provisions have not led to any major
issues over the coverage period.
Although the pervasive environment of self-censorship dissipated rapidly with the fall of Ben Ali,
some online activists avoid crossing red lines over fears that Ammar404 could be reinstated. 41
For instance, political cartoonist _Z_ still prefers to stay anonymous because he fears that the
32TunisieLetribunalmilitaireordonnelacensuredequatrepagessurFacebook[TunisiaThemilitarycourtorderedthe
censorshipoffourpagesonFacebook],BusinessNews,May11,2011,http://www.businessnews.com.tn/TunisieLetribunal
militaireordonnelacensuredequatrepagessurFacebook,520,24752,1.
33
IndexonCensorship,Theinternetisfreedom:IndexspeakstoTunisianInternetAgencychief,indexoncensorship.org,
February3,2012,http://www.indexoncensorship.org/2012/02/tunisiainternetmoezchakchouk
34Tuniscourtupholdsorderrequiringfilteringofpornsites,ReporterswithoutBorders,August16,2011,
http://en.rsf.org/tunisiacourttotakecrucialdecisionfor01072011,40566.html.
35GlobalVoicesOnline,Tunisia:CourtQuashesVerdictOrderingtheFilteringofPornography,globalvoicesonline.org,
February22,2012,http://globalvoicesonline.org/2012/02/22/tunisiacourtquashesverdictorderingthefilteringof
pornography
36
IndexonCensorshipMagazine,OntheGround:MoezChakchoukonTunisia,[Volume41Number42012],December2012,
http://ioc.sagepub.com/content/41/4/60.extract
37
AvailableinArabicat:http://www.mincom.tn/fileadmin/templates/PDF/juridiques/D19970501_ar.pdf
38
AvailableinArabicat:http://www.mincom.tn/fileadmin/templates/PDF/juridiques/A22031997_ar.pdf
39Tunisia:BackgroundpaperonInternetregulation,Article19,legalanalysis,March2011.
40
LetterfromChargdAffairsDriditoHumanRightsWatch,ascitedinFalseFreedom:OnlineCensorshipintheMiddleEast
andNorthAfrica,HumanRightsWatch,2005,availableathttp://bit.ly/12lmFoc.
41
ITNewsAfrica,TunisiaDeletesInternetCensorshipPolicies,itnewsafrica.com,accessedJanuary30,2013,
http://www.itnewsafrica.com/2012/09/tunisiadeletesinternetcensorshippolicies
TUNISIA |

surveillance equipment could still be in place today, waiting for a reactivation signal.42 Similarly,
on June 10, 2012, the organizers of the contemporary art fair Printemps des Arts temporarily
shut down the expositions website after ultra-conservative protesters attacked the fairs closing
ceremony for exhibiting blasphemous artwork.43 Still, users are more open to discussing religion,
the army, and other sensitive issues on the web compared to traditional media platforms. For
instance, while traditional media remained silent regarding the case of Jabeur Mejri, who received a
seven-and-half year prison sentence for publishing cartoons of the prophet Muhammad on
Facebook, it was covered extensively by online media outlets (for more on Mejris case, please see
Violations of User Rights).
Since the revolution, numerous online sources of information have been launched alongside new
newspapers, radio stations, and television channels, enriching the information landscape through
the addition of viewpoints from a diverse range of social actors. This has been helped by the fact
that there are few restrictions when it comes to online advertising or foreign investment. The
abundance of online news sources has led to some cases in which partisan interests have
manipulated information. There is strong suspicion that Ennahda, the ruling Islamist party,
maintains a digital army of young activists and bloggers tasked with managing Facebook
communities and disseminating partisan content as part of an info war. The Ennahda apparatus
was particularly active during the partys ninth congress, which took place in July 2012.44
Nevertheless, the unprecedented openness of the Tunisian internet sphere in the post-Ben Ali era
has greatly diluted the influence of such content, and there have been positive online initiatives to
counter rumors that have the potential to spark riots. For instance, the Tunisian Association for
Digital Liberties (ATLN) created ch9alek.org, a crowd-sourcing platform to combat rumors spread
online.45
Tunisian youth and civil society organizations have continued to use digital media for initiatives
relating to political and social issues. In April 2013, the anti-corruption organization I Watch
launched Billkamcha.com, a crowd-sourced map that permits netizens to report on corruption
cases.46 In another case, the civil society organization al-Bawsala continues to track the National
Constituent Assemblys progress in drafting the constitution for the second consecutive year. The
group live-tweets the assemblys sessions and publishes law projects and voting records on the
platform Marsad.tn.47
42
GlobalVoicesOnline,TunisianPoliticalCartoonist_Z_:NothingHasReallyChanged',globalvoicesonline.org,August26,
2012,http://globalvoicesonline.org/2012/08/26/tunisianothinghasreallychangedsaysanonymouspoliticalcartoonist_z_
43
LeJournaldesArts,EmeutesenTunisie:lesartistesdnoncentunevastemanipulation[riotsinTunisia:artists
condemnanextensivemanipulationcampaign],lejournaldesarts.fr,June20,2012,
http://www.lejournaldesarts.fr/site/archives/docs_article/101360/emeutesentunisielesartistesdenoncentunevaste
manipulation.php[inFrench].Theexhibitionswebsiteishttp://www.marsaarts.com.
44
Nawaat,9mecongrsdEnnahdha:Quandleshowprendledessussurlefond,nawaat.org,July20,2012,
http://nawaat.org/portail/2012/07/20/9emecongresdennahdhaquandleshowprendledessussurlefond
45
http://www.ch9alek.org/
46
Nuqudy,AntiCorruptionWebsiteLaunchedinTunisia,english.nuqudy.com,April25,2013,
http://english.nuqudy.com/North_Africa/AntiCorruption_Web5356
47
http://www.marsad.tn/
TUNISIA |

In May 2012, the collective blog Nawaat launched a campaign to criticize the military after an army
general confiscated two cameras belonging to Ramzi Bettibi, an investigative journalist working for
the blog. Bettibi was covering a military court hearing regarding protesters killed during the
revolution. Nawaat criticized the militarys lack of transparency and the slow pace of the
investigation. The blog also reported that some army units might have been involved in the
repression of protesters during the uprising, signaling a strong willingness to take on this powerful
institution in Tunisian society.48

While Tunisia has taken significant steps to promote internet access and halt online censorship, the
countrys legal framework remains a significant threat to internet freedom. Delays in drafting a
new constitution and establishing a new legal framework based on international norms continue to
hold Tunisia back. Under laws from the Ben Ali era, the judiciary has continued to prosecute users
over online expression.
The National Constituent Assembly (NCA), elected in October 2011, is scheduled to adopt a new
constitution over the summer of 2013. According to a draft released in April 2013, free speech is
protected and prior censorship is prohibited. However, there is no explicit mention of the right
to access the internet, despite numerous calls from activists and organizations.49 Following
negotiations with its coalition partners, Ennahda agreed to drop a clause criminalizing blasphemy in
the constitution.50 Concerns remain, however, over the possible insertion of clauses relating to the
protection of religion or the sacred. If adopted, such a clause could act as a constitutional
restriction to freedom on the internet, where religious issues are currently debated more openly
than in the mainstream media or on the streets.
In a move that consolidated freedom of expression online, the Tunisian government finally moved
to implement Decree-law 115 on Press, Printing and Publishing of 2011,51 following a nationwide
strike by journalists in October 2012.52 The law recognizes web journalists as professional
journalists and entitles them to the same rights and legal protections granted to print and broadcast
journalists.53 When it comes to libel, the law abolished prison sentences for criminal defamation,
48
GlobalVoicesOnline,Tunisia:ProtestingtheMilitary'sLackofTransparencyandCensorship,globalvoicesonline.org,June2,
2012http://globalvoicesonline.org/2012/06/02/tunisiaprotestingthemilitaryslackoftransparencyandcensorship/
49
Article19,Tunisia:Let'sworktogethertoformulatetheConstitution,article19.org,April4,2012,
http://www.article19.org/resources.php/resource/3017/en/tunisia:let'sworktogethertoformulatetheconstitution
50
TheTelegraph,Tunisiaplanstooutlawblasphemydropped,telegraph.co.uk,October12,2012,
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/tunisia/9605965/Tunisiaplanstooutlawblasphemy
dropped.html
51
http://www.inric.tn/D%C3%A9cretloi2011_115Arabe.pdf
52
France24,Tunisianjournalistsstrikeoverpressfreedom,france24.com,October17,2012,
http://www.france24.com/en/20121017tunisianjournalistsstrikeoverthreatspressfreedomislamistledgovernment
53
ReportersWithoutBorders,AnalysisofLawNo.2011115dated2November2011,relatingtofreedomofthepress,printing
andpublication,en.rsf.org,February14,2012,http://en.rsf.org/IMG/pdf/120214_observations_rsf_code_de_la_presse_gb_
_neooffice_writer.pdf
TUNISIA |

places the burden of proof on the plaintiff, and excludes statements of public interest.54 However,
journalists and free speech advocates have criticized the implementation of the decree as
incomplete. In some cases, such as that of Olfa Riahi discussed below, judges and prosecutors have
ignored decree 115 and instead used the 1975 press law and provisions of the penal code to
prosecute bloggers and online journalists lacking formal press qualifications.
The repressive laws of the Ben Ali regime still remain the greatest threat to internet freedom. For
example, Article 86 of the Telecommunications Code states that anyone found guilty of using
public communication networks to insult or disturb others could spend up to two years in prison
and may be liable to pay a fine. Articles 128 and 245 of the penal code also punish slander with two
to five years imprisonment.55 In addition, there has been no push on the part of the authorities to
hold former regime members accountable for widespread offenses committed during the Ben Ali
era..56 While censorship is no longer a significant issue, these laws continued to be employed to
prosecute internet users throughout late 2012 and early 2013.
In the gravest violation of user rights over the past year, on April 25, 2013, the Court of Cassation
upheld Jabeur Mejris seven and half year prison sentence for publishing cartoons depicting the
prophet Mohammad on his Facebook page. He was convicted of insulting others through public
communication networks under Article 86 of the Telecommunications Code through a post
deemed as offensive to Islam and liable to cause harm to public order or public morals under
Article 121 (3) of the Tunisian Penal Code.57 Having previously lost another appeal in June 2012,58
Mejris defense team will now seek a presidential pardon for their client. Ghazi Beji, a friend of
Mejri, was also sentenced after publishing an essay that satirized the Prophet Muhammads
biography on Scribd.com, a free social publishing website, in July 2011. Beji, however, was
convicted in absentia since he has since fled the country.59
In another disturbing case, in early January 2013, an investigative judge imposed a travel ban on
blogger Olfa Riahi over a blog post she published in December 2012. In the post, Riahi claimed that
then-foreign minister Rafik Abdessalam misused public money by spending several nights at the
luxurious Sheraton hotel in downtown Tunis and implied that he might have been involved in an
extra-marital affair. On March 9, 2013, a judge lifted the travel ban. Since Riahi has not benefitted
from traditional protections allotted to journalists, the blogger still faces fines and up to five years
54
Tunisia:Press,Printing,andPublicationCodeLegalAnalysis,Article19,November2011,availableat
http://bit.ly/13Eova5.
55
CodePenal,JuristeTunisie,2009,http://www.jurisitetunisie.com/tunisie/codes/cp/cp1225.htm.
56
Nawaat,Tunisia:CyberActiviststoSueInteriorMinistryoverWebCensorship,nawaat.org,August21,2012,
http://nawaat.org/portail/2012/08/21/cyberactiviststosueinteriorministryoverwebcensorship
57
AmnestyInternational,Tunisia:upholdingofblogger'ssevenyearjailsentencefor'insultingIslam'condemned,
amnesty.org.uk,April26,2013,http://www.amnesty.org.uk/news_details.asp?NewsID=20753
58
IndexonCensorship,VerdictinMuhammadcartoonconvictionupheld,uncut.indexoncensorship.org,June25,2012,
http://uncut.indexoncensorship.org/2012/06/verdictinmuhammadcartoonconvictionupheld
59
Nawaat,InterviewavecGhaziBji,unantithisteenfuitedelaTunisie[InterviewwithGhaziBeji,anantitheistwhofled
Tunisia],Nawaat.org,June29,2012,http://nawaat.org/portail/2012/06/29/interviewavecghazibejiunantitheisteenfuite
delatunisie
TUNISIA |

imprisonment60 for criminal defamation,61 offending others through public communication
networks,62 publishing false news that could disturb public order,63 and violating privacy.64
On March 21, 2013, a Tunisian court sentenced rapper Ala Yacoubi (also known as Weld El 15)
to two years in prison in absentia over an anti-police video clip he published on YouTube.65 In the
song, Yacoubi describes police officers as dogs and says he would like to slaughter a police officer
instead of sheep at Eid al-Adha. Actress Sabrine Klibi, who appears in the video, and cameraman
Mohamed Hedi Belgueyed both received six-month suspended jail sentences.66 In a bid to reduce
his sentence, Yacoubi turned himself in on June 13. Although the original verdict was initially
confirmed, he was subsequently freed on July 4 and given a reduced six-month suspended
sentence.67
In addition to government action, users must also be weary of extralegal attempts to silence online
activists. Two days before the assassination of leftist opposition leader, Chokri Belaid, on February
6, 2013, a list of activists and politicians to be slaughtered was published on an extremist
Facebook page. The list included names of opposition politicians, activists, and journalists,
including blogger Olfa Riahi. 68 In March 2013, FEMEN activist Amina Tyler was threatened for
posting topless pictures of herself on Facebook. Adel Almi, founder of Tunisias Commission for
the Promotion of Virtue and Prevention of Vice, said the young woman deserves to be stoned to
death.69
Laws that limit online anonymity also remain a concern in the post-Ben Ali era. In particular,
Article 11 of the Telecommunications Decree prohibits ISPs from transmitting encrypted
information without prior approval from the Minister of Communications. Furthermore, under
Articles 8 and 9 of the Internet Regulations, ISPs are required to submit lists of their subscribers to
the ATI and to retain archives of content for up to one year.70 While there have been no reports of
these laws being enforced, their continuing existence underscores the precarious nature of Tunisias
newfound and relatively open internet environment.
There were no reports of extralegal government surveillance of online activity in the post-Ben Ali
period. However, the deep-packet inspection (DPI) technology once employed to monitor the
60
ReportersWithoutBorders,Sheratongate:Bloggersallegationsagainstforeignministerlandherincourt,en.rsf.org,
January17,2013,http://en.rsf.org/tunisiasheratongatebloggersallegations17012013,43926.html
61
UnderArticles128and245oftheTunisianPenalCode,thischargecarriestwoyearsimprisonment.
62
Article86oftheTelecommunicationscode,uptotwoyearsimprisonment.
63
Article121(3)ofthepenalcode,uptofiveyearsimprisonmentand,underthenewpresslaw,afineofupto5000dinars.
64
Law632004ontheProtectionofPersonalData,uptotwoyearsimprisonment.
65
Seehttps://www.youtube.com/watch?v=6owW_Jv5ng4
66
IndexonCensorship,FreespeechonholdinTunisiaasrapperfacesjail,uncut.indexoncensorship.org,March28,2013,
http://uncut.indexoncensorship.org/2013/03/freespeechonholdintunisiaasrapperfacesjail/
67
BillChappell,JailedTunisianRapperisFreed;SongCalledPoliceDogs,NPR,July2,2013,
http://www.npr.org/blogs/thetwoway/2013/07/02/197997952/jailedtunisianrapperisfreedsongcalledpolicedogs.
68
ARTE,Tunisie:lalistenoiredessalafistes[Tunisia:Salafistsblacklist],videos.arte.tv,March17,2013
http://videos.arte.tv/fr/videos/tunisielalistenoiredessalafistes7395644.html
69
TheNewYorker,HowtoProvokeNationalUnrestwithaFacebookPhoto,newyorker.com,April8,2013,
http://www.newyorker.com/online/blogs/elements/2013/04/aminatylertoplessphotostunisiaactivism.html
70
Tunisia:BackgroundpaperonInternetregulation,Article19,legalanalysis,March2011.
TUNISIA |

internet and intercept communications is still in place, sparking worries that the technology can be
reinstated if desired. Confusion reigns over how surveillance is conducted in contemporary Tunisia,
particularly in the absence of a new constitution and legal reforms that would protect citizens from
mass surveillance. ICT minister Mongi Marzoug has, on several occasions, tried to reassure netizens
that surveillance is being implemented legally and with court orders.71 Tunisias Data Protection
Authority (known by its French acronym INPDP) is set to amend the countrys 2004 privacy law in
order to ensure the bodys independence from any government interference.72 As it stands, the law
exempts public authorities from obtaining the consent of the INPDP to access and process personal
data.
Since Ben Alis fall, there have been no reported incidents of cyberattacks perpetrated by the
government to silence ICT users. However, other groups have been employing these methods to
intimidate activists and organizations with whom they do not agree. In October 2012, the awardwinning collective blog Nawaat.org suffered distributed denial-of-service (DDoS) attacks after it
leaked a private conversation between then-Prime Minister Hamadi Jebali and his predecessor, Beji
Caid Sebsi.73 On December 11, 2012, the website of Tunisias largest labor union, the UGTT,
suffered a DDoS attack. The attacks were allegedly perpetrated by a Tunisian hacking group called
Fallega, believed to be a supporter of the Islamist party Ennahda, in protest of the unions vow to
stage a nationwide strike.74
71
AfricanManager,Tunisie:LInternetcontrloucensur?[Tunisia:Istheinternetmonitoredorcensored?],
africanmanager.com,September5,2012,http://www.africanmanager.com/143050.html.
72
IndexonCensorship,NeweraprivacylawdraftedtoprotectTunisiansfromthesurveillancestate,
uncut.indexoncensorship.org,August15,2012,http://uncut.indexoncensorship.org/2012/08/tunisiadraftsneweraprivacy
law.
73
GlobalVoicesAdvocacy,MENANetizenReport:PornEdition,advocacy.globalvoicesonline.org,November14,2012,
http://advocacy.globalvoicesonline.org/2012/11/14/menanetizenreportpornedition.
74
TunisieHautDbit,Tunisie:Lesitedel'UGTTpirat,motdepasseadmindivulgu[Tunisia:UGTTwebsitehacked,admin
passworddisclosed],thd.tn,December11,2012,http://www.thd.tn/websphere/news/websphere/tunisielesitedelugtt
piratemotdepasseadmindivulgue.
TUNISIA |
TURKEY
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
12
17
17
46
12
18
19
49


Turkish authorities added several thousand websites to its blocking list, increasing the
total to almost 30,000 (See LIMITS ON CONTENT).
Ruling in favor of a Turkish user, the European Court of Human Rights found Turkey
in violation of Article 10 of the European Convention on Human Rights for blocking
access to the hosting platform Google Sites (see LIMITS ON CONTENT).
Several users received fines, prison time, or suspended sentences for comments made
on social media, including renowned pianist Fazil Say. Say was handed a 10-month
suspended sentence for insulting religious values on Twitter and will appeal.
Meanwhile, a Turkish-Armenian linguist and columnist was handed a 10-month
sentence on similar charges related to a blog post (see VIOLATIONS OF USER RIGHTS).
TURKEY

This report covers events between May 1, 2012 and April 30, 2013. In late May 2013, what started
as a relatively small and peaceful protest at Gezi Park in the Taksim district of central Istanbul rapidly
snowballed into the largest anti-government protests that Turkey has seen in years. Demonstrations
spread from Istanbul to Ankara, Izmir, Adana, and other cities across the country. While the original
protest called for the halt of a plan to transform Gezi Park into a shopping mall, public outrage grew
over the disproportionate police response in which water cannons and tear gas were used in an excessive
display of force. The dramatic events exposed the complicity of mainstream Turkish media, which
largely failed to report the massive anti-government protests that ensued. Instead, sites such as
YouTube, Facebook, and Twitter arose as some of the few outlets for reliable coverage on the protests,
leading Prime Minister Reep Tayyip Erdoan to describe social media as the worst menace to society.
Dozens of people were arrested for their social media posts, and criminal investigations are expected
under the use of Articles 214 and 217 of the Turkish Penal Code concerning incitement to commit a
crime and disobey the law. The government also hinted that it may introduce further measures to
exercise greater control over social media, with ministers calling for companies to assist law
enforcement agencies in identifying anonymous users so that they may be prosecuted for allegedly
violating the countrys laws.
INTRODUCTION
Internet and mobile telephone use in Turkey has grown significantly in recent years, though access
remains a challenge in some parts of the country, particularly in the southeast. Until 2001, the
government pursued a hands-off approach to internet regulation but has since taken considerable
legal steps to limit access to certain information, including some political content. In February
2011, the Information and Communications Technologies Authority (BTK) announced plans to
establish a countrywide mandatory filtering system with the aim of protecting citizens from socalled harmful content, which included but was not limited to sexually-explicit content and
terrorist propaganda.1 Subsequent to strong opposition from the public, street demonstrations, and
a legal challenge, the policy was made optional for subscribers.2 Nonetheless, civil society
organizations have continued to criticize the system since it became operational in November 2011,
and a legal challenge is ongoing at the Council of State level.
According to Engelliweb, there were over 29,000 blocked websites as of April 2013, almost
10,000 more compared to February 2012.3 Several domestic news websites and online streaming
services, such as Last.fm and Metacafe, continue to be blocked in Turkey. Over the last three years,
citizens have filed five separate applications to the European Court of Human Rights (ECHR) to
challenge the governments blocking of YouTube, music streaming site Last.fm, and the webpage
1
DecisionNo.2011/DK10/91ofBilgiTeknolojileriveletiimKurumu,datedFebruary22,2011.
YesimComert,MarchersprotestnewTurkishWebfilteringrule,CNN,May15,2011,
http://edition.cnn.com/2011/WORLD/meast/05/15/turkey.internet.protest/index.html.
3
Engelliweb.comisawebsitethatdocumentsinformationaboutblockedwebsitesfromTurkey.SiteaccessedApril30,2013,
2
TURKEY

creation tool Google Sites, after appeals before the local courts were rejected.4 YouTube was
unblocked in 2010. In December 2012, ruling in the case of Ahmet Yildirim v. Turkey,5 the ECHR
unanimously held that there had been a violation of Article 10 of the European Convention of
Human Rights in the case of the Turkish courts blocking of the hosting platform Google Sites.6 The
verdict, however, did not result in any shift in government policy related to the problematic Law
No. 5651, used often to block websites. In its 2012 Progress Report for Turkey's Accession to the
European Union (EU), the European Commission stated that "frequent website bans are a cause for
serious concern and there is a need to revise the law on the internet."7
Over the past year, several social media users were prosecuted on charges related to terrorism,
blasphemy, obscene content, and criticism of the state or its officials. In the most widely-covered
case, the pianist and composer Fazil Say was given a suspended sentence of 10 months
imprisonment for insulting religious values in a series of tweets he had posted to Twitter. A linguist
and former columnist was handed 13 months for a similar offense related to a blog entry he had
written on the offensive Innocence of Muslims video. Finally, a user was sentenced to nine years
and seven months imprisonment for allegedly disseminating terrorist propaganda over Facebook.
Many others received suspended sentences and fines.
OBSTACLES TO ACCESS
Despite an increasing penetration rate in the last few years, obstacles to internet access in Turkey
remain. According to the International Telecommunication Union (ITU), internet penetration
stood at 45 percent in 2012, up from 29 percent in 2007.8 Total broadband subscriptions stood at
over 20 million at the end of 2012, of which over 10 million were mobile broadband
subscriptions.9 In total, mobile penetration was at 91 percent in 2012 and all mobile phone
operators offer third-generation (3G) data connections.10
Most users access the internet from workplaces, universities, and internet cafes. Poor infrastructure
and a lack of electricity in certain areas, especially in the eastern and southeastern regions, have had
a detrimental effect on citizens ability to connect to the internet, particularly from home. While
prices have decreased, they do remain high. Bandwidth capping has become standard practice and a
part of the broadband services offered by major providers since 2011. A lack of technical literacy,
particularly among older Turks, also inhibits wider internet use.
4
TheYouTubeblockwasliftedinNovember2010onlyafterdisputedvideosweremadeinaccessiblefromthecountry.
Applicationno.3111/10.
6
SeefurtherTurkishblockonGooglesitebreachedArticle10rights,rulesStrasbourgat
http://ukhumanrightsblog.com/2013/01/16/turkishblockongooglesitebreachedarticle10rightsrulesstrasbourg/
7
EuropeanCommission,Turkey:2012ProgressReport,COM(2012)600,Brussels,10.10.2012SWD(2012)336
8
subscriptions,fixed(wired)broadbandsubscriptions,2007&2012,accessedJuly11,2013,http://bit.ly/14IIykM.
9
ElectronicCommunicationsMarketinTurkeyMarketData(2012Q4),InformationandCommunicationTechnologies
Authority,March152013,Slide30,accessedJuly11,2013,http://eng.btk.gov.tr/dosyalar/20124English_15_03_2013.pdf.
10
5
TURKEY

There are around 150 internet service providers (ISPs) in Turkey, though the majority act as
resellers for the dominant, partly state-owned Turk Telekom, which provides more than 81
percent of broadband access in the country through its subsidiary TTNET.11 Turkcell is the leading
mobile phone provider, with 51.9 percent of subscribers, followed by Vodafone and Avea.12
Overall, delays in the liberalization of local telephony continue to undermine competition in the
fixed-line and broadband markets. ISPs are required by law to submit an application for an activity
certificate from the Telecommunications Communication Presidency (TIB), a regulatory body,
before they can offer services. Internet cafes are also subject to regulation. Those operating without
an activity certificate from a local municipality may face fines of TRY 3,000 to 15,000 ($1,900 to
$9,600). Mobile phone service providers are subject to licensing through the Information and
Communications Technologies Authority (BTK).
The Computer Center of Middle East Technical University has been responsible for managing
domain names since 1991. Furthermore, the Information and Communication Technologies
Authority (BTK) oversees and establishes the domain name operation policy and its bylaws. Unlike
in many other countries, individuals in Turkey are not permitted to register and own .com.tr and
.org.tr domain names unless they own a company or civil society organization with the same
name as the requested domain. A new set of rules on domain names registration was published in
the Official Gazette on November 7, 2010.
The BTK and the TIB, which it oversees, act as the regulators for ICTs and are well staffed and selffinanced.13 However, the fact that board members are government appointees is a potential threat
to the authoritys independence, and its decision-making process is not transparent. Nonetheless,
there have been no reported instances of certificates or licenses being denied. The TIB also oversees
the application of the countrys website blocking law and is often criticized by pressure groups for a
lack of transparency.
LIMITS ON CONTENT
Government censorship of the internet is relatively common and has increased steadily over recent
years. Blocking orders related to intellectual property infringement continued in 2012 and in early
2013, particularly for file-sharing and streaming websites. In total, another several thousand
websites were blocked over the past 12 months alone, including many sites that were blocked for
political or social reasons. The prosecution of users for online posts has had a chilling effect on selfcensorship, which remains extensive in online media as in traditional media. Finally, it is becoming
increasingly difficult to find alternative sources of information, particularly related to LGBT and
minority issues.
YouTube, Facebook, Twitter, and international blog-hosting services are freely available, although
the government has routinely blocked access to these and other social media sites in the past.
11
ElectronicCommunicationsMarketinTurkeyMarketData(2012Q4),Slide32.Figuresdonotincludecableinternet.
ElectronicCommunicationsMarketinTurkeyMarketData(2012Q4),Slide38.
13
InformationandCommunicationTechnologiesAuthority,http://www.tk.gov.tr/Eng/english.htm.
12
TURKEY

Currently, access to the following services is blocked: Last.fm, Metacafe, Dailymotion, Google
groups, and the photo-sharing website Slide. Access to the popular digital documents sharing
website Scribd was also blocked in March 2013 by an Istanbul Court.14 In most instances, largescale shutdowns of these websites have been blunt efforts to halt the circulation of specific content
that is deemed undesirable or illegal by the government. YouTube, for example, was intermittently
blocked multiple times in recent years to prevent users from accessing videos critical of Turkeys
founding father Mustafa Kemal Ataturk, although it has remained accessible since October 2010.
Since October 2012, YouTube operates in the country under a local com.tr domain which, the
authorities claim, makes it easier for them to ask Google to remove objectionable content.15
The responsibilities of content providers, hosting companies, mass-use providers, and ISPs are
delineated in Law No. 5651, enacted in May 2007 and titled Regulation of Publications on the
Internet and Suppression of Crimes Committed by Means of Such Publication.16 The laws most
important provision calls for the blocking of websites that contain certain types of content,
including material that shows or promotes the sexual exploitation and abuse of children, obscenity,
prostitution, or gambling. Also targeted for blocking are websites deemed to insult Mustafa Kemal
Ataturk, the founding father of modern Turkey. Domestically hosted websites with proscribed
content can be taken down, while websites based abroad can be blocked and filtered through ISPs.
In April 2011, the TIB sent a letter to hosting companies based in Turkey with a list of 138
potentially provocative words that may not be used in domain names and websites.17 This raised
strong national and international criticism, to which the TIB responded that the list of words was
intended to help hosting companies identify and remove allegedly illegal web content.18 According
to Engelliweb.com, there were over 29,000 blocked websites as of May 2013.19
Although Law No. 5651 was designed to protect children from illegal and harmful internet
content, its broad application to date has effectively restricted adults access to some legal content.
In some instances, the courts have also made politically motivated judgments to block websites
using other laws. For example, the courts have indefinitely blocked access to the websites of several
alternative news sources that report news on southeastern Turkey and Kurdish issues, such as
Atilim, zgr Gndem, Azadiya Welat, Keditr, Gnlk Gazetesi, and Firat News Agency. Access
to the website of Richard Dawkins, a British etiologist, evolutionary biologist and popular science
writer, was blocked in September 2008 after a pro-creationist Islamist claimed that the website
14
Istanbul12thCriminalCourtofPeace,DecisionNo2013/209D.,08.03.2013.
SeefurtherReuters,YouTubeopensTurkishsite,givinggovernmentmorecontrol,02October,2012at
http://www.reuters.com/article/2012/10/02/netusturkeyyoutubeidUSBRE8910T420121002
16
LawNo5651waspublishedontheTurkishOfficialGazetteon23.05.2007,No.26030.Acopyofthelawcanbefound(in
Turkish)athttp://www.wipo.int/wipolex/en/details.jsp?id=11035.
17
Severalcontroversialwordsappearedonthelistof"bannedwords"including:Adrianne(nooneknowswhosheis),Haydar
(nooneknowswhoheis),aayvan(animal),baldiz(sisterinlaw),buyutucu(enlarger),ciplak(nude),citir(crispy),etek(skirt),
free,girl,ateli(passionate),frikik(freekick),gay,gizli(confidential),gogus(breast),hikaye(story),homemade,hot,tiraf
(confession),liseli(highschoolstudent),nefes(breath),partner,sarisin(blond),sicak(hot),sisman(overweight),yasak
(forbidden),yerli(local),yetiskin(adult),andsoon.
18
EkinKaraca,138WordsBannedfromtheInternet,Bianet,April29,2011,http://www.bianet.org/english/freedomof
expression/129626138wordsbannedfromtheinternet;Seealso,ErisaDautajSenerdem,TIBsforbiddenwordslist
inconsistentwithlaw,sayTurkishwebproviders,HurriyetDailyNews,April29,2011,
http://www.hurriyetdailynews.com/n.php?n=tibsforbiddenwordslistinconsistentwithlaw20110429.
19
Engelliweb.comisawebsitethatdocumentsinformationaboutblockedwebsitesfromTurkey.AccessedMay8,2013.
15
TURKEY

contents had insulted him, his work, and his religion. An Istanbul Court later lifted the blocking
order and rejected the defamation claims in July 2011. As of January 2013, the case is on appeal at
the Court of Appeal, but the website is currently accessible from Turkey.20
Access to several Redhack-related websites has also been blocked over the past year.21 The MarxistSocialist group is known for conducting cyberattacks on government websites in order to obtain
and release sensitive and damaging information. In July 2012, there were also calls by the Ministry
of Foreign Affairs to block access to the cloud-storage service Dropbox, which Redhack had used
for disclosing the identities of hundreds of Turkish bureaucrats and diplomats working outside
Turkey.22
In the past, there have been attempts to block websites that allegedly defame individuals. On
September 28, 2010, the Ankara Third Criminal Court of Peace ordered the blocking of
BugunKilicdaroglu.com, a website that assesses the policies and strategies of Kemal Kldarolu,
the leader of the Republican Peoples Party (CHP), Turkeys main opposition party. The injunction
to block access to the website was requested by Mr. Kldarolus lawyers for reasons of
defamation. The Ankara 11th Criminal Court of First Instance overturned the blocking decision in
January 2011.23
Despite the fact that it is not illegal, sexually-explicit content is often blocked by the authorities
under the guise of protecting minors. Access to 5Posta.org, a Turkish-language website which
features writings of a sexual nature, was blocked by two different decisions, and an appeal is
ongoing.24 Similarly, as of early 2013, an appeal is ongoing at the Council of State level with
regards to the blocking of Playboy.com in Turkey. The user-based appeal was lodged by two
university professors.
The Turkish government has come under criticism from a number of European bodies for its
blocking practices. Thomas Hammarberg, the Council of Europes Commissioner for Human
Rights, stressed the need to review Law No. 5651 to align the grounds for restricting access to a
website with those accepted in the case law of the European Court of Human Rights.25 Similarly,
the European Commission, in its 2012 Progress Report for Turkey's Accession to the European
Union, stated that "frequent website bans are a cause for serious concern and there is a need to
revise the law on the internet."26
20
RD.netnolongerbannedinTurkey!TheRichardDawkinsFoundation,July8,2011,
http://richarddawkins.net/articles/642074rdnetnolongerbannedinturkey.
21
NotethedecisionoftheAnkaraHighCriminalCourtNo.11,decisionno2012/1039withregardstokizilhack.org,
redhack.deviantart.com,redhackers.organdkizilhack.blogspot.com.
22
Seehttp://bit.ly/R2s4NO.
23
YamanAkdeniz,FightingPoliticalInternetCensorshipinTurkey:OneSiteWonback,10,000ToGo,IndexonCensorship,
March4,2011,http://bit.ly/dSxV9Z.
24
Ankara8thAdministrativeCourtDecisionNo2010/3103,dated18October2012;Ankara6thCriminalCourtofPeace
DecisionNo2011/94dated24January2011.
25
ThomasHammarberg,FreedomofExpressionandMediaFreedominTurkey,CouncilofEurope,July12,2011,
https://wcd.coe.int/ViewDoc.jsp?id=1814085.
26
EuropeanCommission,Turkey:2012ProgressReport,COM(2012)600,Brussels,10.10.2012SWD(2012)336
TURKEY

Five separate applications were made to the European Court of Human Rights (ECHR) between
April 2010 and January 2011, after Turkish courts denied appeal to several cases regarding the
blocking of YouTube, Google Sites, and Last.fm. In February 2011, the ECHR published the
statement of facts for the appeals applications involving Google Sites and Last.fm and asked the
government of Turkey to respond to a number of questions by June 2011.27 The application related
to Last.fm has yet to be decided and the YouTube applications are yet to be processed by the
European court.
In December 2012, the ECHR published its decision in the case of Ahmet Yildirim v. Turkey
concerning a criminal courts decision in Denizli, a city in southwestern Turkey, to block access to
a webpage hosted by Google Sites for allegedly insulting the memory of Atatrk. Yildirim was the
owner of a separate website hosted by Google Sites and, after the entire hosting platform was
blocked, complained access had been restricted to his own site as an unwanted consequence. The
European Court of Human Rights, finding a violation of Article 10 of the European Convention on
Human Rights, held that a restriction on access to a source of information is only compatible with
the Convention if a strict legal framework is in place regulating the scope of a ban and affording the
guarantee of judicial review to prevent possible abuses.28 The ECHR ruled that by preventing access
to information and preventing the means of disseminating it, the Turkish courts decision had
infringed upon the right to free speech. Furthermore, the ECHR stated that local courts should
have had regard for the fact that such a broad blocking measure would render large amounts of
information inaccessible, thus directly affecting the rights of other internet users. After the
government did not appeal, the verdict became final in March 2013. Despite this, Google Sites
remains blocked within Turkey. A decision by the European Court on the Turkish governments
blocking of Last.fm is expected later in 2013.
In an attempt to further increase control over the internet in Turkey, the BTK announced in
February 2011 a decision to implement a mandatory countrywide filtering system with the aim of
protecting families from harmful content online, such as pornography.29 In response, the IPS
Communication Foundation, which owns the alternative media website Bianet, initiated a legal
challenge against the BTK in April 2011 at the Council of State, the highest administrative court in
Turkey.30 The pressure of legal action against the proposal eventually led the BTK to modify the
policy in August 2011, annulling the original decision and making the adoption of the filtering
system optional instead of compulsory.
27
ApplicationNo.3111/10byAhmetYILDIRIMagainstTurkey(GoogleSites)introducedJanuary12,2010andApplicationNo.
20877/10byYamanAkdenizagainstTurkey(Last.fm)introducedApril6,2010.Assessmentofthesetwocasesiscurrently
ongoingasofearly2012.
28
RestrictionofInternetaccesswithoutstrictlegalframeworkamountstoviolationoffreedomofexpression,Councilof
Europe,December18,2012,http://hub.coe.int/en/web/coe
portal/press/newsroom?p_p_id=newsroom&_newsroom_articleId=1288039&_newsroom_groupId=10226&_newsroom_tabs=
newsroomtopnews&pager.offset=0.
29
DecisionNo.2011/DK10/91ofBilgiTeknolojileriveletiimKurumu,datedFebruary22,2011.
30
OnSeptember27,2011,theCouncilofStaterejectedthestayofexecutionrequestbyBianetreferringtotheannulmentof
theFebruary22,2011.ThecasebetweenBianetandBTKiscurrentlyongoingasofearly2012.
TURKEY

Under the new rules, ISPs are compelled to offer two filtering profiles to subscribers, the child
and family options. However, the filtering criteria have been criticized as arbitrary and
discriminatory.31 For example, the child filter blocks access to several websites advocating the
theory of evolution as well as the website of Richard Dawkins,32 while some anti-evolution websites
remain accessible through the same filter.33 The filter also blocks access to Facebook and the online
video-sharing website YouTube, in addition to Yasam Radyo (Radio Life) and the Armenian
minorities newspaper Agos.34 While no detailed information is provided on the filtering process or
criteria, the BTK claimed in November 2012 that over one million home subscribers were using its
voluntary filtering system.35
On November 4, 2011, a legal challenge was launched by Alternatif Biliim Dernei (the Alternative
Information Technologies Association), which asked the Council of State to annul the modified
BTK filtering policy on the grounds that it lacked legal basis. The Association further argued that
the BTK system discourages diversity by imposing a single type of family and moral values. The
case continued at the Council of State level during 2012 and a decision is expected during 2013.
During 2012, in response to a number of parliamentary written questions, the Ministry of
Education acknowledged that it uses the Fortiguard web filtering software at primary education
institutions. The Ministry also received public criticism for blocking access to a number of minority
news websites in January 2012.36 Furthermore, in December 2012, the administrators of the
Turkish parliament rejected claims from members of parliament (MPs) that, within the parliament,
access to websites pertaining to the Alevi Islamic minority was blocked. In an earlier written
response dated February 27, 2012 to MP Ibrahim Binici, officials from the parliament admitted that
internet access from the parliament was filtered and that access to gambling, pornographic, gaming,
and terrorist websites is blocked.37
In addition to widespread filtering, state authorities are proactive in requesting the deletion or
removal of content online. Googles Transparency Report revealed that the number of content
removal requests the company received from Turkey between January and June 2012 increased by
1,013 percent compared to the previous six-month reporting period.38 In relation to YouTube,
31
NewInternetFilteringSystemCondemnedasBackdoorCensorship,ReportersWithoutBorders,December2,2011,
http://en.rsf.org/turquienewinternetfilteringsystem02122011,41498.html.
32
DorianJones,TurkeyBlocksWebPagesToutingDarwin'sEvolutionTheory,VoiceofAmerica,December23,2011,
http://www.voanews.com/english/news/europe/TurkeyBlocksWebPagesToutingDarwinsEvolutionTheory
136162663.html.
33
SaraReardon,ControversialTurkishInternetCensorshipProgramTargetsEvolutionSites,ScienceMagazine,December9,
2011,http://news.sciencemag.org/scienceinsider/2011/12/controversialturkishinternetc.html?ref=hp.
34
Agos'uBizDeilSistemEngelledi[AGOSwasfilteredthroughtheMinistryofEducationfilter.SeeHaberMerkezi],Bianet,
January23,2012,http://www.bianet.org/bianet/ifadeozgurlugu/135645agosubizdegilsistemengelledi.
35
Seehttp://www.tib.gov.tr/tr/trduyuru30
guvenli_internet_hizmeti%E2%80%99nin_1._yili_dolayisiyla_ankara_ve_istanbul%E2%80%99da_etkinlikler_duzenlendi.html.
36
Seehttp://www.tib.gov.tr/tr/trduyuru30
guvenli_internet_hizmeti%E2%80%99nin_1._yili_dolayisiyla_ankara_ve_istanbul%E2%80%99da_etkinlikler_duzenlendi.html.
37
SeeresponsetoIbrahimBinicidated27February2012,TBMMresponseno.A.01.0.KKB.0.10.00.00120.07(7/3747)79795
50631.
38
Google,Turkey,GoogleTransparencyReport,accessedJuly11,2013,
http://www.google.com/transparencyreport/removals/government/TR/.
TURKEY

Google received 148 requests from the TIB to remove 426 videos, all due to alleged criticism of
Atatrk, the government, or national identity and values. Google took down 63 percent of those
videos.39 The amount of requests decreased between July and December 2012. Turkish authorities
had requested to remove 17 YouTube videos and 22 Blogger posts. Google cooperated in 52
percent of cases related to YouTube, but did not remove any content on its Blogger service. In
addition, the company removed 6,851 out of 8,119 search results based on an order from a Turkish
court to remove copyright infringing material.40
The procedures surrounding decisions to block websites, whether by the courts or the TIB, are
nontransparent, creating significant challenges for those seeking to appeal. Judges can issue
blocking orders during preliminary investigations as well as during trials. The reasoning behind
court decisions is not provided in blocking notices and the relevant rulings are not easily accessible.
As a result, it is often difficult for site owners to determine why their site has been blocked and
which court has issued the order. The TIBs mandate includes executing judicial blocking orders,
but it can also issue administrative orders under its own authority for certain content. Moreover, in
some cases it has successfully asked content and hosting providers to remove offending items from
their servers, allowing it to avoid issuing a blocking order that would affect an entire website. This
occurs despite the fact that intermediaries are not responsible for third party content on their sites.
According to TIB statistics as of May 2009, the courts are responsible for 21 percent of blocked
websites, while 79 percent are blocked administratively by the TIB. The regulator has refused to
publish blocking statistics since then.41 In December 2011, an administrative court in Ankara
rejected an appeal to obtain the official blocking statistics under Turkeys freedom of information
law. A subsequent appeal to the Council of State, the highest administrative court in Turkey, was
lodged in January 2012 to obtain the statistics.
Furthermore, the database and user profiles of the BTKs voluntary filtering system are controlled
and maintained by the government. The Child and Family Profiles Criteria Working Committee
was introduced in January 2012almost three months after the new filtering system became
operationalto address concerns about the establishment of filtering criteria. However, the
formation of the committee itself raised concerns about its independence and impartiality: 7 of the
11 members of the committee are either from the BTK, the Family and Social Policies Ministry, or
the Internet Board, and 3 experts are selected and appointed by the BTK. Moreover, the principles
on which the committee will work remain unclear and there is no indication to suggest that the
Child and Family Profiles Criteria Working Committee conducts meetings or performs any work.
Despite the large number of websites blocked, circumvention tools are widely available, enabling
even inexperienced users to avoid filters and blocking mechanisms. Each time a new order is issued
and a popular website is blocked, a large number of articles are published to instruct users on how
to access the banned websites. As a demonstration of the extent of this phenomenon, during the
39
Google,Turkey.
Google,Turkey.
41
ReportersWithoutBorders,TelecomAuthorityAccusedofConcealingBlockedWebsiteFigures,newsrelease,May19,
2010,http://en.rsf.org/turkeytelecomauthorityaccusedof19052010,37511.html.
40
TURKEY

two and a half year block of YouTube, the video-sharing website remained the eighth most-accessed
site in Turkey.42
Turkish users increasingly rely on internet-based publications as a primary source of news, and
despite the countrys restrictive legal environment, the Turkish blogosphere is surprisingly vibrant
and diverse. There are a wide range of blogs and websites through which citizens question and
criticize Turkish politics and leaders, including issues that are generally viewed as politically
sensitive. The majority of civil society groups maintain an online presence and social-networking
sites such as Facebook, FriendFeed, and especially the microblogging platform Twitter are used for
social and political campaigns.
In May 2011, internet users organized a major protest against the introduction of the proposed
country-wide filtering system. The protest gathered approximately 50,000 people in Istanbul to
demand freedom from filtering and the abolishment of Law No. 5651.43 Arguably, the protest and
its associated media coverage had a significant impact on the modification of the mandatory filtering
system into a voluntary one.
Shortly after it was discovered that Turkeys largest ISP, TTNET, had installed the behavioral
advertising service Phorm on its networks in July 2012,44 the Alternative Informatics Association
launched an online campaign to demand that TTNET end its relationship with the controversial
company.45 The association also submitted an official complaint with a public prosecutors office on
October 17, 2012.46 Phorm has come under consistent criticism from governments, internet
companies, and privacy experts around the world. The company collects information on users
online behavior without their knowledge, performing deep-packet inspection (DPI) to essentially
monitor a users connection line and create a profile of the individuals online activities to then sell
to advertisers.47 The campaign resulted in a decision by the BTK to investigate TTNETs use of the
Phorm system in December 2012.48

The Turkish constitution includes broad protections for freedom of expression. Article 26 states
that everyone has the right to express and disseminate his thought and opinion by speech, in
writing or in pictures or through other media, individually or collectively.49 Turkish law and court
42
AccordingtoAlexa,awebinformationcompany,asofAugust26,2010,http://www.alexa.com/topsites/countries/TR.
TurksmarchedagainstgovernmentcensorshipoftheInternetinIstanbul,CyberLawBlog,July19,2010,
http://cyberlaw.org.uk/2010/07/19/17temmuz2010internettesansuruprotestoetmekicin2000kisiyuruduk.
44
CommencementofCommercialActivitiesinTurkeywithTTNET,PressRelease,Phorm,July9,2012,
http://www.phorm.com/sites/default/files/2012.07.09%20TTNET%20Commercial%20Activities.pdf.
45
Fortheonlinecampign,pleaseseeEmPhormAsyon,AccessedApril23,2013http://enphormasyon.org/english.html.
46
Turkey:InternetReportonDigitalRights2012,EDRigramnewsletter,October24,2012,DigitalCivilRightsinEurope,
http://www.edri.org/edrigram/number10.20/turkishreport2012digitalrights.
47
Seehttp://enphormasyon.org/english.html.
48
BTKdecisiontoinvestigateisavailableinTurkish:http://bit.ly/19ci5BR.
49
TheConstitutionoftheRepublicofTurkey,ConstitutionalCourtoftheRepublicofTurkey,AccessedApril22,2013,
http://www.anayasa.gov.tr/index.php?l=template&id=210&lang=1&c=1.
43
TURKEY

judgments are subject to the European Convention on Human Rights and bound by the decisions of
the European Court of Human Rights. The constitution also seeks to guarantee the right to privacy,
although there are limitations on the use of encryption devices, and surveillance by security
agencies is highly prevalent. There are no laws that specifically criminalize online activities like
posting ones opinions, downloading information, sending e-mail, or transmitting text messages.
Instead, many provisions of the criminal code and other laws, such as the Anti-Terrorism Law, are
applicable to both online and offline activity. Over the past year, only one user was sentenced to
prison, while many others received suspended sentences and fines.
Several recent court cases have illuminated how the existing laws are being used to prosecute
online activity. For example, in October 2011, the Anti-Terrorism Law was used to prosecute
journalist Recep Okuyucu for allegedly advocating terrorist propaganda by downloading Kurdish
music files and accessing the blocked Kurdish Firat News Agency website.50 A Diyarbakir court found
him not guilty. More recently, Adana High Criminal Court No. 8 sentenced Metin ztrk to nine
years and seven months imprisonment for sharing and disseminating terrorist propaganda through
Facebook in January 2013.51 Ten people, including three university students, were arrested in
relation to the Redhack movement and face terrorism related charges, including membership in a
terrorist organization.52 They have denied all charges and any association with Redhack, stating they
do not possess the technical knowledge required to hack into government servers. Redhack has
reiterated that the accused individuals have no ties with the group. Indeed, speaking through social
networks, Redhack stated that the terrorism allegations are simply part of the governments
ongoing targeting of its domestic opponents.53
Users are also prosecuted for posts that can be deemed as insulting state authorities. A 17-year-old
from northwest Turkey received a suspended sentence of 11 months and 20 days for insulting the
Prime Minister on Facebook in July 2012 after a five-month trial at the Balkesir Juvenile Court.54
In November 2012, a senior post office official named brahim Davutolu was sentenced by the
Zonguldak Penal Court of First Instance No. 2 to a fine of TRY 6,080 ($3,368) on charges of
insulting a public officer due to the performance of his public duty under Article 125 of the
Turkish Penal Code. The sentence was later reduced to five years of court supervision. According
to the court, Davutolu shared politically offensive news articles and caricatures on his Facebook
wall and insulted the prime minister.55 A previous administrative investigation by the Turkish Post
and Telegraph Organization (PTT) found Davutolu guilty of "insulting state officers," which
resulted in his forced assignment to Ordu and Bartin provinces. The house of Irem Aksoy was
searched by the police subsequent to a tweet in which she criticized the Mayor of Ankara for his
50
CourtAcquitsJournalistWhoInterviewedKurdishSeparatist,ReportersWithoutBorders,December29,2011,
http://en.rsf.org/turkeyjournalistsunderpressureas26102011,41282.html.
51
Seehttp://www.evrensel.net/news.php?id=45658.
52
Seehttp://english.alarabiya.net/articles/2012/11/26/251896.html.
53
SeeTerroristorganization?Turkishhackersfacequartercenturyprisonterms,10October,2012at
http://rt.com/news/redhackturkeyterrorismtrial056/.
54
SuleymanOkan,KidFacesJailTermAfterInsultingPMErdoanonFacebook,Sosyalmedya.co,July23,2012,
http://sosyalmedya.co/en/kidinsultingerdogan/.
55
Bianet,PMCriticFacebookUserFined,athttp://ww.bianet.org/english/freedomofexpression/142130pmcriticfacebook
userfined.
TURKEY

comments on the issue of abortion. The 17-year-old student was detained by the police and a
criminal investigation was subsequently initiated. In March 2013, it was reported that she was
called to provide her statement by the office of the public prosecutor, which is investigating the
allegation.56
Even Turkish citizens living outside of the country can be targeted by state authorities. The owner
of the 5posta.org website, mentioned above, was prosecuted for publishing obscene materials
online. Among other topics, the author writes about issues of sexuality, the sex industry, and
internet censorship from his residence in Sweden. An Ankara court acquitted him of the charges in
January 2013.57
The case that received the most media attention over the last year relates to the composer and
pianist Fazil Say. In June 2012, Say was charged with offending Muslims over posts he made on
Twitter, including an April 2012 tweet in which he joked about a call to prayer lasting only 22
seconds. Say was charged in June 2012 with inciting hatred and public enmity, as well as insulting
"religious values" under Section 216(3) of the criminal code.58 He received a suspended sentence
of 10 months in prison, meaning that his sentence will not come into force unless he commits
another offense within five years.59 However, subsequent to an appeal by his lawyers to annul the
sentence, a retrial was ordered in April 2013.60 Furthermore, in January 2013, the office of
Istanbuls Public Prosecutor initiated a criminal investigation against the board of PEN Turkey, a
division of the global writers association PEN International, related to a June 2012 article on its
website in which it protested against Says prosecution.61 The board members were charged with
insulting state authorities under the controversial Article 301 of the Turkish Penal Code.62
In another case related to blasphemy, Turkish-Armenian linguist and former columnist Sevan
Nianyan was sentenced to 13 months imprisonment in April 2013 for "publicly insulting the
religious values of part of the population." The allegations related to a blog entry he authored in
2012 about the "Innocence of Muslims" video which sparked protests across the Arab world.63
56
LiseliremAksoysavclktaifadeverdi[HighschoolerIremAksoytestifies],Aydinlik,March6,2013,
http://www.aydinlikgazete.com/mansetler/19772liseliiremaksoysavciliktaifadeverdi.html.
57
Ankara7thCriminalCourtofFirstInstance,Decisionno2013/7,21.02.2013
58
TheGuardian,TurkishpianistFazilSayontrialfor'insultingIslam'onTwitter,18October2012at
http://www.guardian.co.uk/world/2012/oct/18/turkishpianistfazilsayislam.
59
SebnemArsu,PianistsPostonTwitterSpurPenaltyFromTurkey,NewYorkTimes,April5,2013,
http://www.nytimes.com/2013/04/16/world/middleeast/turkishpianistsentencedfortwitterpostings.html?_r=0.
60
HrriyetDailyNews,TurkishpianistFazlSaytoberetriedonblasphemycharges,26April2013,at
http://www.hurriyetdailynews.com/turkishpianistfazilsaytoberetriedonblasphemy
charges.aspx?pageID=238&nID=45718&NewsCatID=341.
61
ThearticleinquestionreferstofascistdevelopmentsinTurkey.SeePENInternationalcondemnsinvestigationagainstPEN
TurkeyforcriticisingtheState,athttp://www.peninternational.org/newsitems/peninternationalcondemnsinvestigation
againstpenturkeyforcriticisingthestate/.
62
AmendmentLawNr.5759ofApril30,2008(Turkish),April30,2008,http://www.tbmm.gov.tr/kanunlar/k5759.html.
63
SeeLivingbythedejuresword,HurriyetDailyNews,24May2013athttp://www.hurriyetdailynews.com/livingbythede
juresword.aspx?pageID=238&nID=47499&NewsCatID=398SeefurtherSevanNisanyan:TurkishArmenianbloggerjailedfor
blasphemy,http://www.globalpost.com/dispatch/news/regions/europe/turkey/130523/sevannisanyanturkisharmenian
bloggerjailedblasphemy.
TURKEY

The constitution states that secrecy of communication is fundamental, and users are allowed to
post anonymously online. However, the anonymous purchase of mobile phones is not allowed and
buyers need to provide official identification. Turkey has yet to adopt a data protection law, though
the September 2010 amendments to the Turkish Constitution included data protection provisions.
In 2011, the use of encryption hardware and software became subjected to regulations introduced
by the BTK. Suppliers are now required to provide encryption keys to state authorities before they
can offer their products or services to individuals or companies within Turkey. Failure to comply
can result in administrative fines and, in cases related to national security, prison sentences.
The constitution specifies that any action that could potentially interfere with freedom of
communication or the right to privacy must be authorized by the judiciary. For example, judicial
permission is required for technical surveillance under the Penal Procedural Law. Despite
constitutional guarantees, most forms of telecommunication continue to be tapped and
intercepted.64 Between 2008 and 2009, several surveillance scandals received widespread media
attention, and it is suspected that all communications are subject to interception by various law
enforcement and security agencies, including the Gendarmerie (military police). Some reports
indicate that every day, up to 50,000 phonesboth mobile and land-lineare legally tapped, and
150,000 to 200,000 interception requests are made each year. During 2012, bugging related
stories continued to hit the headlines and even the Prime Minister claimed that bugging devices
were found in his home.
These surveillance practices have been challenged in court on at least one occasion. In 2008,
responding to complaints lodged by the TIB, the Supreme Court of Appeals overruled a lower
courts decision to grant both the Gendarmerie and the National Intelligence Agency (MIT) the
authority to view countrywide data traffic retained by service providers.65 Nonetheless, similar
powers to access and monitor data traffic have been granted to the MIT and the National Police
Department. Faced with criticism on the issue, in 2008 the parliament launched a major inquiry
into illegal surveillance and interception of communications, though the inquiry concluded in
January 2009 without finding any legal deficiencies in the interception regime. In January 2013, a
new parliamentary commission was set up with a similar goal and, during its initial investigation,
revealed that the Turkish Gendarmerie had intercepted the communications of 470,102 people
subject to 75,478 court orders during the last 10 years.66 The commission is expected to conclude
its work later in 2013.
While government surveillance is an issue in Turkey, ISPs are not required to monitor the
information that goes through their networks, nor do they have a general obligation to seek out
64
Forahistoryofinterceptionofcommunications,see:FarukBildirici,GizliKulaklarUlkesi[TheCountryofHiddenEars]
(Istanbul:Iletisim,1999);EnisCoskun,KureselGozalti:ElektronikGizliDinlemeveGoruntuleme[GlobalCustody:Electronic
InterceptionofCommunicationsandSurveillance](Ankara:UmitYayincilik,2000).
65
Thecourtstatedthatnoinstitutioncanbegrantedsuchauthorityacrosstheentirecountry,viewingallpeoplelivinginthe
RepublicofTurkeyassuspects,regardlessofwhatthepurposeofsuchaccessmightbe.See,SupremeCourtofAppeals
OverrulesGendarmerieCallDetailAccess,TodaysZaman,June6,2008,http://www.todayszaman.com/tzweb/news144038
supremecourtofappealsoverrulesgendarmeriecalldetailaccess.html.
66
SeetheBianetarticle(inTurkish)athttp://www.bianet.org/bianet/insanhaklari/145087jandarma10yilda470binkisiyi
dinledi.
TURKEY

illegal activity. However, all access providers, including cybercafe operators, are required to retain
all communications (traffic) data for one year. Administrative fines of TRY 10,000 to 50,000
($6,400 to $32,200) can be imposed on access providers if they fail to comply, but no ISP or other
provider has been prosecuted to date.
Although physical attacks in retribution for online posts are generally rare, technical attacks are
becoming increasingly common, particularly those targeting government websites. During 2011
and in early 2012, the international hacktivist collective known as Anonymous launched a successful
distributed denial-of-service (DDoS) attack against the Turkish government, taking down several
official government websites, including those of the TIB67 and Turkish Social Security Institution
(SGK).68 Furthermore, Anonymous hacked a consumer complaints website run by the BTK in
February 2012 and data relating to a considerable number of users was circulated through
numerous websites.69 During 2012, the Marxist-Socialist Redhack group infiltrated several
government websites and leaked confidential information. The group has over 675,000 followers
on Twitter and hacked into the servers of the Ministry of Foreign Affairs, Ministry of Finance, and
the Turkish Higher Education Authority, among others, during 2012 and early 2013.70
67
www.tib.gov.tr
www.sgk.gov.tr
69
AnonymousHackedBTKDatabase,Bianet,February15,2012,http://www.bianet.org/english/world/136178anonymous
hackedbtkdatabase.
70
Seeamongothershttp://redhack.tumblr.com/post/40121086113/pressreleasecouncilofhighereducationofturkeyand
extensivemediacoverageofRedhacksactivitiesthroughhttp://redhack.tumblr.com/archive.
68
TURKEY
UGANDA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE FREE
11
8
15
34
11
8
15
34

There were no reports of internet content being blocked or filtered during the coverage
period, though various government officials publicly expressed the need to police
online discussions (see LIMITS ON CONTENT).
The Uganda Communications Act 2012 was passed in September, creating a new media
regulatory body that has been criticized for its lack of independence from the
government (see LIMITS ON CONTENT).
SIM card and mobile internet registrations continued through early 2013 amid concerns
that the registration requirements infringe on the right to privacy given the lack of a
necessary data protection law (see VIOLATIONS OF USER RIGHTS).
Government harassment for online writing was documented, while suspicions of
proactive government surveillance of online communications increased in the past year
UGANDA

INTRODUCTION
Internet penetration has continued to grow in Uganda, and access is now estimated at 15 percent of
the population, with a growing number of Ugandans accessing the internet from their mobile
phones. Nevertheless, accessibility is still hindered by poor infrastructure, prohibitive costs, and
poor quality of service. Moreover, recent measures have exacerbated the rural-urban divide in
access to information and communication technologies (ICTs), such as a ban on counterfeit mobile
phones and compulsory SIM card registration. Overall, however, freedom to access the internet via
computer-based applications and mobile devices remains generally unfettered.
There were no reported incidents of government interference with ICTs in 2012 or early 2013,
though there have been increasing indications that the government intends to monitor online
discussions, as demonstrated by various statements made by government officials in 2012 calling for
the policing of social media platforms. The main threat to Ugandas internet freedom in 2012
involved the passage of the Uganda Communications Act 2012 in September, which created a new
regulatory body for all print, broadcast, and electronic media in Ugandathe Uganda
Communications Regulatory Authority. Awaiting presidential assent as of mid-2013, the new law
vests an undue amount of power in the ICT minister to determine the regulatory bodys
membership, budget, and policy guidelines.
OBSTACLES TO ACCESS
ICTs continued to expand across Uganda over the past year, resulting in increasing access to both
internet and mobile phone services. By the end of 2012, there were an estimated five million
internet users in the country for a penetration rate of nearly 15 percent, up from 13 percent in
2011 and just 4 percent in 2007, according to the International Telecommunications Union.1
Broadband internet is available mostly in urban areas, with only 0.11 percent of the population
estimated to have fixed-line broadband subscriptions in 2012.2 As such, many Ugandans access the
internet at cybercafs where it costs less than $1 for an hour of browsing. Meanwhile, mobile
phone penetration stood at 46 percent at the end of 20123 with a reported 17 million subscribers,
up from 4.2 million in 2007, though multiple SIM card ownership remains common.
Internet access via mobile devices is becoming increasingly popular due to the growing availability
of cheap mobile internet bundles, with mobile broadband penetration estimated at 7.6 percent at
the end of 2012.4 An hour of mobile web browsing (equating to approximately 20Mb of data) costs
KGX 500 ($0.20), while a limited monthly bundle of 1Gb costs between KGX 30,000 and 41,000
1
2
3
4
InternationalTelecommunicationUnion,UgandaProfile2012,ICTEye,http://www.itu.int/net4/itu
d/icteye/CountryProfile.aspx.
UGANDA

($12-16). Meanwhile, an unlimited mobile broadband connection5 can cost KGX 299,000 ($115)
for one month and over $600 for six months. Two service providers offer their subscribers free
access to Facebook,6 and to promote local content, Airtel Uganda began offering its customers in
early 2013 free access to Uganda Goes Onlinean online portal that provides information and
local content ranging from news, entertainment, sports, technology and much more.7
The number of industry players has grown over the years, and many now offer comparable prices
and technologies. Currently, there are 34 telecommunications service providers that offer both
voice and data services.8 Aside from the state-owned Uganda Electricity Transmission Company
Ltd, which is a licensed public infrastructure provider that has part ownership of Uganda Telecom,
all the licensed service providers are privately-owned entities.
There are no known obstacles or licensing restrictions placed by the government on entry into the
ICT sector, and new players continued to enter the market in 2012 and 2013. For example,
YahClick, a satellite broadband services provider was launched in February 2013,9 while K2 mobile
was launched only a monthly earlier.10 The two joined a competitive market dominated by bigger,
well-established telecommunications brands, such as MTN Uganda, Airtel and Warid Telecom.
Three 4G LTE network licenses were issued in mid-2012, though the firms have yet to deploy the
high-speed data transmission technology as of mid-2013.11 Meanwhile, the quality of both voice and
data services remains very low.12
While increasing market competition has continued to drive down internet access rates,13
particularly on mobile phones, the cost of internet-enabled devices is still high for the majority of
Ugandans who make an average monthly income of $117, according to the latest data from the
Uganda Bureau of Statistics.14 Prohibitive tax regimes remain in place despite successful moves by
5
OntheOrangeUgandanetwork.
MTN,MTNLaunchesFacebookZero,aFreeWaytoAccessFacebookonyourMobilePhone,pressrelease,May18,2010,
http://mtn.co.ug/AboutMTN/NewsRoom/2010/May/MTNlaunchesFacebookZERO,a.aspx;Orange,GetFacebookFreeon
YourMobilePhone,accessedAugust8,2013,http://www.orange.ug/mobileplans/facebookforfree.php.
7
AirteltoOfferFreeAccesstoUgandaGoingOnline,CIOEastAfricaviaAllAfrica,February7,2013,
http://allafrica.com/stories/201302071503.html;DavidMugabe,AirtelUGODealtoShapeUgandasOnlineImage,New
Vision,February7,2013,http://www.newvision.co.ug/news/639617airtelugodealtoshapeugandasonlineimage.html.
8
UgandaCommunicationsCommission,ListofLicenceesinUganda,availableat
http://www.ucc.co.ug/files/downloads/licensedProviders.pdf.
9
NicholasKalungi,NewPlayerJoinsInternetMarket,DailyMonitor,February4,2013,
http://www.monitor.co.ug/Business/Technology/NewplayerjoinsInternetmarket//688612/1683212//yethtoz//index.html.
10
K2TelecomLaunchesMobilePhoneServicesinUganda,Telecompaper,January2,2013,
http://www.telecompaper.com/news/k2telecomlaunchesmobilephoneservicesinuganda916578.
11
EliasBiryabarema,UgandaInternetUsersSeenUp1520Pctin2012,Reuters,May31,2012,
http://www.reuters.com/article/2012/05/31/ozabsugandatelecomsidAFJOE84U09020120531.
12
DorothyNakaweesi,MajorTelecomOperatorsonSpotOverPoorServiceQuality,DailyMonitor,January24,2013,
http://www.monitor.co.ug/Business/Technology/Majortelecomoperatorsonspotoverpoorservicequality/
/688612/1673500//4f1eakz//index.html.
13
NicholasKalungi,CompetitionBringingInternetRatesDown,DailyMonitor,November9,2012,
http://www.monitor.co.ug/Business/Technology/CompetitionbringingInternetratesdown//688612/1616104//38omqaz/
/index.html.
14
UgandaBureauofStatistics,Chapter7:HouseholdIncomes,LoansandCredit,UgandaNationalHouseholdSurveysReport
2009/2010,accessedJuly31,2013,
http://www.ubos.org/UNHS0910/chapter7.Average%20Monthly%20Household%20Income.html.
6
UGANDA

Ugandas neighbors to remove duties on the importation of hardware and software. Most recently
in 2013, the government launched an effort to curb the importation of counterfeit mobile phones,
which may further limit access to mobile technologies. All inactive counterfeit phones were
rendered unusable as of January 31, 2013, while fake phones with preexisting subscriptions were to
be disconnected beginning July 1, 2013.15 There are no figures to indicate how many users have
been and will be affected by this initiative, but it is conceivable that the number may be in the
millions. In addition, a 2009 government ban on the importation of used computers remains in
place.
Another impediment to increased internet usage is limited access to electricity. The national
electricity distributor reports a customer base of just 458,000, most of whom are located in urban
areas,16 and alternative power sources, such as fuel-powered generators and solar energy, are very
costly. Furthermore, with only about 15 percent of Ugandans living in urban areas,17 the divide
between rural and urban access to the internet is very high due to low literacy rates, including
computer literacy.18
Ugandas national fiber backbone is connected to the EASSy international submarine fiber optic
cable system that runs along the east and southern coasts of Africa. Telecommunications providers
are also hooked to the TEAMs (The East African Marine System) and SEACOM marine fibers
through Kenya. Connection to these fibers has led to an exponential growth in Ugandas
international bandwidth, which has decreased the costs of internet access alongside an increasing
demand for data services and high speed internet. Service disruptions and slow internet speeds are
common, however, due to frequent repairs.19
Over the past few years, the government has embarked on initiatives to improve rural connectivity,
and a national ICT policy was finalized in 2010 to facilitate the proliferation of ICTs across the
country in both rural and urban areas.20 Nonetheless, the national ICT sector budget allocation
comprises less than one percent of the national budget.21 Since 2007, Ugandas ICT ministry has
15
UgandaCommunicationsCommission,,EliminationofCounterfeitMobilePhones,December19,2012,
http://www.ucc.co.ug/data/mreports/18/0/ELIMINATION%20OF%20COUNTERFEIT%20MOBILE%20PHONES%20.html;Nicholas
Kalungi,BlockingofInactiveFakePhonesStartsToday,DailyMonitor,February1,2013,
http://www.monitor.co.ug/Business/BlockinginactivefakephonesstartstodayUCCsays//688322/1680796//rdjdqez/
/index.html.
16
UmemeAnnualReport2011,http://www.umeme.co.ug/resources/files/Umeme%20Annual%202011%20b.pdf.
17
UgandaBureauofStatistics,2012StatisticalAbstract,June2012,
http://www.ubos.org/onlinefiles/uploads/ubos/pdf%20documents/2012StatisticalAbstract.pdf.
18
Ugandasnationalliteracyratestandsat73percentamongpersonsaged10yearsandabove.See:UgandaBureauof
Statistics,2012StatisticalAbstract.
19
NicolasKalungi,InternetSpeedSlowsDownDuetoRepairsatMombasa,DailyMonitor,January10,2013,
http://www.monitor.co.ug/Business/InternetspeedslowsdownduetorepairsatMombasa//688322/1661636//jntm8y/
/index.html;MassiveInternetoutageinUgandaasUnderSeaCableisChopped,Guide2Uganda,February29,2012,
http://www.guide2uganda.com/news/415/MassiveInternetoutageinUgandaasunderseacableischopped.
20
MinistryofInformationandCommunicationsTechnology,InformationTechnologyPolicyforUganda,RepublicofUganda,
February2010,http://ict.go.ug/index.php?option=com_docman&task=doc_details&gid=48&Itemid=61.
21
APeekintotheEastAfricanICTSectorBudgetAllocationsandPrioritiesfor2012/2013,CollaborationonInternationalICT
PolicyinEastandSouthernAfrica,ICTPolicyBriefingSeries,June2012,http://www.cipesa.org/?wpfb_dl=41;EdrisKisambira,
EastAfricanCountriesPutITSpendingOnBackBurner,ComputerWorld,July16,2012,
http://news.idg.no/cw/art.cfm?id=A95D59B0CC4CDC2F8368A85290AEE888.
UGANDA

been developing the National Data Transmission Backbone Infrastructure, which aims to ensure the
availability of high bandwidth data connection in all major towns at reasonable prices.22 The
project, now under the provision of the National Information Technology Authority (NITA-U),
involves the installation of over 1,500km of fiber optic cable and related equipment.23 However,
the $106 million project has been dogged by contractual problems, government red tape, delayed
funds, and unverified allegations of inferior equipment and work as of mid-2012.24 The Chinese
company, Huawei Technologies, contracted for the installation has been accused of using
substandard cables, and in some cases, the wrong cables.25
The government has also embarked on a project to establish computer centers in all of its
educational institutions across the country, with a plan to cover at least 1,000 institutions by the
end of 2012.26 In addition, the Rural Communications Development Fund was established in 2001
with the aim of providing access to basic communications services within a reasonable distance to
all Ugandans, leveraging investments for rural communications, and promoting overall ICT usage.27
The fund further supports the establishment of internet cafes, internet points of presence (rural
wireless connectivity networks with a 5-10km radius with costs, speeds and types of services
comparable to those in the capital city, Kampala), ICT training centers, and web portals for local
government districts.
The Uganda Communications Commission (UCC), Ugandas telecommunications sector regulator,
is mandated to independently coordinate, facilitate and promote the sustainable growth and
development of ICTs in the country. The UCC also provides information about the regulatory
process and quality of service, and it issues licenses for ICT infrastructure and service providers.28
The commissions funds come mainly from operator license fees and a 1 percent annual levy on
operator profits. There is a general perception, however, that comprehensive and coherent
information about the commissions operations is not always accessible, and that the body is not
entirely independent from the executive arm of the government. In addition, the UCCs current
22
MinistryofInformationandCommunicationsTechnology,NationalDataTransmissionBackboneandeGovernment
InfrastructureProject,RepublicofUganda,accessedJune29,2012,
http://www.ict.go.ug/index.php?option=com_content&view=article&id=69:nationaldatatransmissionbackboneande
governmentinfrastructureproject&catid=25:theproject&Itemid=93.
23
Suchasswitches,opticaltransmission,datacommunication,fixednetwork,andvideoequipment,aswellascomputersand
servers.See:NBI/EGIProject,NationalInformationTechnologyAuthorityUganda,accessedJune29,2012,
http://www.nita.go.ug/index.php/projects/nbiegiproject.
24
FlaviaNalubega,GovtBureaucracyDelaysFibreInternetBackbone,DailyMonitor,April20,2012,
http://www.monitor.co.ug/Business//688322/1390242//50js39//index.html.
25
JohnNjoroge,ForensicsDisputeQualityofUgandasInternetCables,DailyMonitor,April14,2012,
http://www.monitor.co.ug/News/National//688334/1385826//aw3qrvz//index.html.
26
EliasBiryabarema,UgandaInternetUsersSeenup1520Pct.Reuters,May31,2012,
http://www.reuters.com/article/2012/05/31/ozabsugandatelecomsidAFJOE84U09020120531.
27
UgandaCommunicationsCommission,RuralCommunicationsDevelopmentPolicyforUganda,January2009,
http://www.researchictafrica.net/countries/uganda/Uganda%20Rural%20Communication%202009.pdf.
28
UgandaCommunicationsCommission,UCCLicensingRegime,accessedJuly31,2013,
http://www.ucc.co.ug/data/qmenu/11/Licensing.html;Pursuanttothetelecommunications(licensing)regulations2005,UCC
issuestwotypesoflicences:PublicServiceProvider(PSP)andPublicInfrastructureProvider(PIP).Theapplicationfeeforboth
licensetypesis$2,500dollars(aPIPlicenserequiresaoneoffinitialfeeof$100,000),andannualfeesrangefrom$3,000
$10,000.Theselicensesallowholderstoeithersetuptelecommunicationsinfrastructureorprovidetelecommunications
services.TheUCCleviesa1percentchargeonprovidersannualrevenue.
UGANDA

executive director has been regarded as overzealous in his efforts to police and rein in operators,
illustrating how the personal character of the regulatory authoritys leadership can in large measure
determine its activities and regulations.
In September 2012, the Ugandan parliament passed the Uganda Communications Act 2012
(introduced by the ICT ministry in March 2012 as the Uganda Communications Regulatory
Authority Bill), which consolidated the provisions of the 1996 Electronic Media Act and 2000
Uganda Communications Act and merged the UCC and Uganda Broadcasting Council into a new
body, the Uganda Communications Regulatory Authority.29 Awaiting presidential assent as of mid2013, the new regulatory body has been criticized for its lack of independence from the
government. In particular, the law places disproportionate power in the hands of the ICT minister,
who will have the authority to approve the new regulators budget and appoint members of its
board with the approval from the Cabinet. There are no independent mechanisms in place to hold
the regulator accountable to the public. While the new law provides for the creation of the Uganda
Communications Tribunal, which is an appeals body with powers of the High Court, its
membership and advisors are appointed by the president and ICT minister.
LIMITS ON CONTENT
There have been no reported incidents of government interference with the internet since the 2011
elections, during which the national regulator issued a directive to ISPs to temporarily block
citizens access to Facebook and Twitter. The order came in response to the mobilization of
activists and opposition groups, which were largely organized through the two social media
platforms. That same year, in the wake of demonstrations inspired by the Arab Spring events in
North Africa, there were unconfirmed allegations that the Ugandan government had ordered
telecoms to block and regulate the use of some keywords such as bullet, Mubarak, and Ben Ali
in SMS texting services.30
There have also been no known instances of take-down notices issued for the removal of online
content, and there are no issues of intermediary liability for service or content providers.31 In the
meantime, social media and blogging platforms are freely available in Uganda, with Facebook,
Twitter, LinkedIn and Blogger ranking among the top 15 websites in the country, according to
Alexa. The government has also begun to embrace social media platforms as a channel for public
engagement, as illustrated by Ugandas Prime Minister, Amama Mbabazi, who interacts with
citizens on Twitter using the hashtag #AskthePM.32
29
SheilaNaturindaandMercyNalugo,ParliamentAdoptsMediaRegulatoryLaw,DailyMonitor,September7,2012,
http://www.monitor.co.ug/News/National/Parliamentadoptsmediaregulatorylaw//688334/1498374//gnthq4/
/index.html.
30
HosniMubarakwastheembattledpresidentofEgyptatthetime,whileBenAliwasthedeposedTunisianleader.
31
AshnahKalemera,LillianNalwogaandWairagalaWakabi,IntermediaryLiabilityinUganda,IntermediaryLiabilityAfrica
ResearchPapers5,AssociationforProgressiveCommunications,
http://www.apc.org/en/system/files/Intermediary_Liability_in_Uganda.pdf.
32
AmanaMbabazisTwitterpage,accessedAugust8,2013,https://twitter.com/AmamaMbabazi.
UGANDA

While there is no evidence of government efforts to influence or manipulate online content,
previous shut downs of media houses seen as too critical of the government, in addition to reports
of attacks on journalists by the national police,33 and other routine threats by the government have
engendered a culture of self-censorship among journalists both off and online. Taboo topics include
the military, the presidents family, issues of oil, land-grabbing, and presidential terms. In addition,
there have been increasing indications that the government intends to monitor online discussions, as
demonstrated in October 2012 when the Ugandan police chief called for the policing of social
media networks to ensure that the platforms are not spreading dangerous information or are
misused for crime, worse still terrorism.34
The Google Uganda domain is available in five local languages, making the popular browser
available to about five million Ugandans.35 Nevertheless, Ugandans can only access news websites
in three local languages (out of 40 languages and 56 native dialects) provided by the Vision Group,
a media company that is partly owned by the government. The web versions of the newspapers
include Bukedde, Etop and Orumuri. Other news sites of major privately-owned newspapers are only
accessible in English, which is not widely spoken in Uganda. Moreover, the diversity of online
content and the economic viability of independent outlets is constrained by advertising revenue
from both government and private sources, which is generally withheld from news outlets that
publish critical content.36
In recent years, government critics and opposition political parties have taken to the internet as a
platform for political debate and an informal means of disseminating information to society.
Crowdsourcing and crowd-mapping tools have given citizens the ability to monitor elections, and a
diversity of civil society groups are increasingly using SMS platforms and social media for advocacy
and to call for protests. In addition, blogging is on the rise among young Ugandans who are less
fearful in their use of the internet as an open space to push the boundaries and comment on
controversial issues such as good governance and corruption.37

SIM card and mobile internet registrations continued through early 2013 amid concerns that the
registration requirements infringe on the right to privacy given the lack of a necessary data
protection law. Government harassment for online writing was documented, while suspicions of
proactive government surveillance of online communications increased in the past year, with one
unconfirmed case involving the interception of a private e-mail reported by an LGBT rights group
in early 2013.
33
FreedomHouse,Uganda,FreedomofthePress2013,http://www.freedomhouse.org/report/freedompress/2013/uganda.
UgandaPoliceChiefUrgesIncreasedSocialMediaPolicing,BBCNews,October19,2012,http://bbc.in/Qwj8yh.
35
TabithaWambui,GoogleUgandaLaunchesTwoNewLocalLanguageDomains,DailyMonitor,August4,2010,
http://www.monitor.co.ug/Business/Technology//688612/970404//uithj9//index.html.
36
Uganda2012,AfricanMediaBarometer(Windhoek:FriedrichEbertStiftung,2012).
37
JosephElunya,ControversialUgandanBloggerWontBudge,RadioNetherlandsWorldwide,August26,2012,
34
UGANDA

The Ugandan Constitution provides for freedom of expression and speech, in addition to the right
to access information.38 However, several lawsincluding the Press and Journalist Act, the AntiTerrorism Act, and sections of the penal codeappear to negate these constitutional guarantees for
freedom of expression. For example, the Press and Journalist Act of 2000 requires journalists to
register with the statutory Media Council, whose independence is believed to be compromised by
the governments hand in its composition. Meanwhile, the Anti-Terrorism Act criminalizes the
publication and dissemination of content that promotes terrorism, vaguely defined, and guilty
convictions can carry up to the death sentence. In addition, the penal code contains provisions on
criminal libel and the promotion of sectarianism, imposing penalties that entail lengthy jail terms.
While none of these laws contain specific provisions on online modes of expression, they could
arguably be invoked for online communications and generally create a chilling effect on freedom
of expression.
In the meantime, the Ugandan judiciary has been known to rule progressively in cases involving
press freedom and freedom of expression. In 2004, for example, the Supreme Court struck down a
penal code provision that criminalized the publication of false news, while the Constitutional Court
quashed the law on sedition in 2010. Nevertheless, judicial rulings protecting constitutional
guarantees for free expression have not stopped the government from taking action against
fundamental rights, though prosecutions against journalists and citizens for online expression
remain rare.
While there are no website registration requirements in Uganda, registration for mobile phone SIM
cards and mobile internet subscriptions was instituted in March 2012 and involves the collection of
personal data, including photographs and address details. The deadline to register existing SIM
cards was extended through March 2013, after which point unregistered cards were deactivated.
Civil society groups criticized the program for infringing on the right to privacy given the lack of a
necessary data protection law,39 and an injunction filed by the Human Rights Network for
Journalists-Uganda to stop the registration exercise was thrown out by the High Court on February
25, 2013.40
Government monitoring and surveillance of electronic communications has become a worrisome
issue in Uganda since 2010, when parliament hurriedly passed the Regulation of Interception of
Communications (RIC) Act following the terrorist attacks by Al Shabab militants in Kampala in July
2010. Allowing for the interception of communications, the RIC act requires telecommunication
companies to install equipment that enables the real-time electronic surveillance of suspected
terrorists and gives the government permission to tap into personal communications based on
38
TheAccesstoInformationActprovidesfortherighttoaccessinformationpursuanttoArticle41oftheconstitution,theright
toprescribetheclassesofinformationreferredtointhatarticle,theprocedureforobtainingaccesstothatinformation,andfor
relatedmatters.
39
LawRequiringRegistrationofSIMCardsinUgandaaThreattoPrivacy,HumanRightsNetworkforJournalistUganda,
September24,2012,http://www.ifex.org/uganda/2012/09/24/sim_card_registration/.
40
JulietKigongoandDorothyNakaweesi,BidtoStopSIMCardRegistrationThrownOut,DailyMonitor,February26,2013,
http://www.monitor.co.ug/News/National/CourtrefusestoblockSIMcardregistration//688334/1704590//u4hc7h/
/index.html.
UGANDA

national security concerns.41 This action can be requested by the security minister and granted after
an order by a High Court judge. Telecommunications service providers are further required to
disclose the personal information of individuals suspected of terrorism to the authorities upon issue
of a court warrant or notice from the minister on matters related to national security, national
economic interests, and public safety.42 Failure to comply with the provisions in the RIC act can
entail penalties of up to five years in prison for intermediaries, in addition to license revocations.43
Meanwhile, clauses in the Anti-Terrorism Act also give security officers the power to intercept the
communications of individuals suspected of terrorism and to keep them under surveillance. This
includes journalists who are suspected to have been in touch with individuals designated as
terrorists by the state.
As of April 2013, it is not clear the extent to which the provisions of the 2010 RIC act have been
implemented or operationalized. For instance, it is unknown whether service providers have
installed monitoring equipment as required by law. It is also unclear whether the government has
asked service providers to monitor communications without a court warrant. Meanwhile, telecom
industry observers argue that competition between service providers makes it harder for them to
readily hand over information to the government without going through legal channels, though the
observers also do not rule out the possibility that some companies may cooperate quietly with
government requests.
Nevertheless, a private interview conducted by Freedom House with an LBGT rights group in early
2013 uncovered a case in which an e-mail attachment sent among a private group of individuals was
possibly intercepted by an unknown actor. According to a member of the LGBT group, the
attachment, which included information about different groups in Ugandas LGBT community, was
later published in a local tabloid, outing certain organizations involved in LGBT activism in Uganda.
While details of this account could not be corroborated, the incident falls in line with Ugandas
history of discrimination against the countrys LGBT community that has manifested in similar cases
of public naming and shaming campaigns against LGBT individuals and groups.
Journalists in the traditional media face harassment and occasional violence for their reporting in
print outlets, and these types of violations are slowly beginning to seep into the online sphere. One
young blogger, Racey Carlton Mujuni, reportedly received warnings from the government about
his blogging activities in 2012, particularly after he wrote about the civil conflict in the ethnic
Acholi region of the country.44
Meanwhile, politically-motivated hacking attacks are not significant in Uganda, though there was
one case reported in early 2013 involving a hacking and vandalism attack against the website of the
same LGBT rights group discussed above. The perpetrator behind the attack remains unknown.
41
AmnestyInternational,Uganda:AmnestyInternationalMemorandumontheRegulationofInterceptionofCommunications
Act,2010,December14,2010,http://www.amnesty.org/en/library/asset/AFR59/016/2010/en/4144d548bd2a4fedb5c6
993138c7e496/afr590162010en.pdf.
42
AshnahKalemeraetal.,IntermediaryLiabilityinUganda.
43
AshnahKalemeraetal.,IntermediaryLiabilityinUganda.
44
JosephElunya,ControversialUgandanBloggerWontBudge.
UGANDA

Ugandan government websites have also been hacked from actors outside the country a number of
times this past year. For example, the international hacker group Anonymous hacked into the
office of the prime ministers website in protest against the Anti-Homosexuality Bill in August
2012.45
45
NdesanjoMacha,Uganda:AnonymousBacksGayPride,HacksGovernmentWebsite,GlobalVoices,August16,2012,
http://globalvoicesonline.org/2012/08/16/ugandaanonymousbacksgaypridehacksgovernmentwebsites/.
UGANDA
UKRAINE
2012

Total (0-100)
2013
FREE FREE
7
8
12
27
7
7
14
28


While there was an increase in pressure on mainstream journalists toward selfcensorship on political topics, there was also an increase in the use of ICTs for political
mobilization (see LIMITS ON CONTENT).
Online journalist and activist Mustafa Nayyem was reportedly beat up by the guards of a
member of the Party of Regions in August 2012 (see VIOLATIONS OF USER RIGHTS).
DDoS attacks occurred against election monitoring websites and opposition websites on
the day of parliamentary elections (see VIOLATIONS OF USER RIGHTS).
UKRAINE

INTRODUCTION
Although Ukraine has not made notable progress in using internet and digital technology to
strengthen its civil society over the past few years, the citizens of Ukraine enjoy largely unhindered
access to the internet. With internet infrastructure rapidly developing since the early 1990s,
information and communication technologies (ICTs) have some influence over the political process,
with diverse and generally independent online media and social networks playing a key role with
minimal pushback from the authorities. This comes in part as a result of the 20042005 Orange
Revolution, in which ICTs played a significant role.1
Though Ukraine has relatively liberal legislation governing the internet and access to information, a
number of state initiatives were introduced in 2011 that aimed to control electronic media,
exercise surveillance over internet content on ethical grounds, and limit other forms of
undesirable content. These efforts have the potential for direct and indirect controls over
political and social content online. Direct action against online piracy websites and distributed
denial-of-service (DDoS) attacks against civic initiatives online, although sparse, reveal the potential
of Ukrainian authorities to engage in further limiting activities. In March 2013, the National Expert
Commission on the Protection of Public Morals (NECPPM) issued a statement saying they had
found immoral and discriminatory content hosted on YouTube and that the Internet Association of
Ukraine should avoid violating Ukrainian internet legislation. Nonetheless, no further action was
specified.
Social media platforms are popular and increasingly used by activists for organizing and promoting
ideas such as election monitoring, rights campaigning, and reporting bribery and corruption.
Political parties and the government also use the internet as a tool for political competition,
engaging in legitimate forms of communication such as social media profiles and blogging, as well as
more manipulative techniques such as trolling and astroturfing, or making partisan content seem
independent. Social media and crowdsourcing platforms were used to monitor the parliamentary
elections in 2012; many of these websites were also victims of DDoS attacks.
OBSTACLES TO ACCESS
Internet penetration in Ukraine continues to grow steadily, due in part to diminishing costs and the
increasing ease of access, particularly to mobile internet. According to the International
Telecommunication Union (ITU), Ukraine had an internet penetration rate of 33.7 percent in
2012,2 a major increase from 6.6 percent in 2007.3 At the same time, statistics from InMind show
JoshuaGoldstein,TheRoleofDigitalNetworkedTechnologiesintheUkrainianOrangeRevolution,BerkmanCenter
ResearchPublicationNo.200714,December2007,
http://cyber.law.harvard.edu/sites/cyber.law.harvard.edu/files/Goldstein_Ukraine_2007.pdf.
2
DifferingfromITUstatistics,theresearchcompany,InMind,foundthattherewere14.3millionUkrainiansages15andupwho
usedtheinternetatleastonceamonthinSeptember2011,2comprising36percentofthetotalpopulation.InMind,
UKRAINE

that 19.7 million Ukrainians over the age of 15 use the internet regularly, which is close to 50
percent of all adult Ukrainians.4 For fixed-broadband subscriptions, the penetration rate was
approximately 7 percent in 2012, while mobile broadband had a penetration rate of 4.4 percent.5
Meanwhile, Ukraine ranks eighth in the world for download speeds, with an average download
speed of 1190 Kbps,6 and access to broadband internet in Ukraine is fairly affordable. A monthly
unlimited data plan with a 1 Mb broadband channel costs UAH 80120 ($1015), while the
average monthly wage in the country was UAH 3,377 ($414) in December 2012.7
Of current internet users, 56 percent live in urban areas, while internet penetration in smaller
towns and rural areas is currently below 20 percent.8 The level of infrastructure differs between
urban and rural areas, contributing to the gap in number of users. Most people access the internet
from home or work, though many middle- and higher-end cafes and restaurants often provide free
Wi-Fi access. Access is also common in public libraries and schools. Internet cafes still exist, but are
gradually losing popularity.
Mobile phone penetration has also continued to grow, reaching 132 percent in 2012.9 Use of
mobile internet is gaining in popularity, and an estimated 14 percent of Ukrainian mobile
subscribers own smartphones.10 Cost continues to be the main barrier to higher mobile internet
use. Mobile operators are still waiting for access to third-generation (3G) mobile phone
frequencies, which the Ministry of Defense had promised to convert for use by mobile operators in
2012, but failed to do so.11 The only commercial 3G license was previously owned by formerly
state-run Ukrtelecom, which was privatized in March 2011, and its 3G division is a separate
company currently reported to be looking for a buyer, so the issue of frequency conversion remains
stalled.12
[GrowthofInternetPenetrationLevelinUkraine
HasSlowedSignificantly],AIN.UA,October19,2011,http://ain.ua/2011/10/19/62100.
3
2013,http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.
4
InMind,20[Ukrainehasalmost20millionInternetusers],AIN.UA,October
24,2012,http://ain.ua/2012/10/24/99561.
5
"Broadband:StateofBroadband2012,"BroadbandCommissionforDigitalDevelopment,September2012,
http://www.broadbandcommission.org/Documents/bbannualreport2012.pdf.
6
PandoNetworks,Report:U.S.BroadbandSpeedsRemainSlow,26thintheWorld,SiliconFilter,September20,2011,
http://siliconfilter.com/reportusbroadbandstillslowranks26thintheworld/.
7
StateStatisticsServiceofUkraine,Averagemonthlywagebyregionin2012,accessedonFebruary15,2013,
http://www.ukrstat.gov.ua/operativ/operativ2012/gdn/reg_zp_m/reg_zpm12_u.htm.
8
InMind,[GrowthofInternetPenetration
LevelInUkraineHasSlowedSignificantly],AIN.UA,October19,2011,http://ain.ua/2011/10/19/62100.
9
10
OlgaKarpenko,14%,Android,iPhone[14%of
Ukrainiansubscribersownsmartphones,AndroidssharethreetimesthatofiPhone,]AIN.UA,February20,2013,
http://ain.ua/2013/02/20/113303.
11
IhorBurdyga,[OperatorsToBeConnectedToThirdGeneration],Kommersant
Ukraine,December12,2011,http://www.kommersant.ua/doc/1833438.
12
DmitryKuznetsov,3G?[Theonly3Goperatorin
Ukraineupforsaleagain?],August22,2012,http://ain.ua/2012/08/22/93759.
UKRAINE

There are no known instances of the authorities requiring internet service providers (ISPs) to block
any Web 2.0 applications, protocols, or instant messaging tools. The backbone connection of UAIX (Ukrainian internet exchange, a mechanism of traffic exchange and connection to the wider
internet for Ukrainian ISPs) to the international internet is not centralized, and major ISPs each
have their own channels that are managed independently.
The Ukrainian telecommunications market is fairly liberal and currently undergoing gradual
development. The state previously owned 93 percent of the largest telecom company and top-tier
ISP, Ukrtelecom, but in March 2011 the company was privatized.13 Though no longer state-owned,
Ukrtelecom is still the largest ISP in the country and possesses Ukraines primary network, trunk,
and zone telecom lines.14 Other telecommunications providers are dependent on leased lines, since
Ukrtelecom owns the majority of the infrastructure, and many alternative providers do not have
sufficient resources to build their own networks. However, Ukrtelecom does not exert any
pressure or regulatory control over these other ISPs.
Among the major private ISPs in Ukraine are Volia, Triolan, Vega, and Datagroup; however, major
mobile service providers, like Kyivstar and MTS, are also starting to provide broadband internet
access.15 There are about 400 ISPs in Ukraine, according to the State Commission on
Communications and Informatization.16 Regional ISPs are usually smaller local businesses, and
regional dominance largely depends on business and other connections in a specific region, making
the market prone to corruption.
Ukrchastotnagliad, the Ukrainian frequencies supervisory center, reports that 86 operators have
licenses to provide satellite communications services in Ukraine. Companies providing internet
access using satellite technologies in Ukraine include Ukrsat, Infocom-SK, Spacegate, Adamant,
LuckyNet, Ukrnet, and Itelsat. With the exception of Infocom-SK,17 all these companies are
private.18 The three major players in the mobile communications market are Kyivstar (owned by
Dutch VimpelCom Ltd.), MTS Ukraine (owned by Russian AFK Sistema), and life:) (owned by
Astelit, whose main shareholders are the Turkish company Turkcell and Ukrainian System Capital
Management). Together, these players hold 94.6 percent of the mobile communications market.19
There are no obvious restrictions or barriers to entry into the ICT market, but any new business
venture, be it an ISP or an internet cafe, faces the usual bureaucracy and corruption, as well as the
13
92.8percentofsharessoldtoESU,aUkrainiansubsidiaryoftheAustriancompanyEPIC.Source:
[UkrtelecomSold],Dengi.Ua,March11,2011,http://dengi.ua/news/77761_Ukrtelekom_prodan_.html.
14
Ukraine:CountryProfile2010,OpenNetInitiative,December21,2010,http://opennet.net/research/profiles/ukraine.
15
5,6[NumberOfBroadbandInternet
UsersinUkraineReaches5.6Million],AIN.UA,December16,2011,http://ain.ua/2011/12/16/68574.
16
26,4%[InSecondQuarterNumberOf
SubscribersOfInternetProvidersGrewBy6.4%],Delo.Ua,July26,2007,http://bit.ly/18A2eL4.
17
InfocomSKwasfoundedin1991jointlybystateownedUkrtelecomandControlware,aGermantelecommunications
company.History,Infocom,accessedonJune15,2012,
http://infocom.ua/catalogue.jsp?catalogueId=3000&cataloguerId=6070&lang=3.
18
Ukraine:CountryProfile2010,OpenNetInitiative.
19
iKSConsulting,55[Ukrainehasalmost55millionmobilesubscribers],
AIN.UA,July31,2012,http://ain.ua/2012/07/31/92177.
UKRAINE

legal and tax hurdles common to the Ukrainian business environment. In particular, the Ukrainian
ICT market has been criticized for its difficult licensing procedures for operators, and under the
2003 Law on Communications, operators are required to have a license before beginning their
activities.
The ICT sector is regulated by the National Commission on Communications and Informatization
(NCCIR). Members of the NCCIR are appointed by the president of Ukraine.20 Due to widespread
corruption in the political system and the lucrative nature of business in the ICT sector,
appointments to the commission often lack transparency. The NCCIRs work has often been
obstructed by claims of non-transparent decisions and operations. For instance, in July 2011 the
NCCIR (then the NCCR) refused to prolong the operating license of mobile provider Kyivstar for
GSM 900/1800 frequencies.21 Furthermore, the 2003 Law on Communications does not guarantee
the independence of the NCCIR.
A new parliamentary committee on informatization and information technologies was created in
December 2012,22 ostensibly to promote the presidents promise of further development of the
Ukrainian ICT market.23 So far, the committee has not made any significant decisions relating to the
ICT industry.
LIMITS ON CONTENT
There is no practice of institutionalized blocking or filtering, or a regulatory framework for
censorship of content online, although there have been attempts at creating legislation which could
censor or limit content. Many of these initiatives present indirect threats to freedom of information
online. For example, in September 2012, members of parliament introduced a draft bill which
suggested implementing jail sentences of three to five years for cybercrimes such as hacking,
cyberscams, and information espionage.24 Additonally, there were calls to create a national
cybersecurity system as part of the strategic law On the main foundations of development of
20
NationalCommissiononRegulationofCommunicationsandInformatization,accessedonJanuary10,2012,
http://en.nkrz.gov.ua/.
21
[NCCRRefusedtoProlongKyivstar'smobile
communicationslicense],ITC.ua,July8,2011,http://bit.ly/19KAAt3.TheNCCRsaidKyivstarfirstacquiredtheirlicensein1996
for15yearsundertheactingLawonTelecommunications,whilein2004anewLawonTelecommunicationscameintopower,
thusmakingtheoldLaw(andanyagreementsunderit)void.NCCRbelievedKyivstarwasnotentitledtosimplypay30percent
ofthelicensepricetoprolongsaidlicense,butoughtinsteadtopay200percentofthelicensepricetoacquiretwonew
licensesforGSM900andGSM1800each.ThiswouldcostKyivstararound19millionUAH.Asaresult,inSeptember2011
Kyivstarhadtopaythefullpricefortwonewlicensesinordertocontinuetheiractivitiesinthemarket.Seealso,
[KyivstarGivenNewMobileCommunicationsLicenses],LigaNet,September8,
2011,http://bit.ly/164BamS.
22
""[Ukrainian
ParliamentadoptsDecreeOncommitteesofParliamentofUkraine,seventhsession],OfficialParliamentaryportal,December
25,2012,http://iportal.rada.gov.ua/news/Topnovyna/71350.html.
23
OlgaKarpenko,,IT[ParliamentgetscommitteetoregulateITC
sphere],AIN.UA,December25,2012,http://ain.ua/2012/12/25/107173.
24
OlgaKarpenko,3[MPssuggestjailsentencesfor
upto3yearsforcybercrimes],AIN.UA,September19,2012,http://ain.ua/2012/09/19/95861.
UKRAINE

information society in Ukraine for 20072015.25 In some cases, such laws obligate ISPs to remove
or block the offensive or illegal content within 24 hours or, if such content is found to be hosted
outside of Ukraine, ISPs would have to limit Ukrainian users access to such content, effectively
introducing a practice of filtering content.
The law On Protection of Public Morals deals with pornography, eroticism, hate speech,
violence, and explicit language, and was amended in October 2011. However, these amendments
have been criticized for being overly vague, since they fail to narrowly define what is considered
erotic, hateful, or explicit. Critics have argued that the amended law is in violation of Article 10 of
the European Convention of Human Rights and the Declaration of Human Rights, both ratified by
Ukraine.26
Aside from the vague definitions, experts are worried that the law gives extraordinary powers to
the National Expert Commission on the Protection of Public Morals (NECPPM), allowing it to
issue orders to block websites and online content within 24 hours, without a court order or any
means for website owners or content authors to appeal. At the moment, access providers and
content hosts are not responsible for the content transmitted or hosted, and may block or require a
user to remove content only when provided with a court order. The NECPPM, which has been
slated for dissolution since January 2013,27 is known for outlandish requests and recommendations,
such as its letter to the Internet Association of Ukraine (INAU) in March 2013, which stated that
the Commission had analyzed the website YouTube.com and discovered content which was
immoral and discriminatory. The letter asked INAU to consider avoiding [the] violation of
Ukrainian Internet legislation, but did not specify further action.28
In one of the more notable cases of website closure, on August 6, 2012, Ukrainian authorities shut
down Demonoid, one of the worlds largest bittorrent tracker websites hosted in Ukraine, which
was violating Ukraines copyright laws.29 Previously, all IP addresses within Ukraine were merely
blocked from accessing the site, although the site was still available to outside users and those with
circumvention tools. Many media outlets connected the shutdown to First Deputy Prime Minister
Valery Khoroshkovskys visit to the United States,30 and portrayed it as an attempt to demonstrate
25
2007
2015[NCCIRproposeschangestotheLawofUkraineOnthemainfoundationsofdevelopmentofinformationsociety
inUkrainefor20072015],NationalCommissiononCommunicationsandInformatizationffocialwebsite,August9,2012,
http://nkrzi.gov.ua/uk/activities_nkrzi/news/1344519940/.
26""[ReportersWithoutBordersGeneral
SecretaryConcernedWithMP'sIntentionToLimitMassMedia],UkrainskaPravda,October28,2011,
http://www.pravda.com.ua/news/2011/10/28/6711923/.
27
[MoralsCommissiontobeliquidatedinUkraine],Segodnya,UA,Jaunary
31,2013,http://www.segodnya.ua/politics/laws/VUkrainelikvidiruyutKomissiyupomorali.html.
28
SerhiyPishkovtsiy,YouTube[NationalMoralsProtectionCommissiondoesnot
likeYouTube],April2,2013,http://watcher.com.ua/2013/04/02/natskomisiyizzahystumoralinespodobavsyayoutube/.
29
VeronicaKhokhlova,Ukraine:AuthoritiesShutDownBitTorrentTrackerDemonoid,GlobalVoices,August14,2012,
http://globalvoicesonline.org/2012/08/14/ukraineauthoritiesshutdownbittorrenttrackerdemonoid/.
30
DougPalmer,UPDATE2IMFtovisitUkrainetoassessbudgetUkraineofficial,Reuters,August1,2012,
http://in.reuters.com/article/2012/08/01/imfukraineidINL2E8IVKRK20120801.
UKRAINE

Ukraines tough stance on copyright infringement.31 In response to Demonoids closure, the
hacktivist group Anonymous launched a series of DDoS attacks on Ukrainian government websites,
including the National TV and Radio Broadcasting Council, the Agency for Copyright, and the
Anti-Piracy Association.32
In February 2013, the weekly news magazine and website Focus suddenly removed its latest issue
from the website and stalls.33 Journalists and observers claimed that the issue was removed because
of several articles critical of the presidential administration. The four articles in question were
dedicated to the third anniversary of the election of President Viktor Yanukovych and contained
revealing infographics about the administrations expenses. Focuss editor-in-chief, Yana
Moiseenkova, disputed claims of self-censorship, claiming that the removals were due to technical
reasons and that the articles would be back online later, although the articles were never returned
to the website. Other explanations of why the stories were removed from the website included a
speculation that Focus was engaging in a self-promotion campaign.
Attempts to manipulate the online news landscape are not numerous, but there are some examples
of online media which support certain political figures or political ideas, in addition to
progovernment news websites. Some online news websites belong to media holdings owned by
oligarchs close to the ruling Party of Regions and other political forces. By and large, though,
online media are varied and represent many opinions on the political spectrum, with a key cluster
of independent media playing the role of watchdogs and conducting investigative journalism.
Political and social issues are discussed freely on internet forums and in the comments on news sites
like Ukrainska Pravda and Korrespondent. Access to international media websites is also unfettered.
Prior instances of politically affiliated paid commentators trolling on news websites and social
networks did not occur as frequently in 20122013.
YouTube, Facebook, Twitter, and international blog-hosting services such as Wordpress and
LiveJournal are freely available. Increasingly, Ukrainian politicians are realizing the value of social
media, and many have accounts on social media platforms in the hopes of engaging their voters.34
During the 2012 parliamentary elections, many politicians engaged with voters on their social
media platforms.
The Ukrainian blogosphere is fairly active, although less so than the Russian LiveJournal
community, which houses many more politically active citizens. Around 60 percent of Ukrainian
online users regularly went online in 2012 to use social networks.35 According to Yandex, in 2011
there were 1.1 million Ukrainian blogs, up from 700,000 in 2010, and blogs are increasingly
31
JonPartridge,PirateBayCompetitorDemonoidTakenOutasaPresentFortheUS,Gizmodo,August7,2012,
http://www.gizmodo.co.uk/2012/08/piratebaycompetitordemonoidtakenoutasapresentfortheus/.
32
SteveRagan,AnonymousAttacksUkrainianGovernmentAfterDemonoidTakedown,SecurityWeek,August8,2012,
http://www.securityweek.com/anonymousattacksukrainiangovernmentafterdemonoidtakedown.
33
OlgaKarpenko,?[FocusMagazineRemovedArticlesFrom
WebsiteBecauseofCensorship?],AIN.UA,February25,2013,http://ain.ua/2013/02/25/113849.
34
YelenaGladskih,[HowUkrainianPoliticiansUseBlogs],Delo.Ua,February12,
2011,http://delo.ua/ukraine/kakispolzujutblogiukrainski152081/.
35
UANet2012Digest,ProdigiDigitalAgency,December11,2012,http://slidesha.re/UxQ5v7.
UKRAINE

appearing as a genre of online news websites.36 In addition, there are about 500,000 Ukrainian
Twitter accounts, with a large majority of them in Kyiv.37 The number of Ukrainian users on
Facebook grew from nearly 2 million users as of April 2012 to 2.3 million in December 2012.38
Ukrainian bloggers, journalists, NGOs, and citizen activists have been joining forces and creating
online projects aimed at scrutinizing government policies, monitoring elections, and uncovering
corruption in the higher ranks of power.39 During the recent parliamentary elections in October
2012, a number of NGOs and civic organizations used online tools to keep the election process
transparent and accountable, providing tools for citizens to help monitor the elections. Some of
these networks sprung out of the Orange Revolution, but activists are now exploring new tools to
fight election corruption. The OPORA civic network, for example, created an interactive map
with all 33,000 polling stations, and its 3,800 professional observers documented violations on the
map.40 Regular citizens could also submit reports of violations through an online form.
Another project called Maidan-monitoring,41 launched by the online citizen-activism hub Maidan,
used crowd-mapping and the Ushahidi platform to create a map of violations with textual and visual
evidence supporting the reports.42 Maidan-monitoring activists made it a point to verify all
incoming information, also calling on election commission members and voters to join the Peoples
Central Election Commission (CEC)43 and post digital photographs of the final voting protocols
that were later posted online in order to prevent any manipulations of the election results.
ElectUA,44 a nonpartisan crowdsourced election monitoring project by Internews Ukraine, grew
out of the practice of using Twitter hashtags to report possible voting violations during previous
elections in 2009 and 2010.45 Voters were able to submit messages to ElectUA in 2012 via e-mail,
SMS, and phone, as well as through the project's website, Facebook or Twitter. All three election
monitoring websites experienced DDoS attacks on the day of the elections, October 28, 2012.46
36
Yandex,,2011[AntonVolnukhin,YandexResearchon
UkrainianBlogosphere2011],presentedatMicrosoftBlogFest2011,sharedbyMicrosoftUkraine,November19,2011,
http://docs.com/G65I.
37
[YandexGetsFriendlyWithTwitter],YandexCompanyBlog,February21,2012,
http://clubs.ya.ru/company/43938.
38
MaksymSavanevsky,Facebook2012630[UkrainianFacebookAudiencein
2012Grewby630Thousand],Watcher.com.ua,December25,2012,http://bit.ly/ZxsYKi.
39
ExamplesincludetheNewCitizenpartnership'sinitiative(Honestly,amovementfortransparentandfair
39
parliamentaryelections),andPRYAMADIYA (DirectAction,amovementofstudentunionsorganizingstreetprotestson
relevantissues).
40
ELECTIONS2012.Observation,OPORAnetwork,accessedFebruary26,2012,http://map.oporaua.org/en/.
41
NatalkaZubar,NewInteractiveMapofElectoralViolationsinUkraine,Maidan.org,July10,2012,http://bit.ly/1fRTFP3.
42
:2012[MaidanMonitoring:Elections2012],Maidan,accessedonFebruary27,2013,
http://maidanua.org/vybory2012/.
43
[JointhePeoplesCEC],Maidan,accessedonFebruary27,2013,http://bit.ly/18eUg9i.
44
VeronicaKhokhlova,Ukraine:CrowdmappingElectionViolations,GlobalVoices,October26,2012,
http://globalvoicesonline.org/2012/10/26/ukrainecrowdmappingelectionviolations/.
45
()1700Twitter[(press
release)1700TweetsAboutPossibleViolationsResultofLocalElectionsTwittercast],BlogofElectionsTwittercastProject,
November3,2010,http://electua.blogspot.com/2010/11/1700twitter.html.
46
TetyanaBohdanova,Ukraine:ElectionMonitorsWebsitesUnderDDoSAttack,GlobalVoices,October28,2012,
http://globalvoicesonline.org/2012/10/28/ukraineelectionmonitorswebsitesunderddosattack/.
UKRAINE

The attacks lasted for several hours, and the sites were inaccessible for a period of time, but
activists were not able to provide direct proof that these were intentional DDoS attacks.47

The security situation for journalists and online users further declined in 20122013. Traditional
journalists continue to face regular intimidation and threats of physical violence, although this trend
has not been seen as frequently in regard to online journalists. However, in August 2012, a wellknown online journalist for the internet publication Ukrayinska Pravda was reportedly beaten up by
the guards of a member of the Party of Regions. Additionally, during the parliamentary elections in
October 2012, there was an increase in the number of DDoS attacks against election monitoring
and opposition websites.
The right to free speech is granted to all citizens of Ukraine in Article 34 of the constitution,
although the article also specifies that the state may restrict this right in the interest of national
security or public order. In practice, this right has been frequently violated. Part three of Article 15
of the constitution forbids censorship, though this norm is routinely violated, with especially grave
violations observed during the time of President Leonid Kuchma, who served before the 2004
2005 Orange Revolution. In addition, Article 171 of the criminal code provides fines and detention
sentences for obstructing journalists activity. The Ukrainian judiciary, however, is prone to the
same level of corruption evident in other branches of power. Many businesses, including media
companies, often resort to bribes to influence the consideration of their affairs in the courts.48
In 2011, online journalists achieved similar status and privileges as traditional journalists, such as
being able to obtain accreditation for parliamentary sessions and other official meetings frequented
by the press. Nevertheless, there has been an ongoing discussion about the need for online media to
register, with some suggesting that registration would provide additional mechanisms for
protecting journalists, while others refute this idea, considering any form of registration to be an
impediment to press freedom and internet freedom.49
On September 18, 2012, a draft bill calling for up to five years of jail time for defamation (both
offline and online) passed the first reading in the parliament.50 The bill caused a wave of indignation
from Ukrainian journalists and activists, and international organizations such as Reporters Without
Borders appealed to the parliament to reconsider adopting the bill that would recriminalize
47
OPORACitizenNetwork(Facebookpage),October28,2012,
https://www.facebook.com/cn.opora/posts/10151093684415108.
48[Judiciaryreformdoesnotbanishtwilightinbusinessmood],
DeutscheWelle,June1,2012,http://www.dw.de/dw/article/0,,15992775,00.html.
49
UkrainianInternetAssociation,:"
[SummaryofPressConference:Selfregulation
ofUkrainianElectronicMediaAsAnAlternativeToStateRegulationInTheUkrainianInternetSegment],InAU(Ukrainian
InternetAssociation),July19,2011,http://www.inau.org.ua/170.3675.0.0.1.0.phtml.
50
TetyanaBohdanova,Ukraine:ProtestingtheControversialDefamationBill,GlobalVoices,September29,2012,
http://globalvoicesonline.org/2012/09/29/ukraineprotestingthecontroversialdefamationbill/.
UKRAINE

defamation.51 A number of online media outlets and active online users launched a wide-reaching
campaign against the defamation bill, creating a Facebook group with over 7,700 members, placing
stark banners on the front pages of many media outlets, and posting calls to Say No to
Defamation Law throughout social networks.52 As a result of the campaign pressure, the bill was
rejected at its final reading on October 2, 2012.53 However, some pointed out that Vitaly
Zhuravsky, a member of parliament (MP), might have agreed to recall the draft bill to improve his
chances in the coming parliamentary elections.54
In June 2012, a criminal investigation was initiated against the news website Levy Bereg (Left Bank),
reportedly upon request of MP Volodymyr Landyk, who claimed the website published his private
text messages without his consent.55 Sonya Koshkina, the editor-in-chief of Levy Bereg, temporarily
left the country, citing pressure and fears for her life. Koshkina claimed she would not return until
the criminal investigation was dropped.56 The Kyiv Prosecutors Office later dropped the case,
citing that there was no significant harm done by the publication to the claimant.57
There is no obligatory registration for either internet users or mobile phone subscribers.
Nevertheless, the pervasiveness of extralegal surveillance of Ukrainians users activities is unclear.
From 2002 to 2006, mechanisms for internet monitoring were in place under the State Committee
on Communications Order No. 122, which required ISPs to install so-called black-box
monitoring systems that would provide access to state institutions. This was mainly done to
monitor the unsanctioned transmission of state secrets. Caving to pressures from public protests
and complaints raised by the Internet Association of Ukraine and the Ukrainian Helsinki Human
Rights Union, the Ministry of Justice abolished this order in August 2006. Since then, the Security
Service has seemingly acted within the limits of the Law on Operative Investigative Activity, and
must obtain a court order to carry out surveillance.58 At the same time, some human rights groups
are concerned that the Security Service is still keeping intercepted messages and carrying out
internet surveillance on a large scale.59
Physical attacks against online journalists and activists are rare; however, the intimidation and
harassment of traditional journalists is a regular occurrence. In August 2012, the activist Mustafa
51
InVictoryforJournalists,RecriminalizationofDefamationRejected,ReportersWithoutBorders,October2,2012,
http://en.rsf.org/ukraineappealonparliamentabout02082012,43153.html.
52
.[SayNotoDefamationLaw.ThisisEveryonesBusiness],Facebook
group,accessedonFebryary27,2013,https://www.facebook.com/groups/naklep/members/.
53
InVictoryforJournalists,RecriminalizationofDefamationRejected,ReportersWithoutBorders,October2,2012,
http://en.rsf.org/ukraineappealonparliamentabout02082012,43153.html.
54
TetyanaBohdanova,Ukraine:ProtestingtheControversialDefamationBill,GlobalVoices,September29,2012,
http://globalvoicesonline.org/2012/09/29/ukraineprotestingthecontroversialdefamationbill/.
55
OlgaKarpenko,LB.ua()[CriminalCaseStarted
AgainstOnlinePublicationLevyBereg(updated)],AIN.UA,July17,2012,http://ain.ua/2012/07/18/91273.
56
[SonyaKoshkinaHasLeftUkraine],UkrainskaPravda,June30,2012,
http://www.pravda.com.ua/news/2012/06/30/6967733/.
57
[Notification],KyivProsecutorsOfficeofficialwebsite,August3,2012,
http://www.kyiv.gp.gov.ua/ua/news.html?_m=publications&_c=view&_t=rec&id=109821.
58
Ukraine:CountryProfile2010,OpenNetInitiative.
59
KharkivHumanRightsGroup,2006.V.[HumanRightsinUkrainein2006.
V.PrivacyRights],HumanRightsinUkraine,March5,2010,http://www.khpg.org/index.php?id=1186147137.
UKRAINE

Nayyem, who is a well-known TV and online journalist, was on his way to a Party of Regions
congress when he was attacked by the guards of a party member.60 The Prosecutors Office in Kyiv
has started an investigation into the attack, in which Nayyem was beaten and had his phone stolen.
In March 2013, Andriy Dzindzya, a journalist with Road Control, an online crowdsourcing website
documenting road police corruption, was arrested on charges of hooliganisma common charge
for activists in Ukraine.61 Earlier, in February 2012, journalists from Road Control had an altercation
with police. After other journalists and NGO activists arrived at the police station, Dzindzya was
released on bail. Observers claimed his arrest was unwarranted, as were the hooliganism charges.62
On March 22, 2013, police officers arrived at the offices of the website Censor.net and claimed
they had a warrant, based on a preliminary investigation, to obtain information about the websites
users. They were unable to present any proof or documentation, but threatened to remove the
servers from the office.63 Further comments from the local cybercrime division officials indicated
that police had acted due to a post on an online forum and comments on Censor.net criticizing a
local judge for parking her car illegally in the backyard of her apartment complex.64 The judge then
instigated criminal proceedings to determine who was criticizing her on the website. Censor.net
reported the actions and alleged motivations of the police on its website, after which the police
dropped the matter.
Cyberattacks are not very common in Ukraine, although some recent cases were recorded during
the parliamentary elections of October 2012. Several crowdsourced election monitoring websites
were attacked,65 as well as the websites of opposition parties.66
In March 2013, several regional news websites reported that they had been the victims of DDoS
attacks. Three outlets based in CherkassyProcherk, Provintsiya and Dzvinwere taken down on
March 6, 2013 during President Yanukovichs visit to the region. According to Procherk editor
Nazariy Vivcharyk, their website was also subject to cyberattacks during most of the day.67
60
,[MustafaNayyemToldOfWhoBeatHimUpAt
ThePartyOfRegionsCongress],ZN.UA,August3,2012,http://bit.ly/18A2lpT.
61
""[RoadControlJournalistArrestedonCourt
WarrantPolice],UkrainskaPravda,March15,2013,http://www.pravda.com.ua/news/2013/03/15/6985666/.
62
""[CourtReleasesRoadControlJournalistonBail],
UkrainskaPravda,March19,2013,http://www.pravda.com.ua/news/2013/03/19/6985900/.
63
[Policethreatenedtoremoveserverofonline
newsoutletbecauseofcommentsaboutajudge],UkrainskaPravda,March28,2013,http://bit.ly/16U1vAO.
64
.?[EconomiccourtjudgeZhannaAleksandrovnaBernatskaya
blocksexitfromyardforeveryonewithherPorsheCayennejeep.Howdowefightsuchbastards?],Censor.net,February12,
2013,http://bit.ly/14rbjFe.
65
TetyanaBohdanova,Ukraine:ElectionMonitorsWebsitesUnderDDoSAttack,GlobalVoices,October28,2012,
http://globalvoicesonline.org/2012/10/28/ukraineelectionmonitorswebsitesunderddosattack/.
66
MaksymSavanevsky,,,DDoS()[Websitesof
Tymoshenko,FrontZmin,HrytsenkoDownUnderDDoSAttack(updated)],Watcher.com.ua,October28,2012,
http://watcher.com.ua/2012/10/28/saytytymoshenkofrontuzminhrytsenkalyahlypidddosatakoyu/.
67
2013[FreedomofSpeechBarometerforMarch2013],IMI,April3,2013,
http://imi.org.ua/barametr/40525barometrsvobodislovazaberezen2013roku.html.
UKRAINE
UNITED ARAB EMIRATES

2012
N/A

n/a
n/a
n/a
n/a
Total (0-100)
2013
NOT
FREE
13
22
31
66


The state continued to block certain political and social websites, as well as
pornography, gambling sites, and other content deemed offensive to public order,
religion, or morality (see LIMITS ON CONTENT).
The new cybercrime law introduced in 2012 outlined harsh punishments for users who
post content that is critical of the state, is offensive to religion, or violates anothers
right to privacy (see VIOLATIONS OF USER RIGHTS).
Scores of users were detained and given 7 to 15 year sentences for their online activity,
including several belonging to the so-called UAE 94 group of political detainees (see

INTRODUCTION
The government of the United Arab Emirates (UAE) has embraced information and
communications technology (ICT) as a means of developing a competitive economy and improving
citizen services. The internet was introduced to the country in 1995 and internet penetration has
quickly risen.1 The UAE is ranked 25th in the World Economic Forums 2013 Networked
Readiness Index2 and scored 28th in the United Nations 2012 E-Governance Survey.3 However,
while remaining open to receiving large amounts of foreign investment and expatriate workers, the
government has actively fought to deter political discussions, demands for reforms, and criticism of
public officials online.
The wealthy Gulf state has taken several moves to restrict access to online tools that challenge the
governments authoritarian grip on both politics and telecommunications. Numerous websites are
blocked and search results are filtered in order to prevent access to local and international voices
that differ from the state line, particularly on political, religious, and sexual matters. Responding to
the growing use of social media to call for political reforms and document government abuses, a
new cybercrime law was issued in 2012. The law provides harsh punishments for a wide range of
vague offenses, such as criticizing the countrys rulers and religion. These laws, combined with a
judiciary that fundamentally lacks independence, create a highly problematic legal environment
where users cannot be guaranteed that their constitutional and internationally recognized rights will
be upheld.
The first reported instance of law enforcement bodies targeting ICT use for political motives
occurred in July 2010, when an 18-year-old named Badr al-Dhohri was held in Abu Dhabi for using
his Blackberry to pass along a message that called for a protest against increases to the price of
gasoline. Later, a man named Saud was arrested for organizing the unsuccessful protest, while five
other citizens were summoned for investigation.4 As for online users, two members of the online
discussion forum UAE Hewar were arrested in April 2011 in one of the first documented cases in
the country. One of those detained was the prominent blogger and activist Ahmed Mansoor, whose
arrest sparked online campaigns calling for his release. A third user was arrested for criticizing the
authoritarian practices of Gulf governments.5
More recently, dozens have been detained for their political discussions on online forums and social
media. Many have indicated that they were held without charge, denied the right to an attorney,
1
InternetinUAE.InternationalTelecommunicationsUnion.2001.AccessedJune25,2013,
http://www.itu.int/arabinternet2001/documents/pdf/document25.pdf
2
BenatBilbaoOsorio,SoumitraDutta,BrunoLanvin,eds.TheGlobalInformationTechnologyReport2013,WorldEconomic
Forum,accessedJune6,2013,http://www.weforum.org/reports/globalinformationtechnologyreport2013/.
3
UnitedNationsPublicAdministrationNetwork."EmiratesgloballeaderineReadiness,saysUNeGovernmentSurvey2012."
May15,2012.
http://www.unpan.org/PublicAdministrationNews/tabid/651/mctl/ArticleView/ModuleID/1555/articleId/31395/default.aspx
4
ReportersWithoutBorders.WaveofArrestsofBlackberrymessengerusers.29July2010.http://en.rsf.org/unitedarab
emirateswaveofarrestsofblackberry29072010,38048.html
5
Reuters."ArrestedUAEbloggeraccusedofpossessingalcohol."April12,2011.
http://www.reuters.com/article/2011/04/12/usemiratesactivistsidUSTRE73B2EP20110412

and tortured. Mobile phones must be registered andfor most of the coverage periodVoiceover-Internet-Protocol (VoIP) applications were banned to facilitate government monitoring and
protect the states monopoly on phone services. The countrys two mobile phone and internet
service providers are either directly or indirectly owned by the state, reflecting a lack of checks and
balances in government requests for surveillance data. Numerous crackdowns on users have
increased self-censorship on social media and online news outlets, of which the most prominent are
government-owned.
Some Emiratis have continued to push back against government repression and intimidation by
channeling their strong digital literacy into online activism, writing blogs and calling for political
reform on social networks. In the face of prosecution, activists still use online tools to highlight
human rights violations and pass on messages from relatives in prison. Nonetheless, the online
environment in the UAE is not free, and users face many challenges to freedom of expression
online.
OBSTACLES TO ACCESS
Similarly to other Gulf States, Emirati users enjoy a robust information and communications
technology (ICT) infrastructure and high connection speeds. In the International
Telecommunication Unions (ITU) 2012 ICT Development Index, the UAE ranked 45th in the
world and among the top five in the region.6 The number of internet users has risen rapidly from a
penetration rate of 61 percent in 2007 to 85 percent in 2012.7 As of April 2013, there were
997,675 internet subscribers, 99 percent of which had broadband connections.8
While the use of broadband is widespread, prices are extraordinarily high; the UAE has one of the
most expensive broadband rates in the world, with high-end subscriptions costing more than AED
8,000 ($2,178) a year. However, the UAE ranks 29th in the ITUs 2012 ICT Price Basket Index, in
which local broadband prices are measured against gross national income (GNI) per capita.9 This
reflects a sense that despite the high prices, the internet remains affordable for most Emiratis,
though not necessarily to all migrant workers. Prices have been steadily dropping in recent years
and,10 in May 2012, the telecommunications company Etisalat announced a further 50 percent cut
in broadband subscription costs.11
6
InternationalTelecommunicationUnion(ITU),MeasuringtheInformationSociety2012ICTDevelopmentIndex(IDI),
accessedJune7,2013,availableathttp://www.itu.int/ITUD/ict/publications/idi/material/2012/IDIranking.pdf.
7
InternationalTelecommunicationUnion(ITU),PercentageofindividualsusingtheInternet,2001and2012,accessedJune2,
2013,http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.
8
TelecommunicationsRegulatoryAuthority.LatestStatistics.AccessedJuly2,2013.
http://www.tra.gov.ae/latest_statistics.php
9
InternationalTelecommunicationsUnion(ITU),MeasuringtheInformationSociety,2012,availableat
http://www.itu.int/en/ITUD/Statistics/Documents/publications/mis2012/MIS2012_without_Annex_4.pdf.
10
BenFlanagan.UAEsubscriberspayinghighpriceforbroadband.Aug16,2011
http://www.thenational.ae/business/technology/uaesubscriberspayinghighpriceforbroadban
11
Etisalattocutbroadbandratesby50%.Emirates24/7.May20,2012.
http://www.emirates247.com/news/emirates/etisalattocutbroadbandratesby50201205201.459470

The UAE has one of the highest mobile phone penetration rates in the region with nearly 170
percent or 11.7 million subscribers in 2012.12 Out of 26 countries that participated in a Google
survey of smartphone penetration, the UAE was ranked first, with 61 percent of mobile phone
users reporting that they own smartphones.13
According to UNICEF, literacy in the Emirates was reported at 94 percent among males and 97
percent among females, thereby not constituting a strong obstacle to internet use.14 In 2006, the
country decided to include computer laboratories in public schools, thereby seeking to improve
computer literacy among the youth.15
The two internet service providers (ISPs) in the UAE are Etisalat and du. Both companies have
launched their own carrier-neutral international internet exchange points, Smarthub and
Datamena, respectively.16 Cuts to undersea cables have disrupted internet access for Emirati users
on several occasions, though government-instituted outages are not known. In March 2013, Etisalat
warned that users would face slower speeds due to the cutting of a fiber-optic cable off of the
Mediterranean coast of Egypt.17 Du suffered similar disruptions in April 2010 and March 2011 due
to cuts to the SEA-ME-WE 4 cable.18 In 2008, 1.7 million users in the UAE were affected by
undersea damage to submarine cables occurring at five separate locations around the globe.19
Both telecommunications companies are, directly or indirectly, owned by the state. The UAE
government maintains a 60 percent stake in Etisalat through its ownership in the Emirates
Investment Company,20 while a majority of du is owned by various state companies.21 Etisalat used
to dominate the telecommunication market until 2006, when du was granted a working license.
Since 2006, no new providers have been licensed, though there is no information on whether new
applications were submitted. The two companies are also the major mobile phone operators.
Providers fall under the laws and regulations set by the TRA, which has been headed by Mohamed
Nasser Al Ghanim since its establishment in 2004. Its tasks include licensing, conducting surveys,
promoting investment, and assigning websites to the .ae top-level country domain.22
12
InternationalTelecommunicationUnion(ITU),Percentageofindividualsusingmobilecellulartelephones,2012,accessed
June2,2013,http://www.itu.int/en/ITUD/Statistics/Pages/stat/default.aspx.
13
Google.OurMobilePlanet:UnitedArabEmirates.AccessedApril20,2013.http://bit.ly/MOD7dt.
14
UNICEF.UnitedArabEmirates:Statistics.AccessedatJune25,2013.http://uni.cf/lgxga0.
15
LibraryofCongressFederalResearchDivision."CountryProfile:UnitedArabEmirates(UAE),"July2007,
http://lcweb2.loc.gov/frd/cs/profiles/UAE.pdf.
16
Etisalatlaunchesinternetexchangehub,CommsMEA,November19,2012,http://bit.ly/1hfcJEE.
17
ClaireValdini."UAEEtisalatusersfacedisruptionaftercablecut,"ArabianBusiness,March28,2013.
http://www.arabianbusiness.com/uaeetisalatusersfacedisruptionaftercablecut495772.html
18
SeaMeWe4referstotheSouthEastAsiaMiddleEastWesternEurope4cable.HassanHassan."Cablecutmayslow
internet,"TheNational,March27,2011.http://www.thenational.ae/news/uaenews/cablecutmayslowinternet
19
AsmaAliZain."Cabledamagehits1.7mInternetusersinUAE,"KhaleejTimes,February5,2008.http://bit.ly/1dS8tLD.
20
MaherChmaytelli,EtisalatPlanstoAllowForeignersSoon,KhaleejSays,Bloomberg,July29,2012,
http://www.bloomberg.com/news/20120729/etisalatplanstoallowforeignerssoonkhaleejsays.html.
21
du,Shareholdersstructure,accessedJune7,2013,http://www.du.ae/en/about/corporategovernance/shareholders.
22
TelecommunicationsRegulatoryAuthority."TRAsBoardofDirectorsEndorsesSeveralICTPolicyIssuesandApprovesthe
AuthoritysBudgetfor2010,"January6,2010.
http://www.tra.gov.ae/news_TRA%92s_Board_of_Directors_Endorses_Several_ICT_Policy_Issues_and_Approves_the_Authorit
y%92s_Budget_for_201013536.php

LIMITS ON CONTENT
Online censorship has increased in the UAE following the Arab uprisings of 2011. The authorities
have blocked numerous websites and web forums where users openly call for political reforms or
criticize the government. While self-censorship is pervasive, the ongoing crackdown against online
dissent points to the fact that a limited number of users continue to use their real names when
addressing sensitive issues. The families of political detainees use social media to highlight human
rights abuses and communicate on behalf of their loved ones. Twitter, for example, is highly
important in an online media landscape that is dominated by state-run news sites that refuse to
cover controversial trials or stray too far from the states overall narrative. These factors contribute
to a highly-controlled online environment in which freedom of expression and the right to
information is not respected.
The availability of VoIP services in the UAE is shrouded in doubt and disputes between the
countrys two telecommunications companies, Etisalat and du, and the TRA. In the past, many
aspects of VoIP applications were blocked by both providers and Skype was classified by the TRA as
an unlicensed VoIP. When users landed on the Skype website, a notice appeared stating, Access
to this site is currently blocked. The site falls under the Prohibited Content Categories of the
UAEs Internet Access Management Policy.23 Similar products such as Viber or Apples Facetime
were also banned; 24 in fact, Apple agreed to sell its iPhone4 products to UAE mobile phone
companies without the Facetime application preinstalled.25 However, on numerous occasions the
TRA has emphasized that it is up to the mobile phone providers to license these products. Etisalat
and du currently offer their own prepaid VoIP cards, although their prices are higher than those
listed by Skype.
Changes arrived on March 19, 2013, when du subscribers suddenly reported no obstacles in
accessing the Skype website or in making Skype-to-phone calls. Etisalat announced that it would
follow suit one month later.26 After initial reports from the TRA indicated that Skype users could
still face fines of AED 1 million ($272,000) or two years imprisonment, the regulatory denied that
it had made these statements and reiterated that the availability of Skype is a matter for the two
telecommunications companies.27 BlackBerry services have been restricted since 2010, when the
government introduced a regulation allowing only companies with more than 20 BlackBerry
23
KyleSinclair,MobilesubscribersinUAEgetaccesstoSkypecalls,butforhowlong,TheNational,March20,2013,
http://www.thenational.ae/news/uaenews/mobilesubscribersinuaegetaccesstoskypecallsbutforhowlong.
24
ViberseekstocircumventbaninMidleEast,TheNational,June10,2013,http://www.thenational.ae/news/uae
news/viberseekswaystocircumventbaninmiddleeast.
25
ReportersWithoutBoarders.CountriesUnderSurveillance:UnitedArabEmirates.March11,2011.
http://en.rsf.org/unitedarabemiratesunitedarabemirates11032011,39760.html
26
MattSmith,UAEtelcoEtisalatsaysunblocksSkypewebsite,Reuters,April8,2013,
http://www.reuters.com/article/2013/04/08/usemiratesetisalatskypeidUSBRE9370HO20130408.
27
ColinSimpson,UAESkypeuserswillnotfacejailorDh1millionfine,confirmstelecomregulator,TheNational,May12,
2013,http://www.thenational.ae/news/uaenews/uaeskypeuserswillnotfacejailordh1millionfineconfirmstelecom
regulator.

accounts to access the encrypted BlackBerry Messenger service.28 Despite these limitations,
circumvention software and proxies are commonly used by Emiratis to access blocked content29
and VoIP services.30
While the TRA has claimed that it is not chiefly responsible for the unavailability of VoIP, the
regulator does instruct ISPs to block content related to terrorism, pornography, and gambling, as
well as websites that contain political speech threatening to the ruling order. According to a recent
report from CitizenLab, ISPs in the UAE have used tools such as SmartFilter and NetSweeper to
censor content. CitizenLab also found five installations of Blue Coat ProxySG in the countrys
network linked to Etisalat.31 Although YouTube, Facebook, Twitter, and international blog-hosting
services are freely available, controversial terms are often filtered from search results within these
sites.
The TRA, working with the Ministry of Communications, has also blocked five hundred search
terms.32 For example, a Twitter user reported that a web forum on atheism, offered on the popular
site Reddit, is blocked in the UAE.33 Specific searches on the photo-sharing website Flickr are also
filtered. In December 2012, searches for the Egyptian comedian and television host Bassem Youssef
resulted in a generic error message, leading Twitter users to speculate that this was a result of the
letters a-s-s appearing in the comedians first name. Etisalat responded to the criticism by
tweeting that users can submit a request for the content to be unblocked and provided a link to the
Contact Us page of the Etisalat website. The videos have since been unblocked.34 In September
2012, the controversial Innocence of Muslim film trailer was made inaccessible on YouTube.35 A
BBC report on detained Emirati activists was also blocked in July 2012, though access to other parts
of the BBC website was not affected.36
According to Herdict, the crowdsourcing tool that lets users report blocked content, internet users
from the UAE have reported several social, political, LGBTQ, and proxy sites blocked in their
country.37 For example, the Lebanese queer and feminist e-magazine Bekhsoos38 and the U.S.-based
Arab Lesbian e-magazine Bint El Nas are both blocked.39 Many websites displaying religious content
28
"UseofMostSecureBlackBerrySystemRestricted,BloggerArrested."ReportersWithoutBorders.April28,2011.
http://en.rsf.org/unitedarabemiratesuseofmostsecureblackberry28042011,40123.html
29
StuartTurton,"Dubaisdubiousinternetcensorship,"September6,2010,http://www.pcpro.co.uk/blogs/2010/09/06/dubais
dubiousinternetcensorship/
30
TriskaHamid,TelecomsrevenuesthreatenedbySkype,TheNational,April10,2013,
http://www.thenational.ae/business/industryinsights/telecoms/telecomsrevenuesthreatenedbyskype.
31
AppendixA:SummaryAnalysisofBlueCoatCountriesofInterest,CitizenLab,January15,2013,
https://citizenlab.org/2013/01/appendixasummaryanalysisofbluecoatcountriesofinterest/.
32
ReportersWithoutBorders."CountriesUnderSurveillance:UnitedArabEmirates,"accessedinJune25,2013,
http://en.rsf.org/surveillanceunitedarabemirates,39760.html
33
https://twitter.com/vbentley/status/326696995546882049
34
https://twitter.com/SultanAlQassemi/status/283315170598596608
35
DanielShane.AccesstoantiIslamfilmblockedinUAE.September18,2012.http://www.arabianbusiness.com/accessanti
islamfilmblockedinuae473462.html
36
https://twitter.com/ECHRIGHTS/status/230334658129321985
37
Herdict.QuickStats:UnitedArabEmirates.AccessedApril28,2013.http://www.herdict.org/explore/indepth?fc=AE
38
http://www.bekhsoos.com/web/
39
http://www.bintelnas.org/

are blocked, including the famous blog of atheist Emirati blogger Ben Kerishan40 and an Arab
Christian online forum named The Church Network.41
In the past two years, political content has been the focus of state censorship. Examples include the
Arab-American News website Arab Times,42 the secular pan-Arab online forum Modern
Discussion,43 and the California-based Arabic online newspaper Watan, all blocked in September
2012.44 A website disseminating news of the trial of 94 Emirati political detainees was also blocked
in 2013.45 The anonymous website UAE University Watch46 and UAE Prison, which exposes
violations against jailed expatriates, have both been blocked.47 Emaraty Bedoon, the blog of the
stateless individual Ahmed Abdulkhaleq who was deported to Thailand in July 2012 for his political
activism, is also blocked.48
Authorities continue to ban inactive sites such as the political forum UAE Hewar and the blogs
Secret Dubai Diary49 and UAE Torture.50 The latter posted a torture video taken in 2004 in
which a member of the ruling family was shown to have tortured an Afghan man. The suspect was
acquitted in 2010 in a case that was widely believed to be a show trial.51 A request to unblock UAE
Hewar was rejected by the Federal Supreme Court in July 2012, 52 and its Facebook page is also
blocked due to its criticism of the regime and state corruption.53 As part of a verdict, in which five
users were sentenced 7 to 15 years for violating the constitution and cooperating with foreign
political organizations (see Violations of User Rights), a court also ordered the blocking of five
websites that are already inaccessible in the country. These included the Emirates Media and
Studies Center (EMASC); The Seven Emirates, which focuses on the seven activists who had their
citizenship revoked for their political activities; the Watan news website; the Islah political group
website; and the Yanabeea.net educational network.54
Under the 2012 cybercrime law, website owners and employees may be held liable for any
violations occurring on their sites, including defamation charges.55 In May 2012, Dubai police
40
http://benkerishan.blogspot.com/
http://www.arabchurch.com/
42
http://www.arabtimes.com/
43
http://www.ahewar.org/
44
ANHRI.Kuwait:Newswebsiteblocked.March22,2012.http://beta1.anhri.net/en/?p=7521
45
TheArabicNetworkforHumanRightsInformation.UAE:ANHRIDenouncesBlockingaWebsiteAddresstheNewsofthe
Detainees.April18,2013.http://www.anhri.net/en/?p=12262
46
http://www.uaeuniversitywatch.net/
47
http://uaeprison.com/
48
http://www.emaratybedoon.blogspot.com/
49
http://secretdubai.blogspot.com/
50
http://www.uaetorture.com/
51
Mackey,Robert.AbuDhabiRoyalAcquittedinTortureTrial.January11,2010.
http://thelede.blogs.nytimes.com/2010/01/11/abudhabiroyalacquittedintorturetrial/
52
MagdyZahrelDine,AppealRejectedtoUnblockWebsite,AlKhaleej,5July,2011.
http://www.rakland.net/vb/showthread.php?t=7458
53
54
68membersofIslahjailedforterrorism,AlShahednewspaper,July3,2013.
http://www.alshahedkw.com/index.php?option=com_content&id=95366:68&Itemid=457
55
AwadMustafaandRamonaRuiz.CybercrimelawtofightinternetabuseandprotectprivacyintheUAE.November13,
2012.http://www.thenational.ae/news/uaenews/cybercrimelawtofightinternetabuseandprotectprivacyintheuae
41

succeeded in shutting down 15 accounts on Facebook and Twitter for defamation and abuse by
sending letters to both companies outlining the offenses committed under the UAE law.56 In a case
dating from July 2009, a court suspended the website and newspaper Al Emarat Al Youm for 20 days
for running a story about the doping of a race horse owned by two sons of the countrys
president.57
Decisions to block or remove online content often lack procedural transparency or judicial
oversight. The telecommunications company du details what criteria it used to block websites in a
document available on its website. Prohibited content includes information related to
circumvention tools, the promotion of criminal activities, the sale or promotion of illegal drugs,
dating networks, pornography, homosexuality, gambling, phishing, spyware, unlicensed VoIP
services, terrorism, and material that is offensive to religion. 58
No similar list was made available by Etisalat, although the company does have a space on its
website where users can request that a website be blocked or unblocked.59 In 2005, an Etisalat
spokesman stated that the company is not responsible for internet blocking and revealed that all
complaints and requests are passed on to the Ministry of Information. He also claimed that a list of
websites to be blocked is compiled by an American company and then implemented through a
proxy server.60 Apart from the previously mentioned unblocking of Bassem Youssefs videos,
incidents of users successfully unblocking a website are not known.61 Indeed, writing in an online
forum, users have noted that their requests to have websites unblocked did not receive any
response from companies.62
Local news websites, many of which are owned by the state, employ a large degree of selfcensorship in accordance with government regulations and unofficial red lines. Gulf News, The
National, and Emirates 24/7 are among the different online media outlets suffering such
restrictions. Nonetheless, since the regional uprisings of 2011, Emiratis have begun to tackle
sensitive issues more boldly over the internet, particularly on social media. Users express their
opinions, share information on arrests and trials, and even attempt to organize protests. However,
most users remain anonymous when criticizing state officials or religion out of fears of legal action
or harassment. While there is no available evidence to prove the governments involvement in
hiring public relations firms or bloggers to spread propaganda, a large number of anonymous
Twitter users appear dedicated to harass and intimidate political dissidents and their families online.
56
http://www.huffingtonpost.com/2012/05/21/dubaifacebooktwitteraccountsshutdown_n_1533633.html
ReportersWithoutBorders."NewspaperSuspendedfor20DaysOverstoryRaceHorse."July7,2009.
http://en.rsf.org/unitedarabemiratesnewspapersuspendedfor20days07072009,33730
58
Du,"ProhibitedContentCategories,"July29,2008.http://www.du.ae/Documents/Annex%201
IAM%20Regulatory%20Policy%20ver%201%200%2029July2008.pdf
59
Etisalat.BlockingandUnblockingInternetContent.AccessedonApril28,2013.
http://www.etisalat.ae/eportal/en/corporate/blockingunblocking.html
60
PiersGrimleyEvans."Etisalatdoesn'tblockwebsites,"GulfNews,July21,2005.
http://gulfnews.com/news/gulf/uae/media/etisalatdoesntblockwebsites1.294723
61
https://twitter.com/SultanAlQassemi/status/283315170598596608
62
ExpatForum,"DoyoueverrequestEtisalatorDutounblockwebsites?"March24,2011.http://bit.ly/18FPnVR.
57

In addition to the threat of harassment and prosecution, Emirati authorities also use financial means
to limit the ability of antigovernment websites to produce content online. For example, the
government reportedly pressured Dubai-based advertising agency Echo to end its advertising
contract with the U.S.-based news outlet Watan. A complaint was also allegedly submitted to the
FBI against the website, claiming it calls for the assassination of UAE rulers.63 Nonetheless, users
have access to a variety of local and international news outlets, even if there are disparate reports of
blocking specific UAE-related articles from these sites.64
Social media use has increased in recent years, in line with regional trends. Facebook recently hit
3.4 million users in the UAE, representing a penetration of 68 percent,65 while in 2013, 34 percent
of all users possessed a Twitter account.66 While the UAE did not witness protests on a scale similar
to its Arab neighbors, Emiratis created petitions calling for reforms and conducted online activism
to expose corruption and demand change. Currently, families of political prisoners rely on Twitter
to speak on behalf of detainees, explaining their cases, spreading information about violations to
their rights, and calling for their release. There are several examples of relatives who are active
online, including Mariam al-Mansouri,67 the wife of detained blogger Rashid al-Shamsi, and Aysha
al-Thufiri, the daughter of detainee Salih al-Thufiri.68 Social media networks have also proven
useful in non-political campaigns, such as fundraising attempts to provide support to Syrian
refugees.

The rights of online users in the UAE are not protected by law, nor are they respected in practice.
Several laws, including the penal code, publishing law, and cybercrime law, are commonly
exploited to deter free expression and violate the rights of users. There is a general feeling among
those who reside in the UAE that online tools are monitored and that surveillance is widely
practiced with little judicial oversight. Several prominent online activists and ordinary citizens were
detained in late 2012 and early 2013. In addition, this year saw numerous cases of torture, solitary
confinement, and physical harassment registered against users.
Article 30 of the countrys constitution states that Freedom of opinion and expressing it verbally,
in writing or by other means of expression shall be guaranteed within the limits of law.69
However, the judicial system in the Emirates lacks independence and prosecutions are often
63
ANHRI.UAEContinuesitsSeriousViolationsAgainsttheFreedomofOpinionandExpressionduetoBlockingWatan
Website.September24,2012.http://beta1.anhri.net/en/?p=9607
64
https://twitter.com/ECHRIGHTS/status/230334658129321985
65
UnitedArabEmiratesFacebookStatistics,Socialbakers,accessedApril20,2013.http://www.socialbakers.com/facebook
statistics/unitedarabemirates
66
AMEinfo.com"51%ofSaudiinternetusersareactiveTwitterusers:study."March13,2013.http://www.ameinfo.com/51
saudiinternetusersactivetwitter333929
67
https://twitter.com/MariamMansori
68
https://twitter.com/Aysha_75
69
U.A.ECabinet."ConstitutionofU.A.E."accessedJuly31,2013.http://uaecabinet.ae/en/UAEGovernment/Pages/UAE
Constitution.aspx#.UfqD6I21EwA[Arabic],ConstitutionoftheUnitedArabEmirates,Refworld.org,accessedAugust1,2013,
http://www.refworld.org/docid/48eca8132.html.

pursued for political reasons.70 In 2012, the president of the UAE appointed himself as head of the
judiciary, overtaking the position of the minister of justice.71 Human rights groups have
continuously criticized the UAE for violating the human rights of political detainees and failing to
provide them with fair and transparent trials. Instead, many are denied access to a lawyer, held
without cause for extended periods of time, or tortured.72 Furthermore, former detainees who
have since been pardoned73 are continually harassed and do not enjoy their full rights as citizens.74
Articles 8 and 176 of the penal code are used to punish public insults of the countrys top officials,
although these are widely used to prosecute any users that express a desire for political reform.75
Articles 70 and 71 of the 1980 publishing law prohibit criticism of the head of the state and of Islam
or any other religion.76 Defamation laws have been criticized by lawyers as all-encompassing and
clouded with many grey areas. The burden of proof is also upon the defendant. Penalties can be as
high as two years imprisonment or a fine of AED 20,000 ($5,444).77 In January 2011, the editor of
Hetta.com was fined and his website was blocked for a month after a court upheld a defamation suit
brought by the Abu Dhabi Media Company over defamatory and offensive user comments on the
website.78 In July 2011, Abu Dhabi police warned that spreading rumors through text messages
constitutes libel and can be punishable by up to three years in jail.79
A new cybercrime law was issued in November 2012, replacing an earlier decree from 2006 that
was criticized for being too vague.80 While the introduction of the law was fundamental in
providing a sounder legal basis to combat online fraud, money laundering, hacking, and other
serious cybercrimes, the law also criminalizes a wide range of online activity commonly accepted
within international norms. For example, hefty fines and jail sentences await users who engage in
online gambling, disseminate pornographic material, or violate another persons privacy through
posting their photograph or making statements about them online, regardless of the accuracy of the
accusations. Intermediaries, such as domain hosts or administrators, are also liable if their websites
are used to prompt riot, hatred, racism, sectarianism, or damage the national unity or social peace
70
HumanRightsWatch,UAE:InvestigateThreatsagainstUAE5,November25,2011,
http://www.hrw.org/news/2011/11/25/uaeinvestigatethreatsagainstuae5.
71
Emirates24/7,UAEtogivejudiciarygreaterautonomy,June27,2012.http://www.emirates247.com/news/emirates/uae
togivejudiciarygreaterautonomy201206271.464786
72
RoriDonaghy,TortureintheUnitedArabEmirates,HuffingtonPost.co.uk,September24,2012,
http://www.huffingtonpost.co.uk/roridonaghy/tortureintheunitedara_b_1908919.html.
73
HumanRightsWatch,"UAE:FreeSpeechUnderAttack:Harassment,Arrests,CriminalProsecutions,"January25,2012.
http://www.hrw.org/news/2012/01/25/uaefreespeechunderattack
74
SaraYasin,UAE5stillfacerestrictionsafterpardon,IndexonCensorship,accessedAugust1,2013,
http://www.indexoncensorship.org/2012/01/uae5mansoorstillfacerestrictionsafterpardonemirates/.
75
HumanRightsWatch,UAE:FreeSpeechUnderAttack,January25,2012.http://www.hrw.org/news/2012/01/25/uaefree
speechunderattack
76
PublicationsandPublishingLaw1980,accessedinJune25,2013,http://nmc.gov.ae/en/MediaLawsAndRegulation/4.pdf
77
KevinBrass,"Defamationlawskeeptheaggrievedquiet,"TheNational,November8,2011
http://www.thenational.ae/business/industryinsights/property/defamationlawskeeptheaggrievedquiet
78
79
AbdullaRasheed,"Misuseofinstantmessagingservicespunishablebylaw,"GulfNews,July26,2011
http://gulfnews.com/news/gulf/uae/crime/misuseofinstantmessagingservicespunishablebylaw1.843047
80
AwadMustafaandRamonaRuiz.CybercrimelawtofightinternetabuseandprotectprivacyintheUAE.November13,
2012.http://www.thenational.ae/news/uaenews/cybercrimelawtofightinternetabuseandprotectprivacyintheuae

or prejudice the public order and public morals.81 The cybercrime law also contains punishments
for offending the state, its rulers, and its symbols, or for insulting Islam and other religions. Calls to
change the ruling system are punishable by life imprisonment. Authorities have repeatedly warned
foreign nationals that they must also follow the countrys restrictive laws.82
Authorities regularly make use of these laws to prosecute Emirati citizens and residents for their
online activities. In July 2012, stateless blogger Ahmed Abdulkhaleq was forcibly deported from
the UAE to Thailand.83 Abdulkhaleq was one of the five detainees (the UAE 5) held in prison
from April to November 2011 for demanding reforms through writings on the blocked online
forum UAE Hewar. In May 2012, the UAE-born stateless man was given a Comoros passport, only
to be arrested the following day and given the choice to go into exile or remain in jail.84
In July 2012, five users were held for their online posts on Twitter and blogs. The detainees faced
charges of violating the constitution and cooperating with foreign political organizations.85 The
blogger Khalifa al-Nuaimi had previously written about the UAE 5 and had been consistently
threatened prior to his arrest.86 Rashid al-Shamsi had tweeted news of arrests and written blog
posts related to politics and free speech.87 Twitter user Musabeh al-Rumaithy was arrested for his
online writings in which he expressed support for the Islamist Islah party. He had been handed a
travel ban one month before his arrest.88 Similarly, Omran al-Radhwan had tweeted about the
UAE 5 detainees and wrote several posts promoting Islah and criticizing state violations of Shariah
law.89 Finally, Abdullah al-Hajri was arrested over the contents of his blog, in which he called for
more government action to combat public immorality.90 Al-Nuaimi, al-Shamsi, and al-Rumaithy
were sentenced to 10 years imprisonment in July 2013 for being a member of a banned
organization, while al-Radhwan and al-Hajri received 7 year sentences.91 The sentenced users were
part of a group of 68 activists set to serve 7 to 15 years in jail for the same charges.
In December 2012, 18-year-old blogger Mohammed Salem al-Zumer was arrested in the Emirate
of Sharjah.92 His online activities were found supportive of political detainees, including his uncle,
81
SeeFederalDecreeLawno.(5)of2012onCombatingCybercrimes,August13,2012,availableonlineat:
http://ejustice.gov.ae/downloads/latest_laws/cybercrimes_5_2012_en.pdf.
82
EmiratesNewsAgency,"NewUAEcybercrimelaws:Jailforindecentposts,"Emirates24/7,November14,2012,
http://www.emirates247.com/news/government/newuaecybercrimelawsjailforindecentposts201211141.482836
83
Aljazeera.UAEdeportsonlineactivisttoThailand.July16,2012.
http://www.aljazeera.com/news/middleeast/2012/07/2012716172114669177.html
84
SuzanneTrimel.UAEUrgedtoHaltArbitraryArrestsAfterBlogger'sForcedDeportation.Amnesty.AccessedinApril28,
2013.http://bit.ly/MtGmZv.
85
RoyGreenslade.UAEdetainsjournalistbloggers.25July2012.
http://www.guardian.co.uk/media/greenslade/2012/jul/25/unitedarabemiratespressfreedom
86
https://kalnuaimi.wordpress.com/
87
http://rashedalshamsi.blogspot.fr/
88
AnotherEmiratiactivistbannedfromTravel,Watan,June28,2012.http://bit.ly/19bVlBW.
89
http://omran83.tumblr.com/
90
http://alhajria.wordpress.com/
91
AmnestyInternational,"UAE:Grosslyunfairtrialofgovernmentcritics,"July2,2013.http://www.amnesty.org/en/news/uae
criticssentenced20130702
92
BBC.UAEauthorities'detain18yearoldblogger'.7December2012.http://bbc.in/VPHeYP.

Khaled al-Nuiami, who has come under torture since being held in July 2012.93 Al-Zumer faces
charges for editing and uploading videos supportive of political detainees and has yet to be tried.
According to his mother, 94 the blogger has been held in solitary confinement, tortured, and
pressured into making a confession stating that Khalifa al-Nuiami, another UAE94 defendant, had
encouraged him to edit and upload the videos.95 For his part, in September 2012 Khalifa al-Nuiami
had embarked on a hunger strike to protest against psychological and physical torture by police
officers.96
Saeed al-Shamsi was detained on December 14, 2012 over suspicions that he ran the anonymous
Twitter account Sout al-Haq (@weldbudhabi). The account was targeted over allegations that it
received leaked documents from the Interior Ministry, although the documents were never
published. After al-Shamsis arrest, the Sout al-Haq account sent a tweet in which he claimed the
authorities had arrested the wrong person. Al-Shamsis lawyer said that his defendant appeared
distressed and disoriented in court with signs of intimidation and torture.97 He was reportedly
released in March 2013. Two other users were also arrested for having messaged South al-Haq after
authorities reportedly hacked into the account. Only days after, five more Twitter users were
arrested for expressing political criticism and support for detainees.98
On April 8, 2013, Abdulhamid al-Hadidi was sentenced to ten months in jail for allegedly
spreading false information about the trial of the so-called UAE94, of which his father,
Abdulrahman al-Hadidi, is a member.99 Al-Hadidi had been active on social media by sharing news
from detainees and the details of their trials. He was also pushing detainees families to work
together to demand fair and transparent trials for the accused, as well as an end to state violations
against their rights to prison visits. He was charged under Article 46 of the cybercrime law and
Article 265 of the penal code.
By mid-2013, this had brought the total of number of political detainees to 94, including the 68
mentioned above.100 Many of the detainees are members of the Reform and Social Guidance
Association, better known as al-Islah, which seeks political reform and a greater adherence to Islam
in society. As mentioned, Islah members often engage in political debates online and seek to
93
DavidHearst,TheUAEsbizarre,politicaltrialof94activists,TheGuardian,March6,2013,
http://www.theguardian.com/commentisfree/2013/mar/06/uaetrial94activists.
94
ANHRIDemandstheSuspenseofAlZumersTrial,June3,2013.http://www.anhri.net/?p=77914
95
EmiratesCenterforHumanRights,Detained19yearoldEmriatiActivistAllegesTorture,May5,2013,
http://www.echr.org.uk/?p=701.
96
EmiratesCenterforStudies,AlNuaimiinbadhealth,September2,2012.http://twitmail.com/email/533078805/4/false
97
RoriDonaghy,"TortureintheUnitedArabEmirates,"HuffingtonPost,September24,2012.
http://www.huffingtonpost.co.uk/roridonaghy/tortureintheunitedara_b_1908919.html
98
BillLaw.Eightonlineactivists'arrestedinUAE'.December19,2012.http://www.bbc.co.uk/news/worldmiddleeast
20768205
99
UAE:Sonofdefendantsentencedto10monthsinprisonforreportingonUAE94trial,Alkarama,April11,2013,
http://en.alkarama.org/index.php?option=com_content&view=article&id=1073:uaesonofdefendantsentencedto10
monthsinprisonforreportingonuae94trial&catid=38:communiqu&Itemid=107.
100
CurrentPoliticalPrisoners,EmiratesCentreforHumanRights,August1,2013,http://www.echr.org.uk/?page_id=207.

document and disseminate information on human rights violations on social media.101 These
detainees face up to 15 years in jail for being part of an organization with intent to overthrow the
government and with ties to Egypts Muslim Brotherhood.102 Reacting to Egypts 2011
parliamentary elections, in which the Muslim Brotherhood gained the most seats out of any other
political party, Dubais chief of police tweeted that since Muslim Brotherhood has become a
state, anyone advocating its cause [in the UAE] is considered a foreign agent.103
Aside from arbitrary detentions, unfair prosecutions, and torture, online activists also face a range
of extralegal attacks in the UAE. In October 2012, blogger Ahmed Mansour faced media
harassment and physical beatings. The actions were taken in response to a pre-recorded speech he
made that was later broadcast at a side event to the United Nations Human Rights Council
regarding violations in the UAE, Oman, and Saudi Arabia.104
The high amount of prosecutions and physical harassment of users in the UAE is, in part, due to the
several obstacles they face in using ICT tools anonymously. In January 2013, the countrys two
mobile phone providers gave a last warning to their users to register their SIM cards or have their
lines cut for failing to comply.105 The government had required every mobile user to re-register
their information as part of the TRAs My Number, My Identity106 campaign launched in June
2012.107 Cybercafe customers are also required to provide their ID and personal information in
order to surf the net.108
Internet and mobile providers are not transparent in discussing the procedures taken by authorities
to access their data and users information. Warnings from both the Abu Dhabi and Dubai police
against spreading rumors through mobile messages may indicate the governments overall
surveillance on users.109 Further proving this, as previously mentioned, Twitter users were arrested
101
UAE:UnfairMassTrialof94Dissidents,Alkarama,April3,2013,
http://en.alkarama.org/index.php?option=com_content&view=article&id=1070:uaeunfairmasstrialof94
dissidents&catid=38:communiqu&Itemid=107.
102
LoriPlotkinBoghardt,InterpretingMuslimBrotherhoodVerdictsintheUAE,TheWashingtonInstitute,July1,2013,
http://www.washingtoninstitute.org/policyanalysis/view/interpretingmuslimbrotherhoodverdictsintheuae.
103
WafaIssa,MuslimBrotherhoodinvadingUAEsocialmedia:policechief,March9,2012,
http://www.thenational.ae/news/uaenews/muslimbrotherhoodinvadinguaesocialmediapolicechief.
104
GulfCenterforHumanRights,"UAE:AttacksandSmearCampaignagainstprominenthumanrightsdefenderAhmed
Mansoor,"October5,2013.http://gc4hr.org/news/view/250
105
NadeemHanif.DuandEtisalatbraceforUAEuserslastchancetoreregisterSimcard.January16,2013.
http://www.thenational.ae/news/uaenews/duandetisalatbraceforuaeuserslastchancetoreregistersimcard
106
TheTRAsstatementreads:Yourmobilephonenumberisanextensionofyouridentity.SharingorgivingawayyourSIM
Cardtootherscancauseunwantedconsequences,includingbeingheldaccountableforanyimproperconductormisuse
associatedwiththemobilephonesubscriptionbytheauthoritiesaswellasbeingliableforallchargesbythelicensees.
TelecommunicationsRegulatoryAuthority.MyNumberMyIdentity.AccessedApril28,2013.
http://www.tra.gov.ae/mynumber.php
107
NadeemHanif.EverymobilephoneuserintheUAEmustreregisterSIMcard.June28,2012.
http://www.thenational.ae/news/uaenews/everymobilephoneuserintheuaemustreregistersimcard
108
CitizenLab.PlanetBlueCoat:MappingGlobalCensorshipandSurveillanceTools.January15,2013.
https://citizenlab.org/2013/01/planetbluecoatmappingglobalcensorshipandsurveillancetools/
109 109
AbdullaRasheed,"Misuseofinstantmessagingservicespunishablebylaw,"GulfNews,July26,2011
http://gulfnews.com/news/gulf/uae/crime/misuseofinstantmessagingservicespunishablebylaw1.843047

for exchanging private messages with a controversial account in December 2012.110 Incidents of
providers demanding warrants or legal permissions for security bodies to gain access to user data
are not known. In 2009, the makers of BlackBerry devices alleged that a software update issued by
the UAE telecommunications company Etisalat was actually spyware used to enable unauthorized
access to private or confidential information stored on the user's smartphone.111
The UAE remains one of the top countries facing hacking attempts worldwide. The countrys spam
rate was recorded at 73 percent, and 46 percent of the countrys social networking users fell victim
to cybercrimes, compared to the global average of 39 percent.112 In July 2012, the TRA denied
claims of the hacktivist group Anonymous to have penetrated the country's proxy server and
extracted a list of blocked website addresses.113 Anonymous has posted a list of over 24,000 words
and links blocked in the UAE.114 Also that month, a group of UAE-based hackers defaced a website
of the Human Rights Commission of Pakistan (HRCP), apparently to warn Pakistani hackers against
engaging in cyberattacks against the UAE and other Gulf countries.115
Emirati activists have also reported spyware and malware attacks against their computers. In one
case from January 2013, a user received an e-mail purportedly containing a link to a video of the
Dubai police chief. Instead, the link contained spyware that could monitor the victims screen,
enable the computers webcam, steal passwords, and conduct keylogging. It was believed the
Emirati government was behind the attack.116
110
BillLaw.Eightonlineactivists'arrestedinUAE'.December19,2012.http://www.bbc.co.uk/news/worldmiddleeast
20768205
111
TomArnold,"BlackBerrypatchwasnotforspying,claimsEtisalat,"ArabianBusiness,23July,2009
http://www.arabianbusiness.com/exclusiveblackberrypatchwasnotforspyingclaimsetisalat15618.html
112
ArabianGazetter,"UAEtoFaceAdvancedCybercrimein2013,"December9,2012.http://arabiangazette.com/uaeface
advancedcybercrime2013/
113
MartinCroucher,"TelecomsregulatordeniesAnonymoushackedUAEnetfiltersystem,"TheNational,July8,2012.
http://www.thenational.ae/news/uaenews/telecomsregulatordeniesanonymoushackeduaenetfiltersystem
114
Anonymous,UAElisthttp://pastehtml.com/view/c336prjrl.rtxt
115
AlainHacker,"HRCPwebsitehacked,counterhackedByBozzErrOR&Gh()stH4x0r,"February28,2013.
http://www.alainhacker.com/2013/02/hrcpwebsitehackedcounterhackedby.html
116
BillMarczak,HackedWebsite,JavaVulnerabilityUsedtoTargetUAEActivistwithSpyware,BahrainWatch,January15,
2013,https://bahrainwatch.org/blog/2013/01/15/hackedwebsitejavavulnerabilityusedtotargetuaeactivistwithspyware/.
UNITED KINGDOM
2012

Total (0-100)
2013
FREE FREE
2
6
16
24
2
6
16
24


In an effort to protect children from harmful content, filtering on mobile phones is
enabled by default and has resulted in instances of over-blocking. In contrast, ISPs did
not block politically orientated content on household connections (see LIMITS ON
CONTENT).
Revisions to the Defamation Act provided greater legal protections for intermediaries
and reduced the scope for libel tourism (see LIMITS ON CONTENT and VIOLATIONS
OF USER RIGHTS).
The Protection of Freedoms Act of 2012 created new requirements to obtain judicial
approval prior to accessing online surveillance data, although revelations surrounding
the GCHQs Tempora program have since brought many of these protections into
doubt (see VIOLATIONS OF USER RIGHTS).
Several web users were prosecuted or fined for breaking court injunctions, violating
the privacy of crime victims, and committing libel using social networks (see
UNITED KINGDOM

The following chapter covers developments in the United Kingdom from May 1, 2012 to April 30,
2013. However, beginning in June 2013, British daily newspaper the Guardian published a series of
revelations on secret surveillance practices by the British General Communications Headquarters
(GCHQ) and American National Security Agency (NSA). Under the GCHQs Tempora program,
British authorities had entered into secret agreements with telecoms giants to install intercept probes on
undersea cables landing on British shores. The content of this data was then filtered and stored,
typically for three days, in order for GCHQ agents to comb through it for counterterrorism and law
enforcement. User metadata was stored in a GCHQ facility for 30 days. Furthermore, details
emerged surrounding close collaboration between the NSA and the GCHQ, including payments of at
least 100 million ($155 million) from the former to the latter. Since UK and U.S. laws place
protections on the monitoring of citizens, UK agencies were able to pass on information related to
American citizensand vice versathereby bypassing legal restrictions.
Given that this surveillance has been ongoing for a number of yearsincluding during the period
covered by this reportFreedom House has decided to include it in this edition of Freedom on the Net
(see Violations of User Rights).
INTRODUCTION
The United Kingdom was an early adopter of new information and communication technologies
(ICTs). The University of London was one of the first international nodes of the ARPAnet, the
worlds introductory operational packet switching network that later came to compose the global
internet, and the Queen sent her first ceremonial e-mail in 1976. Academic institutions began
connecting to the network in the mid-1980s. By the beginning of the next decade, internet service
providers (ISPs) emerged as more general commercial access became available.
The United Kingdom has high levels of internet penetration and online freedom of expression is
generally respected. During the past year, however, there has been an attempt by ministers to
introduce a new framework for monitoring and collecting online communications as part of the
Draft Communications Data Bill.1 In addition, there has been widespread concern that government
proposals to improve journalism co-regulation would result in new liability risks applying to blogs.2
While ongoing concerns about web filtering and blocking have continued, particularly on mobile
platforms, greater public concern has focused on surveillance of communications, particularly after
the June 2013 revelations of mass surveillance of web use, e-mail, and mobile traffic data. The
Communications Capabilities Development Programme was reintroduced in May 2012, which, if
implemented, would require providers to retain data on phone calls, e-mails, text messages and
The2012ratingfortheUKwasadjustedonthebasisofupdatedscoringguidelinestobestconveychangesovertime.
1
See,DraftCommunicationsDataBill,http://www.parliament.uk/draftcommunicationsbill/.
2
MichaelSavage,Bloggersfeartheycouldbesavagedbypresswatchdog,TheTimes,March20,2013,
http://www.thetimes.co.uk/tto/news/medianews/article3717799.ece.
UNITED KINGDOM

communications on social-networking sites, in addition to expanding the real time surveillance
capabilities of the security services in order to combat terrorism and organized crime.3 However,
following the recent leaks by former NSA contractor Edward Snowden, it appeared that the
existing surveillance operations were already testing the boundaries of what was permissible.
In a positive development, the government passed a bill to revise the Defamation Act, which
provides greater protections for ISPs through limiting their liability for user-generated content, as
well as reducing libel tourism.4 Additionally, the Protection of Freedoms Act of 2012 sets forth a
requirement for local authorities to obtain a magistrates approval for access to communications
data, thereby placing limits on their surveillance powers.5 The draft Communications Data Bill
keeps this requirement.6
OBSTACLES TO ACCESS
Access to the internet has become essential to citizenship and social inclusion in the United
Kingdom. The share of homes with connected devices has increased from 53 percent in 2002 to 82
percent in 2012,7 and internet penetration grew from 70 in 2007 to 87 percent in 2012.8 In
December 2010, the government committed to promoting universal access to basic broadband, but
progress to that goal remains stalled.9 The government set a further objective of ensuring
superfast broadband for 90 percent of households by 2015.10 The Broadband Delivery UK
program has made available 830 million ($1.32 billion) in funding for the project.11 Although
there remain significant numbers of people who for financial or literacy reasons are unable or
disinclined to subscribe, broadband is widely available, with nearly 100 percent of all households
within range of ADSL connections and 45 percent within reach of fiber optic cable.12 Superfast
connections are, for the most part, only available in major urban centers and not in rural areas.
Even where access is available, use and participation does not necessarily follow. In 2012, 22
percent of the UK adult population did not use the internet at home.13 Research by the British
3
DavidBarrett,Phoneandemailrecordstobestoredinnewspyplan,TheTelegraph,February18,2012,
http://www.telegraph.co.uk/technology/internet/9090617/Phoneandemailrecordstobestoredinnewspyplan.html.
4
See,ParliamentaryJointSelectCommitteeonDraftDefamationBill,DefamationBill201213(HCBill51),
http://services.parliament.uk/bills/201213/defamation.html.
5
ProtectionofFreedomsAct2012,http://www.legislation.gov.uk/ukpga/2012/9/contents/enacted.
6
DraftCommunicationsDataBill,http://www.parliament.uk/draftcommunicationsbill/.
7
Ofcom,TheConsumerExperienceof2012:ResearchReport(London:Ofcom,January2013),
http://stakeholders.ofcom.org.uk/binaries/research/consumerexperience/tce12/Consumer_Experience_Researc1.pdf.
8
IndividualsUsingtheInternet,InternationalTelecommunicationUnion,20002012,accessedAugust7,2013,
9
See,DepartmentforCulture,MediaandSport,ProposedChangestoSitingRequirementsforBroadbandCabinetsand
OverheadLinestoFacilitatetheDeploymentofSuperfastBroadbandNetworks,January2013.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/89449/CONDOC_fixed_bb.pdf.
10
Ibid.
11
DepartmentforCulture,MediaandSport,NextPhaseofSuperfastBroadbandPlansAnnounced,December2010.
https://www.gov.uk/government/news/nextphaseofsuperfastbroadbandplansannounced4.
12
Ofcom,TheConsumerExperienceof2012:ResearchReport.
13
ConsumerCommunicationsPanel,BridgingtheGap:SustainingOnlineEngagement,May2012,
http://www.communicationsconsumerpanel.org.uk/smartweb/research/bridgingthegap:sustainingonlineengagement.
UNITED KINGDOM

Communications Consumer Panel found that citizens with internet access may choose not to
participate if they lack technical understanding, lack adequate equipment, or are reluctant to submit
personal data.14 Those in the lowest income groups are significantly less likely to have home
internet subscriptions, and the gap has remained the same for the past several years. The share of
people over 65 with broadband access is significantly lower than that of all other age groups, but
the gap has been narrowing rapidly.15
Mobile telephone penetration is also universal, with a penetration rate of over 130 percent in
2012.16 Second-generation (2G) and third-generation (3G) networks are available in over 99
percent of all households. Overall household use of mobile broadband decreased from 17 percent
to 12 percent in 2012, and 6 percent of households use mobile broadband as their main internet
connection. From 2011 to 2012, the average cost of all mobile service packages increased 7 percent
to just over 9 pounds ($14) per month for a basic package and 43 for ($66) for an advanced
package that includes internet.17 The price of broadband declined 13 percent in the past four years
to about 16 ($24) per month18 while increasing in speed from 3.6 Mbps to an average of 12.0
Mbps.19
The government does not place limits on the amount of bandwidth ISPs can supply, and the use of
internet infrastructure is not subject to government control. ISPs regularly engage in traffic shaping
or slowdowns of certain services, such as peer-to-peer (P2P) file sharing and television streaming,
while mobile providers have cut back on previously unlimited access packages for smart phones,
reportedly because of concerns about network congestion. The Office of Communications
(Ofcom), the countrys telecommunications regulator, adopted a voluntary code of practice on
broadband speeds in 2008, which it updated in 2010.20 After holding a consultation on the
subject,21 Ofcom released a report in 2011 that called for a self-regulatory approach to network
neutrality focusing on information disclosure rather than enforceable rules.22 It described blocking
of services and sites by ISPs as highly undesirable but said that market forces will address possible
problems. In July 2012, the major ISPs published a Voluntary code of practice in support of the
open internet.23 The code commits ISPs to transparency and confirms that traffic management
practices will not be used to target and degrade the services of a competitor.
Nominet, the domain registrar in the United Kingdom that manages access to newly introduced
14
Ibid.
16
17
18
Ibid.
19
Ofcom,OverviewofUKBroadbandSpeeds,March14,2013.
20
Ofcom,2010VoluntaryCodeofPractice:BroadbandSpeeds,July27,2010,
http://stakeholders.ofcom.org.uk/telecoms/codesofpractice/broadbandspeedscop2010/codeofpractice/.
21
Ofcom,TrafficManagementand'netneutrality,'ADiscussionDocument,June24,2010,
http://stakeholders.ofcom.org.uk/consultations/netneutrality/.
22
Ofcom,Ofcomsapproachtonetneutrality,November11,2011,http://stakeholders.ofcom.org.uk/consultations/net
neutrality/statement/.
23
BroadbandStakeholderGroup,ISPslaunchOpenInternetCodeofPractice,July25,2012,
http://www.broadbanduk.org/2012/07/25/ispslaunchopeninternetcodeofpractice/.
15
UNITED KINGDOM

.uk, .wales, and .cymru domains, consulted on a new policy regarding the suspension of web
domains at the request of law enforcement bodies.24 The registrar had suspended thousands of
domains without a court order after receiving complaints from the police and other bodies for
alleged criminal and civil violations.25 Nominet was told that failure to remove the domains may
result in them being found criminally liable. Civil rights groups and ISPs expressed concerned about
a lack of due process and have demanded that court orders be required under any new policy.26
The UK provides a competitive market for internet access, and prices for communications services
compare favorably with those in other countries.27 Through local loop unbundling, a large number
of companies provide internet access on infrastructure provided mainly by British Telecom (BT)
and Virgin. BT, as the sole choice for many consumers, is dominant in the provision of wholesale
access. This is likely to continue with the rise of fiber to the cabinet and fiber to the home
services, which currently amount to around 40 percent of subscriptions. Four major ISPsBT,
Virgin, TalkTalk, and Skycontrol around 87 percent of the total market.28 ISPs are not subject to
licensing but must comply with the general conditions set by Ofcom, such as having a recognized
code of practice and being a member of an alternative dispute-resolution scheme.29 Ofcoms duties
include regulating competition among communications industries, including telecommunications
and wireless communications services. It is generally viewed as fair and independent in its
oversight.
LIMITS ON CONTENT
There is no general law authorizing internet censorship in the UK. At the same time, the UK does
operate a filtering system to block unlawful content, such as child pornography. Additionally, laws
such as the Protection of Children Act are used to prosecute individuals suspected of accessing or
circulating content relating to child abuse.30 Over the past years, these filtering tools have expanded
to include the blocking of content related to intellectual property violations and sites that promote
extremism and terrorism. Most recently, there have also been new developments to strengthen
parental controls in order to prevent children from viewing adult-oriented sites. These measures
24
UKpolicemaybegivendomainnamesuspensionpowers,OutLaw.com,September5,2011.http://www.out
law.com/en/articles/2011/september/ukpolicemaybegivendomainnamesuspensionpowers/;Nominet,Dealingwith
domainnamesusedinconnectionwithcriminalactivity,accessedMay21,2013,http://www.nominet.org.uk/how
participate/policydevelopment/currentpolicydiscussionsandconsultations/dealingdomainnames.
25
AccordingtoOpenRightsGroup,Nominethassaidthatthetakedownsareforcounterfeitgoodssites(83%),phishing
(9.6%),drugs(6.3%)andfraud(0.8%);JimKillock,Domainseizures,OpenRightsGroup(blog),May20,2011,
http://www.openrightsgroup.org/blog/2011/domainseizures.
26
Nominet,Nominetdirect.ukConsultation:ResponseAnalysis,accessedMay21,2013,
http://www.nominet.org.uk/sites/default/files/NomensaAnalysisFinal.pdf;JimKillock,ISPA,LINXandORGinsistonCourt
Ordersfordomainsuspensions,OpenRightsGroup(blog),November23,2011,
http://www.openrightsgroup.org/blog/2011/ispa,linxandorginsistoncourtordersfordomainsuspensions.
27
28
Ofcom,TheCommunicationsMarket2012,July18,2012,pp.313,availableat
http://stakeholders.ofcom.org.uk/binaries/research/cmr/cmr12/UK_5.pdf.
29
Ofcom,GeneralConditionsofEntitlement,accessedMay21,2013,http://stakeholders.ofcom.org.uk/telecoms/ga
scheme/generalconditions/.
30
See,ProtectionofChildrenAct2009,http://www.legislation.gov.uk/ukpga/1999/14/contents.
UNITED KINGDOM

have been most controversial in the realm of mobile devices, where filtering criteria can be
subjective and often result in the blocking of content that poses little threat to those under the age
of 18. Since these child filters are turned on by default, many mobile users navigate a web in which
some legitimate websites, such as those belonging to political groups or civil society organizations,
are blocked.
Under a voluntary code of practice adopted by the Internet Services Providers Association (ISPA)
in January 1999, British ISPs block sites flagged as harmful by the Internet Watch Foundation
(IWF), a British charity funded by ISPs and the European Union (EU).31 The IWF generates a
blacklist of unlawful content through a citizen hotline and investigations into allegedly criminal
content.32 Previously, the IWF also received reports on materials inciting hatred, but that has since
been moved to TrueVision, a new police-run website.33 The CleanFeed filtering system, developed
by BT and the IWF, blocks access to any images or websites listed in the IWF database. While ISPs
are not required to implement the IWF blocking list,34 the overwhelming majority of ISPs do so.
Furthermore, in 2010 the Home Office adopted rules that prohibit government bodies from
procuring services from ISPs that do not use the list.35 Consumer awareness of CleanFeed remains
very low and the list of blocked sites remains secret in order to deter access to unlawful materials.
In addition to child pornography and hate sites, the government has also taken a proactive approach
in limiting access to websites that have been found in violation of copyright protections. There have
been a number of cases in which courts have ordered websites, such as Newzbin and the Pirate Bay,
to be blocked for copyright infringement36 and to have their domain names seized based on the
Copyright, Designs and Patents Act and other laws.37 The CleanFeed system has been adapted to
enable ISPs to enforce the blocks and the list of URLs is steadily growing.38 The Digital Economy
Act (DEA) of 2010 stipulates that websites found to have substantial violations of copyright can be
blocked by a court order. However, a review mandated by the government and conducted by
Ofcom determined that those particular blocking provisions are unlikely to be effective.39
31
InternetServicesProvidersAssociation,ISPACodeofPractice,accessedAugust20,2012,http://www.ispa.org.uk/about
us/ispacodeofpractice/.
32
TheInternetWatchFoundation(IWF)websiteislocatedathttp://www.iwf.org.uk/.
33
Homepage:http://www.reportit.org.uk/home.See,IWF,IncitementtoracialhatredremovedfromIWFsremit,April11,
2011,http://www.iwf.org.uk/aboutiwf/newss/post/302incitementtoracialhatredremovedfromiwfsremit.
34
ChrisWilliams,HomeOfficeBacksDownonNetCensorshipLaws,TheRegister,October16,2009,
http://www.theregister.co.uk/2009/10/16/home_office_iwf_legislation/.
35
BenLeach,Banforinternetprovidersfailingtoblockchildsexsites,TheDailyTelegraph,March10,2010.
http://www.telegraph.co.uk/technology/facebook/7411020/Banforinternetprovidersfailingtoblockchildsexsites.html.
36
DramaticoEntertainmentLtdandothersv.BritishSkyBroadcastingLtdandothers[2012]EWHC1152(Ch)(May2,2012);
TwentiethCenturyFoxFilmCorporationandothersv.BritishTelecommunicationsplc[2011]EWHC2714(Ch)(October26,
2011).
37
MattWarman,SeriousOrganisedCrimeAgencyclosesdownrnbxclusive.comfilesharingwebsite,TheTelegraph,February
15,2012,http://www.telegraph.co.uk/technology/internet/9084540/SeriousOrganisedCrimeAgencyclosesdown
rnbxclusive.comfilesharingwebsite.html.
38
TheUKsHighCourthasalsoorderedISPstoblockKickassTorrents,H33T,andFenopy,
39
Ofcom,SiteBlockingtoreduceonlinecopyrightinfringement,May27,2011,
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/78095/Ofcom_SiteBlocking
_report_with_redactions_vs2.pdf.
UNITED KINGDOM

A new initiative to revise the Communications Act of 2003 is expected to be announced later in
2013, which may result in substantial changes to these and other provisions that were adopted
through the DEA. The government also initiated a review of intellectual property law in 2011,
releasing a report which recommended significant changes to the law, including an explicit
exemption for parody, which only partially exists in case law now.40 The government endorsed the
reviews conclusions and has consulted on and passed laws to implement its recommendations.41 In
March 2013, the Intellectual Property Office also launched a mediation service to assist in resolving
intellectual property disputes.42 (See Violation of User Rights for more information on laws
related to the prosecution of users).
In addition, the government has increased its efforts to limit access to extremist materials on the
internet.43 The Terrorism Act of 2006 allows for the takedown of terrorist material hosted in the
United Kingdom if it glorifies or praises terrorism, is information that could be useful to
conducting terrorism, or urges people to commit or help with terrorism.44 ISPs reportedly take
down material when contacted by the authorities, though statistics released by ISPs appear to be
unverifiable and informal.45 A new Counter Terrorism Internet Referral Unit (CTIRU) was set up
in 2010 to investigate internet materials, and as of March 2013, the unit reported that it had
successfully taken down 4,000 URLs that breach UK terrorism legislation.46 The government
released a revised Prevent Anti-Terrorism Strategy in 2011, which calls for limiting access to
extremist materials in schools and public libraries and more efforts to remove harmful content
from the internet.47 The strategy also involves sharing unlawful websites for inclusion in
commercial filtering products.48
There has also been increased public debate about imposing measures that would more effectively
prevent children from accessing adult-oriented material on the internet. The four largest ISPs
announced in 2011 that they were offering systems allowing users to filter adult materials at the
40
IntellectualPropertyOffice,DigitalOpportunity:AreviewofIntellectualPropertyandGrowth,May2011,
http://www.ipo.gov.uk/ipreview;Seealso,Parody,pastiche&caricatureEnablingsocialandcommercialinnovationinUK
copyrightlaw,ConsumerFocus,July2011,http://www.consumerfocus.org.uk/files/2012/11/ConsumerFocusParody
briefing.pdf.
41
See,IntellectualPropertyOffice,ImplementingtheHargreavesreview,accessedMay25,2013,
http://www.ipo.gov.uk/types/hargreaves.htm.
42
IntellectualPropertyOffice,MediationofIntellectualPropertyDisputesandIPOMediationService,March2013,
http://www.ipo.gov.uk/ipenforce/ipenforcedispute/ipenforcemediation.htm.
43
See,HomeAffairsCommittee,MPsurgeinternetproviderstotackleonlineextremism,February6,2012.
http://www.parliament.uk/business/committees/committeesaz/commonsselect/homeaffairscommittee/news/120206rvr
rptpublication/.
44
TerrorismAct2006(c.11),3,availableatOfficeofPublicSectorInformation,
http://www.legislation.gov.uk/ukpga/2006/11/contents;See,Reportingextremismandterrorismonline,DirectGov,
http://www.direct.gov.uk/en/CrimeJusticeandtheLaw/CounterTerrorism/DG_183993.
45
See,e.g.,GoogleTransparencyReport,RemovalRequests,accessedMay27,2013,
http://www.google.com/transparencyreport/removals/government/.
46
HomeOffice,CONTEST:TheUnitedKingdomsStrategyforCounteringTerrorism:AnnualReport,March2013,
https://www.gov.uk/government/publications/contestannualreport2012.
47
HomeOffice,PreventStrategy,June2011,http://www.homeoffice.gov.uk/publications/counter
terrorism/prevent/preventstrategy/preventstrategyreview?view=Binary.
48
HomeOffice,CONTEST:TheUnitedKingdomsStrategyforCounteringTerrorism:AnnualReport.
UNITED KINGDOM

ISP level and issued a code of practice aimed at educating consumers about parental controls.49 In
June 2011, the Department of Education sponsored a review, which recommended that ISPs
provide an active choice to parents to limit childrens access to adult materials.50 While the
government opposed the use of default filtering, it asked ISPs to encourage their subscribers to
make an active choice to switch on parental controls if children are in the household.51 By the end
of 2013, the four major ISPs will also implement a system that automatically e-mails account
holders when those parental controls are changed.52 Regulators also launched the ParentPort
website in October 2011 to receive complaints about materials unsuitable for children across all
forms of media and to provide a resource for parents for tips on house to use parental controls.53
With the rapid rise of mobile access to the internet, the issue of mobile filtering has become
increasingly controversial. Due to concerns over the unsupervised use of data-enabled mobile
phones by children under the age of 18, mobile internet subscriptions are sold to customers with
child filters enabled by default and, depending on the provider, require either the disabling of the
filters or a deliberate opt-in to adult content. Customers can verify their age and remove the
filters by contacting their provider with proof of age such as payment details. Blocked content
includes pornography, so-called hate sites, and in some cases, web forums that could potentially
allow minors to interact with older users.54 The practice is conducted in accordance with a 2004
code of conduct established by the Mobile Broadband Group (MBG), consisting of the providers
Vodafone, Three, EE, and O2.55 In turn, the Independent Mobile Classification Body (IMCB),
appointed by the MBG, sets the criteria for which websites are deemed to be unsuitable for
children under the age of 18. However, the process has been criticized by the Open Rights Group
(ORG) as subjective, insufficiently transparent, and generally problematic.
The ORG, in collaboration with the London School of Economics (LSE) Media Policy Project,
created the website Blocked.org.uk to allow users to report cases of over-blocking, in which
mobile phone providers blocked access to content that poses little or no threat to child welfare,
including civil society and political websites. The ORG-LSE report found that websites as diverse as
Tor, eHow.com, the French digital rights advocacy group La Quadrature du Net, a website
critical of alleged BBC bias, and a community website for the town of St. Margarets in Middlesex
were all blocked. The website of the British National Party, an extreme right-wing political
organization, was also blocked. It was classified as a hate site by O2, the only provider that
49
CodeofPracticeonParentalControlsBT,TalkTalk,VirginMediaandSky,VirginMedia,October28,2011,
http://mediacentre.virginmedia.com/imagelibrary/downloadMedia.ashx?MediaDetailsID=1245.
50
UpdateontheimplementationofLettingChildrenbeChildren,DepartmentforEducation,April26,2012,
http://www.education.gov.uk/childrenandyoungpeople/healthandwellbeing/b0074315/baileyreview.
51
DepartmentofEducation,TheGovernmentsresponsetotheconsultationonparentalinternetcontrols,December2012,
http://www.education.gov.uk/ukccis/news/a00218633/parentalinternetcontrolsconsultation.
52
See,UnitedKingdomCouncilforChildInternetSafety,ExecutiveBoardNotesFebruary2013,accessedMay24,2013,
http://www.education.gov.uk/ukccis/about/b0076378/executiveboard.
53
Homepage:http://www.parentport.org.uk/.
54
SeeareportpublishedbyLSE/OpenRightsGrouphttp://www.openrightsgroup.org/assets/files/pdfs/MobileCensorship
webwl.pdfandadiscussionhere:http://blogs.lse.ac.uk/mediapolicyproject/2012/05/17/responsetomobilecensorship
reportmobilefixedinternetaredifferent/
55
WhoWeAre,MobilePhoneGroup,accessedSeptember3,2013,
http://www.mobilebroadbandgroup.com/whoweare.htm.
UNITED KINGDOM

operates a URL checker page to look-up how a given website is classified.56 The owners and
operators of websites are not notified that they have been blocked and it is not clear from mobile
providers what process they must go through to request to be unblocked.57
Similarly, the filtering system for fixed-line connections has encountered its own faults. On several
occasions, due to technical difficulties at the ISP level, blocking decisions designed to prevent access
to harmful content also temporarily disabled users from accessing popular sites such as Wikipedia.58
In 2011, the IWF identified a single URL at the popular cloud server site Fileserve to be blocked;
however, due to technical problems, BT and Virgin subscribers were prevented from using the
entire service for several days.59
Finally, under the EU 2002 E-Commerce Directive, hosts can be held liable if they are found to
have had knowledge of illicit material, including defamatory content, but have failed to remove it.60
This caused hosting companies to quickly take down material when asked, with little inquiry as to
the legitimacy of the demand.61 In April 2013, the government updated the Defamation Act, which
now provides greater protections for ISPs by limiting their liability for user-generated content.62
(For more on UK libel law and the issue of libel tourism, please see Violation of User Rights.)
Following the revelation of phone hacking practices by journalists and news organizations, the
government launched an inquiry into press ethics.63 The government is currently seeking to
promote a stronger scheme for self-regulation that encompasses traditional news platforms as well
as news websites. To encourage participation, publishers that join a self-regulatory body receive
greater protection from punitive damages.64 Publishers that decline to join, including news blogs,
remain exposed to punitive damages if the publication features multiple authors and is subject to
editorial control. There are exceptions to punitive damages exposure for certain types of
publishers, including broadcasters, personal blogs, and special interest publications. While barriers
to entry in news markets remain theoretically very low, the reality is that recent years have seen a
consolidation of online news into a smaller number of providers, with large providers such as News
56
TomBrewster,O2BlocksBNPWebsiteasHateSite,TechWeekEurope,May18,2012,
http://www.techweekeurope.co.uk/news/o2blocksbnpwebsiteashatesite78653.
57
PeterBradwell,GemmaCraggs,AlessandraCappuccini,andJoanaKamenova,MobileInternetcensorship:Whatshappening
andwhatwecandoaboutit,OpenRightsGroupandtheLSEMediaPolicyProject,May2012,availableat
http://www.openrightsgroup.org/assets/files/pdfs/MobileCensorshipwebwl.pdf.
58
WikipediaChildImageCensored,BBCNews,December8,2008,http://news.bbc.co.uk/2/hi/uk_news/7770456.stm.
59
UKISPBlockofFileserveSiteBlamedonInternetWatchFoundationFilter,ISPreview,November19,2011.
60
ElectronicCommerce(ECDirective)Regulations2002(SI2002/2013).See,MetropolitanInternationalSchoolsLtdv.(1)
DesigntechnicaCorporation(2)GoogleUKLtd&(3)GoogleInc[2009]EWHC1765(QB)(searchenginenotliableforexcerpts);
Buntv.Tilly[2006]EWHC407(QB)(ISPnotliableifjustprovidesconnection);TwentiethCenturyFoxFilmCorporationv.
Newzbin[2010]EWHC608(Ch)(companythatprovidesindexingofcopyrightedfilesliable);Kaschkev.Gray&Anor[2010]
EWHC690(QB)(hostthatmoderatesusercommentsliable).SeealsoElectronicCommerceDirective(HatredagainstPersons
onReligiousGroundsortheGroundsofSexualOrientation)Regulations.
61
SaskiaWalzel,EuropeanCommissionConsultsonNoticeandTakedown,MediaPolicyProject(blog),August24,2012,
http://blogs.lse.ac.uk/mediapolicyproject/2012/08/24/europeancommissionconsultsonnoticeandtakedown/.
62
63
TheReportintotheCulture,PracticeandEthicsofthePress,November29,2012,
http://www.levesoninquiry.org.uk/about/thereport/.
64
See,Section41,CrimeandCourtsAct2013,http://www.legislation.gov.uk/ukpga/2013/22/contents/enacted.
UNITED KINGDOM

International and Associated Newspapers, as well as the publicly-owned BBC, garnering more
control over online news markets.65 Evidence taken from the Leveson Inquiry revealed that there
were close links between these news providers and government actors.
Users in the United Kingdom continue to enjoy wide access to free or low-cost blogging services,
allowing them to express their views on the internet. Users and nongovernmental organizations
also employ various forms of online communication to organize political activities, protests, and
campaigns. Civil society organizations maintain a significant presence online and have used internet
platforms to promote various causes. For example, organizations such as Avaaz66 and 38 Degrees
have millions of members who use social media to campaign successfully on issues.67 An online
petition against UK libel laws received over 60,000 signatures, including support from numerous
high profile public figures. The Libel Reform Campaign, the joint project by the Index on
Censorship, English PEN, and Sense About Science, successfully campaigned for changes in the
libel laws that were introduced in April 2013.68
However, there have been discussions about whether it is appropriate to limit access to social media
if necessary to prevent violence. Following the London riots in 2011, Prime Minister David
Cameron and other public officials suggested a need to prevent individuals from using social media
sites such as Twitter and Facebook for the purposes of organizing public disorder. The government
backed away from the statement after public and industry protests, and no specific steps were ever
taken that would restrict use of social media.69

The United Kingdom has no written constitution or comprehensive bill of rights. The European
Convention on Human Rights is incorporated into UK law through the Human Rights Act of 1998,
and British courts have increasingly recognized freedom of expression and other human rights.
Over the past year, a new graduated response scheme was introduced by Ofcom in a bid to combat
online piracy. Changes to the Defamation Act have also resulted in more protections for
intermediaries and defendants, while seeking to reduce libel tourism. Despite these increasing
protections, several users were fined for a range of posts on social media, an issue which the public
prosecutor has looked to re-examine. In total, there were 653 criminal charges filed against Twitter
and Facebook users in England and Wales during 2012.70 Finally, leaked documents concerning the
Tempora program and UK collaboration with U.S. intelligence agencies have brought new
65
SeetheOpenSocietyFoundationMappingDigitalMediaUKReport
http://www.opensocietyfoundations.org/reports/mappingdigitalmediaunitedkingdom.
66
See,http://www.avaaz.org/.
67
See,CurrentCampaigns,38Degrees(blog),accessedMay27,2013,http://www.38degrees.org.uk/campaigns.
68
See,TheLibelReformCampaign,http://www.libelreform.org/index.php,accessedJune24,2013.
69
PMstatementondisorderinEngland,TheofficialsiteoftheBritishPrimeMinistersOffice,August11,2011,
http://www.number10.gov.uk/news/pmstatementondisorderinengland/;Englandriots:Governmentmullssocialmedia
controls,BBCNews,August11,2011.http://www.bbc.co.uk/news/technology14493497.
70
BrianWheeler,Twitterusers:Aguidetothelaw,BBCNewsMagazine,February26,2013,
http://www.bbc.co.uk/news/magazine20782257.
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information to light on the governments widespread surveillance of ICTs for counterterrorism and
law enforcement purposes. Privacy groups have criticized the measures as disproportionate and
lacking legal oversight.
After much controversy, the Digital Economy Act (DEA) was adopted in April 2010.71 The DEA
grants the government the power to impose rules on ISPs, such as monitoring and notifying their
users after they receive information or reports containing evidence of infringement, even if these
allegations are not proven in a court or independent hearing. If surveys and data indicate that this
does not result in an overall reduction of infringement in the UK, the DEA provides for a second
phase that allows the government to authorize technical measures, such as limiting access speeds
and cutting off access altogether. The ISPs BT and TalkTalk, together with free expression and
consumer groups, filed a legal challenge to the DEA in 2010.72 However, the High Court rejected
most of the challenge in April 201173 and the decision was upheld by the Court of Appeal in March
2012.74
In June 2012, communications regulator Ofcom published an Obligations Code, which specifies
when and how ISPs will issue warning notices to their customers who are thought to be illegally
accessing copyright-protected material.75 The code provides for a graduated response, where ISPs
must monitor IP addresses and send notifications to users of possible copyright infringement. After
a user receives three notifications in a year, copyright owners may request users personal details
and initiate legal action against them. The code allows customers to appeal any such allegation for a
20 ($31) fee. The cost has been criticized as unjust,76 particularly given the courts skepticism
about the reliability of identifying infringers using IP addresses.77
Ofcom clarified in June 2012 that only those ISPs providing service to over 400,000 broadbandenabled lines are required to implement the graduated response scheme explained above.78
Therefore, most libraries and providers of wireless hotspots would not be obligated to monitor and
notify users. Additionally, the technical measures phase of the DEA cannot be initiated until the
71
TheDigitalEconomyAct2010(c.24),availableatOfficeofPublicSectorInformation,accessedMay25,2013,
http://www.opsi.gov.uk/acts/acts2010/ukpga_20100024_en_1.
72
ISPsTakeDigitalEconomyActtotheCourts,OutLaw.com,July8,2010,http://www.out
law.com/default.aspx?page=11211;SkeletonArgumentonBehalfofConsumerFocusandARTICLE19,ARTICLE19,March10,
2011.http://www.article19.org/data/files/pdfs/submissions/skeletonargumentonbehalfofconsumerfocusandarticle
19.pdf.
73
BritishTelecommunicationsPlc&Anor,R(ontheapplicationof)v.TheSecretaryofStateforBusiness,InnovationandSkills
[2011]EWHC1021(Admin)(April20,2011).Seealso,DramaticoEntertainmentLtd&OrsvBritishSkyBroadcastingLtd&Ors
[2012]EWHC268(Ch)(February20,2012);DramaticoEntertainmentLtd&OrsvBritishSkyBroadcastingLtd&Ors[2012]
EWHC1152(Ch)(May2,2012).
74
BritishTelecommunicationsPlc,R(ontheapplicationof)v.BPI(BritishRecordedMusicIndustry)Ltd&Ors[2012]EWCACiv
232(March6,2012).
75
Ofcom,OnlineInfringementofCopyrightandtheDigitalEconomyAct2010NoticeofOfcomsproposaltomakebyordera
codeforregulatingtheinitialobligations,June26,2012,http://stakeholders.ofcom.org.uk/consultations/infringement
notice/.
76
O2disclosurerulingcouldimpactonworkingsofimminentnewantipiracycode,campaignerssay,OutLaw.com,March
29,2012,http://www.outlaw.com/en/articles/2012/march1/o2disclosurerulingcouldimpactonworkingsofimminent
newantipiracycodecampaignerssay/.
77
See,GoldenEye(International)Ltd&Anorv.TelefonicaUKLtd[2012]EWHC23(Ch)(March26,2012).
78
Ofcom,OnlineInfringementofCopyrightandtheDigitalEconomyAct2010.
UNITED KINGDOM

Obligations Code is in force for 12 months.79 Delays in implementation of the Code have made it
unlikely that ISPs will be required to take these measures earlier than 2015.80
In recent years, threats of libel suits were causing significant chilling effects on both content
producers and ISPs, particularly due to the heavy financial and evidentiary burden on defendants.81
This worsened due to an increase in libel tourism, a practice in which foreign litigants with little
or no connection to the country exploit the ubiquity of online content to invoke plaintiff-friendly
English libel laws against their critics.82 In a positive sign, updates to the Defamation Act passed in
April 201383 place restrictions on libel tourism by requiring claimants to show that, of all the places
in which the statement has been published, England and Wales are clearly the most appropriate
places in which to bring legal action.84 The act also codifies defenses of truth, honest opinion,
and publication on matters of public interest.
Nonetheless, there has also been an increased use of libel law for offending Twitter posts, with
some cases resulting in substantial damages. In April 2013, it was reported that a British woman
was being sued by a Qatari company for defamatory tweets. The dispute arose after the woman
took to Twitter to complain of an outstanding payment of 146 ($226), and later 25 ($39), for
services rendered. If found guilty, the woman could be ordered to pay up to 120,000 ($186,000)
in libel damages.85
In addition to questions surrounding intellectual property enforcement and libel, the government
has taken strong measures against users who post or download information perceived as a security
threat. General laws such as the Public Order Act and the 2003 Communications Act are
increasingly being used to charge individuals with crimes for posting threatening or harassing
materials on the internet. For example, Paul Chambers had been convicted in 2010 under Section
127 of the Communications Act of 2003, which prohibits sending by means of a public electronic
communications network a message or other matter that is grossly offensive or of an indecent,
obscene or menacing character.86 Chambers had used Twitter to express dismay at the closing of
the local airport, jokingly writing that he would blow up the airport if it did not reopen within a
week.87 The High Court overruled his conviction in July 2012, finding that the statement was not
one of a menacing character.88
79
TheDigitalEconomyAct2010(c.24),section10(2).
PeterBradwell,EvenmoredelaystotheDigitalEconomyAct,OpenRightsGroup(blog),February4,2013,
http://www.openrightsgroup.org/blog/2013/evenmoredelaystothedigitaleconomyact.
81
Section1,DefamationAct1996;seeJoGlanvilleandJonathanHeawood,eds.,FreeSpeechIsNotforSale:TheImpactof
EnglishLibelLawonFreedomofExpression(London:IndexonCensorship/EnglishPEN,2009),http://bit.ly/8bC7BX.
82
LibelTourism:WritLarge,TheEconomist,January8,2009,
http://www.economist.com/world/international/displaystory.cfm?story_id=12903058.
83
84
DefamationAct2013(c.26).
85
LesleyKempfaceslibelsuitoverTwittercomments,BBCNews,April22,2013,http://bbc.in/14CqEnO.
86
Section127,CommunicationsAct2003,http://www.legislation.gov.uk/ukpga/2003/21/section/127.
87
DavidAllenGreen,PaulChambers:ADisgracefulandIlliberalJudgment,JackofKent(blog),May11,2010,
http://jackofkent.blogspot.com/2010/05/paulchambersdisgracefulandilliberal.html.
88
ChambersvDirectorofPublicProsecutions[2012]EWHC2157(QB),July27,2012.
80
UNITED KINGDOM

In December 2012, the Director of Public Prosecutions launched a three-month consultation on
guidelines for prosecuting cases involving communications sent via social media. The proposed
guidelines include robust prosecution of communications that may be perceived as credible threats,
specifically target an individual or individuals, or amount to a breach of a court order.89 In contrast,
communications that are offensive, indecent, obscene, or false, are unlikely to be subject to
prosecution.90 Article 19, a human rights organization that focuses on promoting freedom of
expression, welcomed the guidelines but cautioned that they could still leave room for abuse of
prosecutorial discretion.91
Speaking in June 2011, the Attorney General stated that social media users who violate court
injunctions, such as those that aim to prevent the publication of information about pending court
cases in which one of the parties is not named, could face criminal charges for contempt of court.92
For example, legal proceedings were reportedly launched in February 2013 against several online
users for publishing photos of a convicted killer, despite a court injunction to ban the publication of
anything which could reveal the killers identity.93 In a similar case from late 2012, nine users were
each ordered to pay a fine of 624 ($967) for revealing the identity of a rape victim over social
networks. According to the 1992 Sexual Offences Act, victims and alleged victims of rape have a
right to anonymity.94 Social media users can also face punishments from their employers for
statements made online. A police officer was forced to resign after posting a series of tweets
celebrating the death of the late prime minister Margaret Thatcher.95
There is continued concern about surveillance as authorities have increasingly used or misused the
powers granted under the Regulation of Investigatory Powers Act (RIPA).96 The law covers the
interception of communications; the acquisition of communications data, including billing data;
intrusive surveillance, such as on residential premises or in private vehicles; covert surveillance in
the course of specific operations; the use of covert human intelligence sources like agents,
informants, and undercover officers; and access to encrypted data. A Secretary of State may also
require that communications providers maintain interception capabilities, including systems to
record internet traffic on a large scale. Under current rules, RIPA allows national government
agencies and over 400 local bodies to access communication records for a variety of reasons, from
national security to tax collection. Orders for interception and access to the content of
89
Interimguidelinesonprosecutingcasesinvolvingcommunicationssentviasocialmedia,DirectorofPublicProsecutions,
December19,2012,http://www.cps.gov.uk/consultations/social_media_consultation.html.
90
Interimguidelinesonprosecutingcasesinvolvingcommunicationssentviasocialmedia,DirectorofPublicProsecutions.
91
Article19,UK:Socialmediaguidelinesforprosecutorswelcomedbutpracticalapplicationremainstobeseen,Dec.19,
2012,http://www.article19.org/resources.php/resource/3569/en/uk:socialmediaguidelinesforprosecutorswelcomedbut
practicalapplicationremainstobeseen.
92
TaraConlan,Twitteruserswhobreachinjunctionsrisklegalaction,warnsattorneygeneral,Guardian,June7,2011,
http://www.guardian.co.uk/media/2011/jun/07/twitterusersinjunctionslegalaction.
93
BrianWheeler,Twitterusers:Aguidetothelaw,BBCNewsMagazine,February26,2013,
http://www.bbc.co.uk/news/magazine20782257.
94
PressAssociation,ChedEvansRapeCase:TwitterUsersWhoNamedVictimFined624EachinLandmarkCase,November
5,2012,HuffingtonPostUK,http://www.huffingtonpost.co.uk/2012/11/05/chedevanstwitterusersfined_n_2077186.html.
95
Thatcher:PolicemanQuitsOverTweets,SkyNews,April12,2013,http://news.sky.com/story/1077308/thatcher
policemanquitsovertweets.
96
Seegenerally,theExplanatoryNotestoRegulationofInvestigatoryPowersAct,accessedJanuary2009,
http://www.legislation.gov.uk/ukpga/2000/23/notes/contents.
UNITED KINGDOM

communications require approval from a Secretary of State, such as the Home Secretary or Foreign
Secretary. In 2011, there were 494,078 requests for communications data from telephone
companies (including mobile phone service providers) and ISPsa decrease of 11 percent from the
previous year.97 According to the Interception Commissioner, there were nearly 900 instances
where records were incorrectly obtained by authorities and two persons were incorrectly detained
based on mistakes in the communications data.98
According to amendments to RIPA that were introduced through the Protection of Freedoms Act,
local authorities must acquire the approval of a magistrate in order to access communications
data.99 The act, approved on May 1, 2012, seemingly imposed important limits on surveillance
powers. However, from June 2013 onwards, details have emerged over the secret surveillance
practices of the Government Communications Headquarters (GCHQ), often in collaboration with
the National Security Agency (NSA) of the United States. These revelations indicate that a
significant amount of surveillance is currently taking place outside of this particular legal
framework.
Through a series of leaks obtained by the Guardian newspaper, it was revealed that the GCHQ has
been conducting a secret surveillance project, codenamed Tempora, since the fall of 2011. A part
of the GCHQs larger Mastering the Internet program, Tempora was launched to create an
internet buffer consisting of massive amounts of user data obtained from undersea fiber-optic
cables landing in the UK. Under Tempora, the content of communicationsphone calls, e-mails,
social networking posts, private messages, and morecan be stored for three days while it is
processed by intelligence agents; metadata is stored for 30 days. The intercept probesreferred to
in GCHQ documents as special source exploitationreportedly gave the agency access to 200
fiber-optic cables by 2012, each carrying a load of 10 Gbps of data. An obscure clause within RIPA
served as the legal basis for this practice. Under the provision, this sort of broad surveillance may
be signed off by the foreign secretary or home secretary if communications data is arriving from or
departing to foreign soil. 100 However, since the UKs fiber-optic network often provides for
domestic traffic to be routed through international cables before returning to the island, the
provision allows for the GCHQ to conduct widespread surveillance over most, if not all of UK
citizens.101
Furthermore, by collaborating with their U.S. government partners, the GCHQ is able to bypass
legal protections coded in RIPA in order to obtain information on British citizens from the NSAs
PRISM program, which gave the NSA access to the private communications of foreign nationals
97
RtHonSirPaulKennedy,2011AnnualReportoftheInterceptionofCommunicationsCommissioner,HouseofCommons,
June13,2012,http://www.intelligencecommissioners.com/docs/0496.pdf.
98
Ibid;AlanTravis,Snoopingerrorstwiceledtowrongfuldetention,watchdogreveals,Guardian,July13,2012,
http://www.guardian.co.uk/uk/2012/jul/13/snoopingerrorswrongfuldetentionwatchdog.
99
ProtectionofFreedomsAct,http://www.legislation.gov.uk/ukpga/2012/9/enacted.
100
EwenMacAskill,JulianBorger,NickHopkins,NickDavies,andJamesBall,GCHQtapsfibreopticcablesforsecretaccessto
worldscommunications,TheGuardian,June21,2013,http://www.theguardian.com/uk/2013/jun/21/gchqcablessecret
worldcommunicationsnsa.
101
NickHopkins,NSAandGCHQspyprogrammesfacelegalchallenge,TheGuardian,July8,2013,
http://www.theguardian.com/uknews/2013/jul/08/nsagchqspyprogrammeslegalchallenge.
UNITED KINGDOM

through secret information sharing agreements with major U.S. internet companies. At the same
time, the arrangement allowed the GCHQ to pass on information to the NSA regarding U.S.
citizens, thereby bypassing American restrictions on domestic surveillance. Indeed, according to
leaked internal documents, the GCHQ facility in Cheltenham reportedly produces larger amounts
of metadata collection than the NSA.102 In another internal document, the GCHQ praised its
intelligence collecting and information sharing efforts, stating that the NSA was delighted by our
unique contributions against the [unsuccessful] Times Square and Detroit bombers.103 Documents
also revealed that the U.S. government has provided at least 100 million ($155 million) in funding
to the GCHQ over the past few years, leading some observers to conclude that the U.S.
government was essentially paying to use information obtained by the UK government.104 Privacy
advocates, such as Privacy International, have criticized the programs as blanket surveillance,
lacking judicial oversight and disproportionately affecting the rights guaranteed in Article 8 of the
European Convention of Human Rights.105
In 2009, regulations to implement the EU Data Retention Directive were adopted.106 Under the
directive, providers must retain communications data on all users for 12 months, including mobile
phone location and e-mail logs, but excluding the content of the communications. ISPs can also
continue to voluntarily store web-access logs and government agencies may access this
information through the procedures in RIPA.107 In May 2012, the government announced the
Communications Capabilities Development Programme (CCDP), a proposal to require ICT service
providers to retain data on phone calls, e-mails, text messages, and communications on socialnetworking sites in order to combat terrorism and organized crime.108 This was incorporated into a
draft Communications Data Bill, which if passed would also expand the real-time surveillance
capabilities of the security services and require ISPs to monitor users.109 Progress on the bill has
stalled, however, and on April 25, 2013, Deputy Prime Minister Nick Clegg announced that the
bill was unlikely to be implemented during the current government.110 According to the Guardian,
British telecommunications giants BT and Vodafone Cable, as well as several other international
companies, have been collaborating with the GCHQ under secret agreements to tap into
102
EwenMacAskill,JulianBorger,NickHopkins,NickDavies,andJamesBall,Masteringtheinternet:howGCHQsetouttospy
ontheworldwideweb,TheGuardian,June21,2013,http://www.theguardian.com/uk/2013/jun/21/gchqmasteringthe
internet?INTCMP=SRCH.
103
NickHopkins,JulianBorger,LukeHarding,GCHQ:insidethetopsecretworldofBritainsbiggestspyagency,TheGuardian,
August1,2013,http://www.theguardian.com/world/interactive/2013/aug/01/gchqspyagencynsaedwardsnowden#partsix.
104
NickHopkinsandLukeHarding,GCHQaccusedofsellingitsservicesafterrevelationsoffundingbyNSA,TheGuardian,
August2,2013,http://www.theguardian.com/uknews/2013/aug/02/gchqaccusedsellingservicesnsa.
105
NickHopkins,NSAandGCHQspyprogrammesfacelegalchallenge,TheGuardian,July8,2013,
http://www.theguardian.com/uknews/2013/jul/08/nsagchqspyprogrammeslegalchallenge.
106
TheDataRetention(ECDirective)Regulations2009(SI2009No.859),April2,2009,
http://www.legislation.gov.uk/ukdsi/2009/9780111473894.
107
See,TheRetentionofCommunicationsData(CodeofPractice)Order2003,
http://www.legislation.gov.uk/uksi/2003/3175/made.
108
DavidBarrett,Phoneandemailrecordstobestoredinnewspyplan,TheTelegraph,February18,2012,
http://www.telegraph.co.uk/technology/internet/9090617/Phoneandemailrecordstobestoredinnewspyplan.html.
109
See,DraftCommunicationsDataBill,http://www.parliament.uk/business/committees/committeesaz/jointselect/draft
communicationsbill/.
110
KellyFiveash,NickClegg:SnoopersCharterisntgoingtohappen,TheRegister,April25,2013,http://bit.ly/10eLMYz.
UNITED KINGDOM

transatlantic cables. The companies have responded to the allegations by stating that they are
obliged to hand over user data under UK and European Union law.111
There are no public restrictions on the use of encryption technologies. However, under Part 3 of
RIPA, it is a crime not to disclose an encryption key upon an order from a senior policeman or a
High Court judge. The Court of Appeal held in 2008 that such disclosure would not necessarily
violate the privilege against self-incrimination.112 There has been increasing use of the provision to
obtain court orders to force disclosure of keys. Between April 2011 and March 2012, there were
33 court orders for decryption, 14 people charged with refusing to disclose their keys, and 2
convictions for refusal to disclose.113
There have been numerous cyber-hacking incidents in the UK in the previous year. Apart from
intrusions for fraud and other criminal purposes, activist hacking groups have targeted both
commercial114 and government bodies115 In addition, police have launched two major
investigationsOperation Tuleta and Operation Kalmykinto whether News International
illegally hacked the e-mails of various persons, resulting in a number of arrests.116
111
JamesBall,LukeHarding,JulietteGarside,BTandVodafoneamongtelecomscompaniespassingdetailstoGCHQ,The
Guardian,August2,2013,http://www.theguardian.com/business/2013/aug/02/telecomsbtvodafonecables
gchq?INTCMP=SRCH.
112
S&Anor,Rv[2008]EWCACrim2177(October09,2008).
113
OfficeofSurveillanceCommissioners,AnnualReportoftheChiefSurveillanceCommissionertothePrimeMinisterandto
ScottishMinistersfor20112012(London:StationaryOffice,July2012),http://www.official
documents.gov.uk/document/hc1213/hc04/0498/0498.pdf;ChrisWilliams,UKJailsSchizophrenicforRefusaltoDecrypt
Files,TheRegister,November24,2009,http://www.theregister.co.uk/2009/11/24/ripa_jfl/.
114
RupertSteiner,CityFocus:HackingBritainCybercrimecostsUKupto27bnayear,ThisisMoney,February19,2013,
http://www.thisismoney.co.uk/money/news/article2280777/CITYFOCUSHackingBritainCybercrimecostsUK27bn
year.html/.
115
JoshHalliday,AnonymoushitsUKgovernmentwebsitesoverJulianAssangerow,TheGuardian,August21,2012,
http://www.guardian.co.uk/technology/2012/aug/21/anonymoushitsgovernmentwebsitesjulianassange.
116
See,TheReportintotheCulture,PracticesandEthicsofthePress,VolumeI,PartE,Chapter5,November29,2012,
http://www.levesoninquiry.org.uk/about/thereport/;LevesonInquiry:Policereveal'likely'victimnumbers,BBCNews,
February6,2012,http://www.bbc.co.uk/news/uk16905465.
UNITED KINGDOM
UNITED STATES
2012

Total (0-100)
2013
FREE FREE
4
1
7
12
4
1
12
17


Leaked documents revealed widespread surveillance by the U.S. National Security
Agency (see VIOLATIONS OF USER RIGHTS).
The U.S. House of Representatives voted in favor of the Cyber Information Sharing and
Protection Act (CISPA), a piece of proposed legislation that threatened to undermine
user privacy. The bill was subsequently shelved by the Senate (see VIOLATIONS OF
USER RIGHTS).
Aggressive prosecution of Aaron Swartz, who committed suicide before receiving a
sentence, fueled calls to reform the Computer Fraud and Abuse Act (CFAA) (see
UNITED STATES

The following chapter covers developments in the United States until April 30, 2013. However, in
June and July 2013, the British newspaper The Guardian and the American Washington Post
reported a series of leaks from a former contractor for the U.S. National Security Agency (NSA), which
revealed that the extent of government surveillance of telephone records and internet activity is greater
than had previously been acknowledged. Given that this surveillance has been ongoing for a number of
yearsincluding during the period covered by this reportFreedom House has decided to include it
in this edition of Freedom on the Net (see Violations of User Rights).
INTRODUCTION
Access to the internet in the United States remains relatively free compared with the rest of the
world. Users face few restrictions on their ability to access and publish content online. The courts
have consistently held that federal and state constitutional prohibitions against government
regulation of speech apply to material published on the internet. The law also protects online
service providers from liability for infractions committed by their users, a policy that fosters
business models that permit open discourse and the free exchange of information.
Several recent developments, however, have placed the government and internet freedom
advocates at odds over aspects of internet policy, especially with respect to online surveillance and
privacy. In June and July 2013, a series of secret documents leaked to The Guardian and the
Washington Post revealed that the National Security Agency (NSA) is conducting widespread
surveillance on phone records and internet activities of American citizens and people around the
world. In addition, in April 2013 the House of Representatives voted in favor of the Cyber
Information Sharing and Protection Act (CISPA), which is intended to increase information sharing
between companies and the government for the purpose of cybersecurity. Critics argued that the
House bill was overly broad and could threaten user privacy if it were to become law;1 the bill was
subsequently shelved by the Senate.2
Prosecutions under the Computer Fraud and Abuse Act (CFAA) continued to raise concerns about
the application of the law to prosecute crimes committed by online users, particularly in the case of
Aaron Swartz, who was prosecuted under the CFAA for using the Massachusetts Institute of
Technologys network to download nearly 5 million academic articles. This case reignited calls for
amending the legislation, which critics argue is too broadly worded, particularly in regard to the
meaning of the offense of accessing a computer without authorization. In recent years, the CFAA
has been used to prosecute crimes that fall outside of traditional concepts of cybercrime.
HousePassesCISPA,CenterforDemocracyandTechnologyPolicyBetaBlog,April18,2013,
https://www.cdt.org/pr_statement/housepassescispa.
2
JasonKoebler,ACLU:CISPAisDead(ForNow),USNewsandWorldReport,April25,2013,
http://www.usnews.com/news/articles/2013/04/25/aclucispaisdeadfornow.
UNITED STATES

Social networks and microblogging sites have been prominent targets for government demands to
disclose data about users. The microblogging site Twitter received subpoenas requesting data
identifying users, including individuals affiliated with the anti-secrecy organization WikiLeaks and
the Occupy Wall Street movement. Twitter challenged a subpoena requesting records on an
Occupy Wall Street protestor, but in September 2012 a court ruled that the company had to turn
over the information, and Twitter complied.
OBSTACLES TO ACCESS
Access to the internet in the United States is largely unregulated. It is provided and controlled in
practice by a small group of private cable television and telephone companies that own and manage
the network infrastructure. This model has been questioned by observers who have warned that
insufficient competition in the ISP market could lead to some increases in the cost of access, thus
adversely affecting the economy and individuals participation in civic life, which increasingly
occurs online.3 Observers have cautioned that if network neutrality regulations (discussed in
greater detail below) prove too weak or are rejected by the courts, the dominant companies may
decide not to continue to carry internet traffic in a content-neutral fashion.
Although the United States is one of the most connected countries in the world, it has fallen behind
several other developed countries in terms of internet speed, cost, and broadband availability.4
Approximately 81 percent of all Americans had access to the internet in 2012,5 but only 65 percent
of adults used high-speed broadband connections as of December 2012.6 While the broadband
penetration rate is considered high by global standards, it puts the United States significantly behind
countries such as Switzerland, the Netherlands, Denmark, and South Korea. Lack of high-speed
internet access is especially prevalent in rural areas, where low population densities make it difficult
for private companies to justify large investments in network infrastructure. Wired broadband
service is not yet available to 7 percent of U.S. residents, most of whom live in rural counties.7 A
June 2012 Federal Communications Commission (FCC) and National Telecommunications and
Information Administration (NTIA) report indicated that 18 percent of rural residents in the
MarkCooper,TheSocioEconomicsofDigitalExclusioninAmerica,2010,paperpresentedat2010TPRC:38thResearch
ConferenceonCommunications,Information,andInternetPolicy,Arlington,Virginia,October13,2010.
4
AccordingtoastudybytheOrganisationforEconomicCooperationandDevelopment(OECD),asofJune2012theUnited
Stateswasranked8thamongtheOECDmembercountriesintermsofmobilewirelessbroadbandsubscriptionsper100
inhabitants,andwasrankedevenlower,at15th,onfixedlinebroadbandpenetration.See,OECDBroadbandStatistics,OECD
Fixed(Wired)BroadbandSubscriptionsper100Inhabitants,byTechnology,June2012,andOECDTerrestrialMobileWireless
BroadbandSubscriptionsper100Inhabitants,byTechnology,June2012,accessedApril10,2013,
http://www.oecd.org/sti/broadband/1dOECDWiredWirelessBB20126.xls.
5
subscriptions,fixed(wired)broadbandsubscriptions,2012,accessedJune26,2013,http://www.itu.int/ITU
6
PewInternet:Broadband,PewInternet&AmericanLifeProject,accessedApril10,2013.
http://pewinternet.org/Commentary/2012/May/PewInternetBroadband.aspx.
7
AnneNeville,TwoYearsandFiveUpdatesfortheNationalBroadbandMap,NationalBroadbandMapBlog,January31,
2013,http://www.broadbandmap.gov/blog/2956/twoyearsandfiveupdatesforthenationalbroadbandmap.
UNITED STATES

United States lack access to fixed broadband. However, mobile broadband is becoming an option
for an increasing number of people.8
Senior citizens, Spanish-speakers, adults with less than a high school education, and those living in
households earning less than $30,000 annually are the groups least likely to use the internet, though
internet penetration has been growing at significantly higher rates among minorities than it has
within the general population. In a survey conducted by the Pew Internet and American Life
Project, when asked why they do not use the internet, many nonusers said they did not see the
internets relevance in their lives. They also cited factors such as usability and price as key
deterrents. Approximately one in five nonusers said they know enough about technology that they
could use the internet on their own.9
Mobile devices have become ubiquitous in the United States, with 98 mobile phone subscriptions
per 100 residents.10 As of mid-2012, about 63 percent of adult mobile phone users reported
accessing the internet on their phones. Young adults, minorities, those with less than a college
education, and those with lower household income are the most likely to say that a phone is their
primary source of internet access.11 A growing number of people use their phones to check e-mail,
visit social-networking sites such as Facebook, and engage in online commerce. This has prompted
many companies to develop special applications and versions of their websites that are designed for
mobile phone viewing.
No single agency governs the internet in the United States. The Federal Communications
Commission (FCC), an independent agency of the executive branch, is charged with regulating
radio and television broadcasting, all interstate communications, and all international
telecommunications that originate or terminate in the United States. Although the FCC is not
specifically tasked with regulating the internet or ISPs, it has claimed jurisdiction over some
internet-related issues. Other government agencies, such as the National Telecommunications and
Information Administration (NTIA), also play advisory or executive roles with respect to
telecommunications, economic, and technological policies and regulations. It is the role of the U.S.
Congress to create laws that govern the internet and delegate regulatory authority. Government
agencies such as the FCC and the NTIA must act within the bounds of congressional legislation.
Recognizing that internet penetration and connection speeds in the United States have been
outpaced by those in several other developed countries, Congress devoted funding to improving
the nations broadband infrastructure and instructed the FCC to create a National Broadband Plan
that promotes broadband availability for all U.S. residents. After issuing a notice of inquiry in April
8
NationalBroadbandMap,BroadbandStatisticsReport:BroadbandAvailabilityinUrbanvs.RuralAreas,Reportpublished
January2013,
http://www.broadbandmap.gov/download/Broadband%20Availability%20in%20Rural%20vs%20Urban%20Areas.pdf.
9
KathrynZickuhr&AaronSmith,DigitalDifferences,PewInternetandAmericanLifeProject,April13,2012,
http://pewinternet.org/~/media//Files/Reports/2012/PIP_Digital_differences_041312.pdf.
10
InternationalTelecommunicationUnion(ITU),Mobilecellulartelephonesubscriptions,2013,accessedJune26,2013,
11
KathrynZickuhr&AaronSmith,DigitalDifferences,PewInternetandAmericanLifeProject,April13,2012,
http://pewinternet.org/~/media//Files/Reports/2012/PIP_Digital_differences_041312.pdf.
UNITED STATES

2009 and weighing input from a wide variety of business, government, and civil society
organizations,12 the FCC issued its National Broadband Plan in March 2010. First among the goals
was to provide at least 100 million U.S. homes with affordable access to actual download speeds of
at least 100 megabits per second and actual upload speeds of at least 50 megabits per second.13
Three years after its implementation, the results of the National Broadband Plan are mixed.
According to a 2013 report by the Congressional Research Office, the country is much closer to
reaching its broadband availability goals than its broadband adoption goals. While it seems likely
that 100 million U.S. homes will soon have access to the target download speeds, cost of service is
still a major issue.14
Despite the economic recession, the United States is home to a thriving communications start-up
community where innovators and entrepreneurs regularly offer new technological tools at no
monetary cost to the public. Popular web applications such as Twitter, the video-sharing site
YouTube, the social-networking site Facebook, and international blog-hosting services such as
WordPress are all freely available.
Between 3,000 and 4,000 ISPs currently operate in the United States, although 15 of them control
approximately 80 percent of the market, and fourAT&T, Comcast, Time Warner, and
Verizoncontrol approximately 50 percent and own the majority of network cables and other
infrastructure.15 Until 2005, U.S. telephone companies were required to grant nondiscriminatory
access to their wire networks to other ISPs to ensure open retail-level competition and optimal
service for consumers. However, in 2005, the FCC embraced an aggressive deregulation agenda
and freed the network owners from any obligation to lease their lines to competing ISPs. The
proponents of deregulation claimed that this step would provide more incentive for large cable and
telephone companies to further develop and upgrade their networks, while opponents claimed that
it would lead to higher prices, fewer options for consumers, and worse service. Broadband speeds
have increased, but a majority of Americans remain limited to three or fewer options when
choosing a broadband provider offering at least 3 Mbps for downstream speeds and 768 Kbps for
upstream speeds.16
Over the last decade, policymakers in the United States have engaged in deep debates over the
concept of network neutrality, according to which network providers must treat all content,
websites, and platforms equally when managing data traffic.17 Supporters of the principle argue that
without it, ISPs would be able to block certain content and applications, or give preferential
12
StephanieCondonandMargueriteReardon,FCCSeeksInputonNationalBroadbandPlan,CNetNews,April8,2009,
http://news.cnet.com/830113578_31021497438.html.
13
NationalBroadbandPlan:ConnectingAmerica,FederalCommunicationsCommission(FCC),2010,
http://www.broadband.gov/downloadplan/.
14
LennardG.Kruger,TheNationalBroadbandGoals:WhereDoWeStand?CongressionalResearchService,March19,2013,
http://www.fas.org/sgp/crs/misc/R43016.pdf.
15
ISPUsageandMarketShare:ISPTrends,StatsandAnalysis,StatOwl.com,November2012,
http://www.statowl.com/network_isp_market_share.php.
16
FederalCommunicationsCommission(FCC),InternetAccessServices:StatusasofDecember31,2011,
http://www.fcc.gov/document/fccreleasesnewdatainternetaccessservices6.
17
TimWu,NetworkNeutralityFAQ,Timwu.org,accessedAugust17,2011,http://timwu.org/network_neutrality.html.
UNITED STATES

treatment to some content providers for a fee, a practice that could place limitations on citizen
access to information and online services.
Although concerns about net neutrality began emerging in the early 2000s, the issue did not gain
widespread attention until 2007 when FCC investigators found that Comcast, a cable-television
company and major ISP, had begun slowing down and blocking certain types of peer-to-peer filesharing traffic.18 After a long court battle on the issue, a federal appeals court sided with Comcast in
April 2010 and overturned the FCCs ruling against the company. The decision, which came
shortly after the release of the National Broadband Plan, also found that the FCC did not have the
authority to regulate ISPs under the legal framework the agency had cited, challenging its ability to
protect consumers on the internet.19
In December 2010, the FCC issued a compromise ruling on net neutrality that instructs fixed-line
service providers not to block access to, or unreasonably discriminate against, lawful websites,
applications, devices, or services. The rules for wireless broadband providers are much more
limited, however, restricting only some types of blocking and saying nothing about discrimination.
Under separate FCC licensing rules covering the operation of a particular range of radio
communication frequencies, some wireless carriers are barred from discriminating among devices
and applications, but these rules are not universally applied.20 In 2011, some advocates filed a
complaint with the FCC alleging that Verizon had violated these licensing rules by demanding that
certain applications (specifically, applications that enable a mobile device to create a wireless
hotspot, essentially sharing its connection with other devices) be removed from Googles
application store. In 2012, Verizon settled this complaint with the FCC, agreeing that the company
would not restrict the availability of such applications.21
Under the rules for fixed-line internet service, referred to sometimes as the Open Internet Rules,
ISPs are allowed to offer tiered services at different prices.22 Some civil society organizations,
though they agreed that the FCC adopted the rules in a free, fair, and independent manner,23
expressed disappointment that the Commission did not take a stronger stance on net neutrality that
would have applied the Communications Acts common carrier provisions. The FCCs rules
officially took effect in November 2011.
18
PeterSvensson,ComcastBlocksSomeInternetTraffic,MSNBC,October19,2007,
http://www.msnbc.msn.com/id/21376597/ns/technology_and_scienceinternet/.
19
ComcastCorporationv.FederalCommunicationsCommission,No.081291,U.S.CourtofAppealsfortheDistrictofColumbia
Circuit(April6,2010),http://www.cadc.uscourts.gov/internet/opinions.nsf/EA10373FA9C20DEA85257807005BD63F/$file/08
12911238302.pdf.
20
U.S.CodeofFederalRegulations,Title47,sec.27.16,http://ecfr.gpoaccess.gov/cgi/t/text/text
idx?c=ecfr&sid=82f1f40e3b6b119c316bbb90292bb254&rgn=div8&view=text&node=47:2.0.1.1.5.2.49.7&idno=47.
21
FederalCommunicationsCommission,ConsentDecreeIntheMatterofCellcoPartnershipd/b/aVerizonWireless,DA12
1228,July31,2012,http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA121228A1.pdf.
22
ReportandOrder:IntheMatterofPreservingtheOpenInternet,BroadbandIndustryPractices,FCC10201,December21,
2010,http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC10201A1.pdf.
23
NetworkNeutrality,PublicKnowledge,accessedApril28,2012,http://www.publicknowledge.org/issues/network
neutrality.
UNITED STATES

Verizon v. FCC, a case challenging these rules, is pending before the Court of Appeals in
Washington, D.C., the same appellate court that overturned the FCCs ruling in the Comcast
case.24 The telecommunications company Verizon argues that the FCC lacks the statutory authority
to adopt the Open Internet Rules. The company further argues that it has a First Amendment right
to exercise editorial discretion over the content it transmits, a right it argues renders
unconstitutional the FCCs requirement that it not block or interfere with its customers access to
lawful internet content. Civil society groups filed a series of friend of the court briefs countering
Verizons claims, some of which focused specifically on critiquing the companys First Amendment
arguments.25 The court of appeals has scheduled the oral argument in the case for September 2013.
LIMITS ON CONTENT
Access to information on the internet is generally free from government interference in the United
States. There is no government-run filtering mechanism affecting content passing over the internet
or mobile phone networks. Users with opposing viewpoints engage in vibrant online political
discourse and face almost no legal or technical restrictions on their expressive activities online.
Although the government does not restrict any political or social content, legal rules that apply to
other spheres of life have been extended to the internet. For example, concerns over copyright
violations, child pornography, protection of minors from harmful or indecent content, harassing or
defamatory comments, publication of confidential information, gambling, and financial crime have
presented a strong impetus for aggressive legislative and executive action.
Advertisement, production, distribution, and possession of child pornographyon the internet and
in all other mediais prohibited under federal law and can carry a sentence of up to 30 years in
prison. According to the Child Protection and Obscenity Enforcement Act of 1988, all producers
of sexually explicit material must keep records proving that their models and actors are over 18
years old. In addition to prosecuting individual offenders, the Department of Justice, the
Department of Homeland Security, and other law enforcement agencies have asserted their
authority to seize the domain name of a website allegedly hosting child abuse images after obtaining
a court order.26
Congress has passed several laws designed to restrict adult pornography and shield children from
harmful or indecent content, such as the Child Online Protection Act of 1998 (COPA), but they
have been overturned by courts due to their ambiguity and potential infringements on the First
Amendment of the U.S. Constitution, which protects freedoms of speech and the press. One law
24
JointBriefforVerizonandMetroPCS,Verizonv.FCC,111355,DCCircuit.
AndrewMcDiarmid,CDT,Scholars,Technologists,andMoreAgree:ISPsShouldntHavetheRighttoEdittheNet,Centerfor
DemocracyandTechnologyPolicyBetaBlog,November16,2013,https://www.cdt.org/blogs/andrewmcdiarmid/1611cdt
scholarstechnologistsandmoreagreeispsshouldn%E2%80%99thaverightedit;LucyWolf,AmicusBriefsCounterVerizons
FirstAmendmentArgumentinVerizonv.FCC,PublicKnowledgePolicyBlog,November19,2012,
http://publicknowledge.org/blog/verizonvfccamicusbriefroundup;JoshLevy,Verizonvs.Humans,FreePressBlog,
http://www.savetheinternet.com/blog/2012/11/21/verizonvshumans.
26
Treatingdomainnamesaspropertysubjecttocriminalforfeiture,18U.S.C.2253.
25
UNITED STATES

currently in force is the Childrens Internet Protection Act of 2000 (CIPA), which requires public
libraries that receive certain federal government subsidies to install filtering software that prevents
users from accessing child pornography or visual depictions that are obscene or harmful to minors.
Libraries that do not receive the specified subsidies from the federal government are not obliged to
comply with CIPA, but following the economic downturn, more public libraries have begun to
seek federal aid in order to mitigate budget shortfalls.27 Under the U.S. Supreme Courts
interpretation of the law, adult users can request that the filtering be removed without having to
provide a justification. However, not all libraries allow this option, arguing that the decisions about
the use of filters should be left to the discretion of individual libraries.28
In addition to restricting access to universally illegal content such as child pornography, the
government has in recent years started more aggressively pursuing alleged infringements of
intellectual property rights on the internet. Since 2010, the Immigration and Customs Enforcement
(ICE) division of the Department of Homeland Security has engaged in several rounds of domainname seizures, with targets including blogs and file-sharing sites that allegedly link to illegal copies
of music and films and sites that sell counterfeit goods.29 These seizures have been criticized as
extreme and overly secretive; for example, ICE seized the domain name of a legitimate hip-hop
music site in November of 2010 and refused to return it for an entire year. The decision to
withhold the domain was based on sealed court proceedings to which the owners of the domain
were not allowed access.30 In August 2012, three members of Congress wrote a letter to the U.S.
Attorney General raising concerns about whether ICE procedures give websites meaningful due
process.31 However, ICE continues to pursue the project, which is known as Operation in Our
Sights. In January 2013, ICE launched a new Operation in Our Sights initiative called Operation
Red Zone, seizing 313 websites allegedly selling counterfeit goods that violate National Football
League (NFL) copyrights.32
In 2011, the PROTECT IP Act (PIPA) and the Stop Online Piracy Act (SOPA), both of which
sought to target websites outside of the United States that host material allegedly infringing on U.S.
copyrights, were introduced with bipartisan support in the Senate and House of Representatives,
respectively. These bills would have permitted the Attorney General, with little judicial review, to
27
PublicLibraryFunding&TechnologyAccessLandscape20112012:PublicLibraryFundingLandscape,AmericanLibrary
Association,p15,accessedAugust6,2013,
http://www.ala.org/research/sites/ala.org.research/files/content/initiatives/plftas/2011_2012/plftas12_fundinglandscape.pdf.
28
BobBocher,ChildrensInternetProtectionAct,CIPA:ABriefFAQonPublicLibraryCompliance,WisconsinDepartmentof
PublicInstruction,February2004,updatedMarch11,2010,http://dpi.state.wi.us/pld/cipafaqlite.html.See,e.g.,Bradburnv.
NorthCentralRegionalLibraryDistrict(WashingtonstateSupremeCourt)No.822000(May6,2010);Bradburnv.NCLR,No.
CV06327EFS(E.D.Wash.April10,2013).
29
CorynneMcSherry,U.S.GovernmentSeizes82Websites:AGlimpseattheDraconianFutureofCopyrightEnforcement?
ElectronicFrontierFoundation,November29,2010,https://www.eff.org/deeplinks/2010/11/usgovernmentseizes82
websitesdraconianfuture.
30
TrevorTimm,BlacklistBillsRipeforAbusePartII:ExpansionofGovernmentPowers,DeeplinksBlog,ElectronicFrontier
Foundation,December9,2011,https://www.eff.org/deeplinks/2011/12/blacklistbillsripeabusepartiiexpansion
governmentpowers.
31
Rep.ZoeLofgren,Rep.JasonChaffetz,Rep.JaredPolis,LettertoAttorneyGeneralHolderandSecretaryNapolitanoregarding
ICEdomainseizures,August30,2012,http://lofgren.house.gov/images/Letter_to_AG_Holder_083012.pdf.
32
ICE,CBP,USPISseizemorethan$13.6millioninfakeNFLmerchandiseduring'OperationRedZone'
313websitesseizedand23individualsarrestednationwideforsellingcounterfeitNFLmerchandise,UnitedStatesImmigration
andCustomsEnforcementNewsRelease,January31,2013,http://www.ice.gov/news/releases/1301/130131neworleans.htm.
UNITED STATES

seek orders directing ISPs to block access to domain names of sites allegedly dedicated to infringing
activity, even if sites also contained lawful content.
The bills, if passed, would have suppressed legitimate, unquestionably legal speech and posed a
threat to the infrastructure of the internet. In recognition of these concerns, technologists, digital
rights advocates, companies such as Google and Mozilla, and the internet community at large
voiced resounding opposition to the bills. Some estimates of user involvement in this effort include
over 10 million signatures to petitions, four million e-mails to legislators, and 115,000 sites
blacking out or going dim in protest.33 In response to these efforts and internal concerns, members
of Congress withdrew the bills from consideration. The bills remained shelved as of mid-2013.
The activities of WikiLeaks, which in 2010 published several tranches of U.S. government material
that was leaked by U.S. Army intelligence analyst Bradley Manning, triggered a serious debate
about the use of the internet to publicize sensitive or classified government
documents.34 WikiLeaks faced the cut-off of service by non-government entities, including
Amazons data storage service35 and EveryDNS, Wikileaks domain name service provider.36 While
these and other companies that severed ties with WikiLeaks claimed to be acting independently and
without government influence, their decisions came amid fierce public criticism of WikiLeaks by
executive branch officials and prominent members of Congress.37 Bradley Manning pleaded guilty
to some charges, was convicted of others and received a lengthy sentence. A federal grand jury
investigation of Wikileaks is ongoing, but as of mid-2013, the U.S. government had not filed
charges against WikiLeaks or any of the press outlets that republished the documents.38
The legality of online gambling is another topic of debate in the United States. Online gambling is
governed by a patchwork of laws that have continued to shift over the last year. Currently, 37
states allow betting on games that require some degree of skill, but under U.S. law, certain popular
online card games like poker and blackjack are not generally included under the games of skill
designation.39 In 2011, the Justice Department delivered a legal opinion clarifying the scope of the
Wire Act of 1961 and opening the door for states to legalize many additional forms of gambling,
33
FightfortheFuture,http://sopastrike.com/numbers/.
Thisinformationincludedvideofootageofa2007incidentinwhichjournalistsandIraqicivilianswerekilledbyU.S.forces,
documentsonthewarsinAfghanistanandIraq,diplomaticcablesfromtheU.S.StateDepartment,andreportsonprisoners
heldinGuantanamoBaymilitaryprison,allofwhichnumberinthetensand(inthecaseoftheIraqwar)hundredsof
thousands.
35
GeoffreyA.Fowler,AmazonSaysWikiLeaksViolatedTermsofService,WallStreetJournal,December3,2010,
36
KevinPoulsen,WikiLeaksAttacksRevealSurprising,AvoidableVulnerabilities,Wired,December3,2010,
http://www.wired.com/threatlevel/2010/12/wikileaksdomain/.
37
EwenMacAskill,WikiLeaksWebsitePulledbyAmazonAfterUSPoliticalPressure,Guardian,December2,2010,
http://www.guardian.co.uk/media/2010/dec/01/wikileakswebsitecablesserversamazon.
38
CharlieSavage,SoldierAdmitsProvidingFilestoWikiLeaks,TheNewYorkTimes,February28,2013,
http://www.nytimes.com/2013/03/01/us/bradleymanningadmitsgivingtroveofmilitarydatato
wikileaks.html?pagewanted=all;ScottShane,SolidertoFaceMoreSeriousChargesinLeak,TheNewYorkTimes,March1,
2013,http://www.nytimes.com/2013/03/02/us/manningtofacemoreseriouschargesinleak.html?ref=julianpassange.
39
JuliannePepitone,OnlineGamblingToesaConfusingLegalLine,CNNMoney,June10,2013,
http://money.cnn.com/2013/06/10/technology/innovation/onlinegamblingpoker/index.html.
34
UNITED STATES

including online poker and other games of chance.40 Following the opinion, Nevada, New Jersey,
and Delaware legalized online gambling within their borders. Other states are considering similar
legislation.41 The first legal online poker website opened for business in June 2013, although the
site is technically only legal for residents of Nevada.42
The internet plays a significant role in civic activism in the United States, and the growth of the
blogosphere and citizen journalism has changed the ways in which many people receive news. Blogs
and electronic media outlets reporting from various points on the political spectrum now have
greater readership than most printed periodicals. Nearly all nongovernmental organizations and
causes have a presence on the internet and use it for advocacy and social mobilization. E-mail
campaigns, online petitions, and YouTube videos have been instrumental in organizing protests,
lobbying government bodies, and putting a spotlight on issues ranging from environmental
degradation to hate crimes.43
Political activity is increasingly moving online. According to a survey by the Pew Centers Internet
and American Life Project, 66 percent of social media users have engaged in some form of political
or civic activity using these tools. This represents nearly 40 percent of the adult American
population. More than one third of social media users have used the tools to encourage others to
vote.44 In the 2012 presidential campaign, contributors increasingly turned to technology when
donating money to candidates. Approximately half of the people who donated to a presidential
candidate made at least one contribution online or via e-mail. One in ten donors made a
contribution via text message or mobile phone app.45 In addition, politicians at the local, state, and
federal level increasingly use e-mail, mobile apps, and online content to garner support and keep
their constituents engaged.

The United States has a robust legal framework that supports free expression rights both online and
offline, and the U.S. does not typically prosecute individuals for online speech. The broader picture
of user rights in America, however, has become increasingly complex as a series of U.S.
40
UnitedStatesDepartmentofJustice,MemorandumOpinionfortheAssistantAttorneyGeneral:WhetherProposalsby
IllinoisandNewYorktoUsetheInternetandOutofStateTransactionProcessorstoSellLotteryTicketstoInStateAdults
ViolatetheWireAct,September20,2011,http://www.justice.gov/olc/2011/statelotteriesopinion.pdf.
41
DeenaBeasleyandNicholaGroom,Analysis:U.S.StatesRacetoCaptureOnlineGamingBonanza,Reuters,February28,
2013,http://www.reuters.com/article/2013/02/28/netususagamblingidUSBRE91R1O120130228.
42
CyrusFarivar,UltimatePokertoBecomeFirstLegal,RealMoneyOnlinePokerSiteintheU.S.,ArsTechnica,April30,2013,
http://arstechnica.com/techpolicy/2013/04/ultimatepokertobecomefirstlegalrealmoneyonlinepokersiteinus/.
43
SeeforexampletheCredoStoptheTarSandsPipelinepetitionat
http://www.credoaction.com/campaign/keystone_obama/index2.html.Seealso:SteveWilliams,PresidentObamaSignsHate
CrimesBillThankYoutothe25,000Care2MembersThatHelpedItReachHisDesk!Care2,October28,2009,
http://www.care2.com/causes/civilrights/blog/25000care2membershelpsecurepresidentssignatureonhatecrimesbill/.
44
LeeRainey,AaronSmith,KayLehmanSchlozman,HenryBrady,andSydneyVerba,SocialMediaandPoliticalEngagement,
PewInternetandAmericanLifeProject,October19,2012,
http://pewinternet.org/~/media//Files/Reports/2012/PIP_SocialMediaAndPoliticalEngagement_PDF.pdf.
45
AaronSmith&MaeveDuggan,PresidentialCampaignDonationsintheDigitalAge,PewInternetandAmericanLifeProject,
October25,2012,http://pewinternet.org/~/media//Files/Reports/2012/PIP_State_of_the_2012_race_donations.pdf.
UNITED STATES

government practices, policies, and laws touch on, and in some cases appear to violate, the rights of
individuals both inside the U.S. and abroad. Government access to phone and internet records is a
major concern, especially following newly revealed information about NSA surveillance practices.
Aggressive prosecution under the Computer Fraud and Abuse Act (CFAA) has also been criticized.
In addition, the privacy of NGOs, companies, and individual users is threatened by a growing
number of cyberattacks initiated by both domestic and international actors.
The U.S. Constitution includes strong protections for free speech and freedom of the press. In
1997, the U.S. Supreme Court held that internet speech was entitled to the highest form of
protection under the Constitution, and lower courts have consistently struck down attempts to
regulate online content. Two federal laws also provide significant protections for online speech:
Section 230 of the Communications Act of 1934 (as amended by the Telecommunications Act of
1996) provides immunity for ISPs and online platforms such as YouTube and Facebook that carry
content created by third parties. The Digital Millennium Copyright Act (DMCA) of 1998 provides
a safe harbor to intermediaries that take down allegedly infringing material after notice from the
copyright owner. These statutes enable companies to develop internet applications and websites
without fear that they will be held liable for content posted by users.46
The U.S. government generally does not prosecute individuals for posting information on the
internet, with the notable exceptions of child pornography and content that infringes on copyright.
As of mid-2013, the government had taken no decisive action against either WikiLeaks or site
founder Julian Assange, but this may change in the wake of the Bradley Manning trial. Mannings
own statements or other testimony may help prosecutors establish whether WikiLeaks played a
conspiratorial role in the unauthorized downloading of classified documents from U.S. military
computers or in the subsequent transmission of the material to WikiLeaks.47
In 2012, federal authorities issued a subpoena to the microblogging service Twitter, requesting
information from the Twitter accounts of Manning, Assange, and others associated with WikiLeaks.
With the subpoena came a gag order compelling Twitter not to disclose this information to anyone,
including the users in question. Twitter attorneys successfully challenged the gag order in court and
were able to notify users before disclosing their information to government officials.48 A similar
case arose in May 2012 when New York Citys district attorney issued a subpoena to Twitter,
requesting tweets and account information of an Occupy Wall Street protester. Twitter asked a
state judge to throw out the request, arguing that the protester merited protection under the
Fourth Amendment, given that prosecutors had failed to show probable cause necessary to obtain a
warrant for the information.49 Twitters efforts in court were unsuccessful, and in September 2012
46
IntermediaryLiability:ProtectingInternetPlatformsforExpressionandInnovation,CenterforDemocracyandTechnology,
April2010,http://www.cdt.org/files/pdfs/CDTIntermediary%20Liability_%282010%29.pdf.
47
ScottShane,SolidertoFaceMoreSeriousChargesinLeak,TheNewYorkTimes,March1,2013,
http://www.nytimes.com/2013/03/02/us/manningtofacemoreseriouschargesinleak.html?ref=julianpassange.
48
RyanSingel,TwittersResponsetoWikiLeaksSubpoenaShouldBetheIndustryStandard,Wired,January10,2011,
http://www.wired.com/threatlevel/2011/01/twitter/.
49
DanGoodin,TwitterfightsgovernmentsubpoenademandingOccupyWallStreetprotesterinfo,ArsTechnica,May5,2012,
http://bit.ly/IZHFaO.
UNITED STATES

the company complied with a court order to produce the users posts. The defendant pled guilty to
disorderly conduct charges in late 2012.50
Aggressive prosecution under the Computer Fraud and Abuse Act (CFAA) has fueled growing
criticism of that laws scope and application. Under CFAA, it is illegal to access a computer without
authorization, but the law fails to define the term without authorization, leaving the provision
open to interpretation in the courts.51 In one prominent case, programmer and internet activist
Aaron Swartz secretly used Massachusetts Institute of Technology servers to download millions of
files from a service providing academic articles. Prosecutors sought harsh penalties for Swartz
under CFAA, which could have resulted in up to 35 years imprisonment.52 Swartz committed
suicide in early 2013. Shortly after his death, a bipartisan group of lawmakers introduced Aarons
Law, draft legislation that would prevent the government from using CFAA to prosecute terms of
service violations and stop prosecutors from bringing multiple redundant charges for a single
crime.53
In another case of prosecution under CFAA, online activist Andrew Auernheimer was convicted
and sentenced to three and a half years in prison in March 2013. In 2010, Auernheimer found a
security breach in AT&Ts website that allowed him to access thousands of customers e-mail
addresses, which he claims he then turned over to a journalist at Gawker in order to expose the
companys security flaws.54 Prosecutors used CFAA to convict Auernheimer of identity fraud and
conspiracy to access a computer without authorization. In addition to the prison sentence,
Auernheimer was ordered to pay over $73,000 in damages to AT&T.
In August 2011, public transit authorities in San Francisco suspended cell phone service in several
underground stations of the Bay Area Rapid Transit (BART) system in an effort to impede planned
demonstrations regarding the fatal shooting of a man by BART police the month prior. Numerous
digital rights advocates and First Amendment scholars called the decision a violation of BART
passengers First Amendment rights and pointed to the international implications of BARTs
actions.55 Following the incident, various civil liberties groups filed an emergency petition with the
FCC requesting that the agency declare the BART shutdown a violation of the Communications
50
RussBuettner,ABrooklynProtestorPleadsGuiltyAfterHisTwitterPostsSinkHisCase,TheNewYorkTimes,December12,
2012,http://www.nytimes.com/2012/12/13/nyregion/malcolmharrispleadsguiltyover2011march.html.
51
ComputerFraudandAbuseActReform,ElectronicFrontierFoundation,accessedAugust8,2013,
https://www.eff.org/issues/cfaa.
52
DeadlySilence:AaronSwartzandMIT,TheEconomist,August3,2013,
http://www.economist.com/news/international/21582578campaigneracademicopennessgainspartialposthumous
vindicationdeadlysilence.
53
RepZoeLofgrenIntroducesBipartisanAaronsLaw,websiteofRepresentativeZoeLofgren,June20,2013,
http://www.lofgren.house.gov/images/stories/pdf/aaronslawlofgren061913.pdf.
54
KarenMcVeigh,UShackerAndrewAuernheimergiventhreeyearjailtermforAT&Tbreach,TheGuardian,March18,2013,
http://www.theguardian.com/technology/2013/mar/18/ushackerandrewauernheimeratt.
55
DavidStreitfeld,BayAreaOfficialsCutCellCoveragetoThwartProtestors,BitsBlog,NYTimes.com,August12,2011,
http://bits.blogs.nytimes.com/2011/08/12/bayareaauthoritiescutcellcoveragetothwartprotestors/.Seealso,Cynthia
Wong,WelcometoSanFranciscoNextStop,Cairo?CenterforDemocracyandTechnologyPolicyBetaBlog,August23,2011,
http://cdt.org/blogs/cynthiawong/238welcomesanfrancisconextstopcairo.
UNITED STATES

Act.56 In early 2012, the FCC issued a call for public comment on the issue, but as of mid-2013 the
agency had not yet taken further action on the subject.57 In December 2011, BART adopted a
policy outlining the circumstances under which it could shut down service; the policy did not
require prior judicial approval but, had it been in place, it would not have allowed for the August
2011 shutdown.58 In 2012, the California State Assembly and Senate approved a bill that would
require a court order before allowing for cell network interruption. Governor Jerry Brown vetoed
the bill in September 2012, citing concerns that requiring law enforcement to make certain
decisions within six hours of interrupting service could divert attention away from resolving the
emergency situation.59
Although some of the most popular social media platforms in the United States require users to
register and create accounts using their real names through Terms of Service or other contracts,60
there are no legal restrictions on user anonymity on the internet. Constitutional precedents protect
the right to anonymous speech in many contexts. There are also state laws that stipulate journalists
right to withhold the identities of anonymous sources, and at least one such law has been found to
apply to bloggers.61 In April 2011, the Obama administration launched the National Strategy for
Trusted Identities in Cyberspace (NSTIC). The stated goal of the effort is to ensure the creation of
an identity ecosystem in which internet users and organizations can more completely trust one
anothers identities and systems when carrying out online transactions requiring assurance of
identity.62 The plan specifically endorses anonymous online speech.63
Laws that protect internet communications from government monitoring are complex. While in
transit, the contents of internet communications are generally protected from government
intrusion by constitutional rules against unreasonable searches and seizures,64 although there is
more legal ambiguity with data stored in the cloud. The courts, however, have held that
transactional data about communicationsdata showing who is communicating with whom and
56
MikeMasnick,FCCAskedForDeclaratoryRulingThatBARTShuttingOffMobilePhoneServiceWasIllegal,TechDirt(blog),
August31,2011,http://www.techdirt.com/blog/wireless/articles/20110830/11591515740/fccaskeddeclaratoryrulingthat
bartshuttingoffmobilephoneservicewasillegal.shtml.
57
CommissionSeeksCommentonCertainWirelessInterruptions,FederalCommunicationsCommission,March1,2012,
http://www.fcc.gov/document/commissionseekscommentcertainwirelessserviceinterruptions.
58
MichaelCabanatuan,BARTCellphoneShutdownRulesAdopted,SFGate,December2,2011,
http://www.sfgate.com/bayarea/article/BARTcellphoneshutdownrulesadopted2344326.php.SeealsoGabeRottman,
ShuttingDownCellServiceDuringProtests:TheConstitutionalDimension,ACLUofNorthenCalifornia,May1,2012,
http://bit.ly/16Am4bd.
59
BrianHeaton,CaliforniaGovernorVetosCellServiceShutdownBill,GovernmentTechnology,October1,2012,
http://www.govtech.com/policymanagement/CaliforniaGovernorVetoesCellServiceShutdownBill.html
60
EricaNewland,CarolineNolan,CynthiaWong,andJillianYork,AccountDeactivationandContentRemoval:Guiding
PrinciplesandPracticesforCompaniesandUsers,GlobalNetworkInitiative,September2011,
http://cyber.law.harvard.edu/node/7080.
61
Applev.Does,ElectronicFrontierFoundation,accessedAugust1,2012,http://www.eff.org/cases/applevdoes.
62
AboutNISTIC,NationalStrategyforTrustedIdentitiesinCyberspace,accessedApril23,2013,
http://www.nist.gov/nstic/aboutnstic.html.
63
JayStanley,DontPutYourTrustinTrustedIdentities,BlogofRights(blog),AmericanCivilLibertiesUnion,January7,
2011,http://www.aclu.org/blog/technologyandliberty/dontputyourtrusttrustedidentities.Seealso,JimDempsey,New
UrbanMyth:TheInternetIDScare,PolicyBeta(blog),CenterforDemocracyandTechnology,January11,2011,
http://www.cdt.org/blogs/jimdempsey/newurbanmythinternetidscare.
64
PaulOhm,CourtRulesEmailProtectedbyFourthAmendment,FreedomtoTinker,December14,2010,
http://www.freedomtotinker.com/blog/paul/courtrulesemailprotectedfourthamendment.
UNITED STATES

whenis not protected by the Constitution.65 Under a set of complex statutes, law enforcement
and intelligence agencies can monitor communications and access stored information under varying
degrees of oversight as part of criminal or national security investigations. In criminal probes, law
enforcement authorities can monitor the content of internet communications in real time only if
they have obtained an order, issued by a judge, under a standard that is actually a little higher than
the one established by the Constitution for searches of physical places. The order must reflect a
finding that there is probable cause to believe that a crime has been, is being, or is about to be
committed.
The status of stored communications is more uncertain. One federal appeals court has ruled that
the Constitution applies to stored communications, so that a judicial warrant is required for
government access.66 Currently, the Electronic Communications Privacy Act states that the
government can obtain access to e-mail or other documents stored in the cloud with a mere
subpoena issued by a prosecutor or investigator without judicial approval.67 As of mid-2013,
Congress was considering a proposed reform to ECPA that would require government officials to
obtain a warrant before accessing any private communications through online service providers.68
The requirement would cover e-mail and documents stored using cloud services.69 The Securities
and Exchange Commission (SEC), a civil regulatory agency, has complicated the issue by
attempting to amend the bill to secure the authority to obtain stored e-mail and other documents
directly from service providers.70
Following the terrorist attacks of September 11, 2001, Congress passed the USA PATRIOT Act,
which expanded some of the governments surveillance and investigative powers in cases involving
terrorism as well as in ordinary criminal investigations. Three expiring provisions of the PATRIOT
Actincluding the governments broad authority to conduct roving wiretaps of unidentified or
John Doe targets, to wiretap lone wolf suspects who have no known connections to terrorist
networks, and to secretly access a wide range of private business records with court orders issued
on a broad standard (Section 215)were renewed for an additional four years in May 2011.71
In mid-2013, The Guardian and the Washington Post revealed a series of secret documents72 leaked by
a former National Security Agency (NSA) contractor that provide new information (and raise many
new questions) about surveillance activities conducted by the United States government.
65
ABriefHistoryofSurveillanceLaw,CenterforDemocracy&Technology,accessedAugust17,2011,
https://www.cdt.org/issue/wiretapecpa.
66
UnitedStatesv.Warshak,093176,UnitedStatesCourtofAppealsfortheSixthCircuit.
67
Ibid.
68
GregNojeim,SenateDreamTeamIntroducedECPAReformBill,CenterforDemocracyandTechnologyPolicyBetaBlog,
March19,2013,https://www.cdt.org/blogs/gregnojeim/1903senatedreamteamintroducesecpareformbill.
69
ECPA:AbouttheIssue,DigitalDueProcess,accessedApril23,2013,
http://digitaldueprocess.org/index.cfm?objectid=37940370255111DF8E02000C296BA163.
70
LeslieHarris,TheSECsPowerGrabThreatenstoDistorttheUSJusticeSystem,CenterforDemocracy&Technology,July
31,2013,https://www.cdt.org/commentary/secspowergrabthreatensdistortusjusticesystem.
71
PatriotActExcesses,NewYorkTimes,October7,2009,http://www.nytimes.com/2009/10/08/opinion/08thu1.html.
72
e.g.GlennGreenwald,NSACollectingPhoneRecordsofMillionsofVerizonCustomersDaily,TheGuardian,June5,2013,
http://www.guardian.co.uk/world/2013/jun/06/nsaphonerecordsverizoncourtorder.
UNITED STATES

Leaked documents indicate that the Foreign Intelligence Surveillance Court (FISA Court) has
interpreted Section 215 of the PATRIOT Act to permit the FBI to obtain orders that compel the
largest telephone carriers in the U.S. (Verizon, AT&T, Sprint, and presumably others) to provide
the NSA with records of all phone calls made to, from, and within the U.S. on an ongoing basis.
These billions of call records include numbers dialed, length of call, and other metadata.73 Data
are gathered in bulk, without any particularized suspicion about an individual, phone number, or
device. NSA analysts may conduct queries on this data without approval from the FISA Court or an
independent magistrate.74
Leaks also reveal that under a program code-named PRISM the NSA has been compelling at least
nine large U.S. companies, including Google, Facebook, Microsoft and Apple, to disclose content
and metadata relating to e-mails, web chats, videos, images, and documents.75 PRISM activities
occur under Section 702 of the Foreign Intelligence Surveillance Act, which permits the NSA to
target the communications of non-U.S. persons who are reasonably believed to be located outside
the United States in order to collect foreign intelligence information.76 Although the program is
targeted at persons abroad, the NSA is able to retain and use information incidentally collected
about U.S. persons.
Critics have raised concern that the secret NSA programs may violate the 4th Amendment of the
United States Constitution, which protects people inside the U.S. (citizens and non-citizens alike)
from unreasonable search and seizure, as well as human rights enshrined in international
agreements. In June 2013, a diverse coalition of prominent NGOs and companies submitted a
letter to Congress urging lawmakers to explicitly prohibit the blanket collection of metadata,
investigate actions of the NSA, and hold public officials accountable for unconstitutional
surveillance.77 Legislators have introduced proposals to narrow the scope of NSA activities.78
In another concerning case regarding government access to information, the Associated Press
reported in May 2013 that, as part of a national security leak investigation, the U.S. Justice
Department subpoenaed and gained access to two months of phone records for several reporters
following AP coverage of a failed bomb plot in Yemen.79 Justice Department guidelines specify
that, in the course of an investigation, requests for journalists records should be as narrowly
drawn as possible, and that investigators should attempt to obtain records directly from journalists
73
Formoreinformationonprivacyandmetadata,seeAubraAnthony,WhenMetadataBecomesMegadata:What
GovernmentCanLearn,CenterforDemocracyandTechnologyPolicyBetaBlog,June17,2013,
https://www.cdt.org/blogs/1706whenmetadatabecomesmegadatawhatgovernmentcanlearnmetadata.
74
ComparingTwoSecretSurveillancePrograms,TheNewYorkTimes,June7,2013,
http://www.nytimes.com/interactive/2013/06/07/us/comparingtwosecretsurveillanceprograms.html.
75
NSASlidesExplainthePRISMDataCollectionProgram,WashingtonPost,June6,2013,
http://www.washingtonpost.com/wpsrv/special/politics/prismcollectiondocuments/.
76
H.R.6304Sec.702.
77
CoalitionLettertoCongressonU.S.Spying,June11,2013,https://www.cdt.org/files/pdfs/CDTCoalitionNSASpying.pdf.
78
SpencerAckermanandPaulLewis,CongressEyesRenewedPushforLegislationtoReinintheNSA,TheGuardian,August2,
2013,http://www.theguardian.com/world/2013/aug/02/congressnsalegislationsurveillance.
79
CarrieJohnson,JusticeDepartmentSecretlyObtainsAPPhoneRecords,NationalPublicRadio,May14,2013,
http://www.npr.org/2013/05/14/183810320/justicedepartmentsecretlyobtainsapphonerecords.
UNITED STATES

on a voluntary basis, when possible.80 The Associated Press has since reported that the
governments actions have had a chilling effect on sources, discouraging even long-standing
informants from speaking with the AP.81 In July 2013, the Attorney General tightened the rules on
getting reporters data, but did not prohibit the practice entirely.82
The Communications Assistance for Law Enforcement Act (CALEA) requires telephone
companies, broadband carriers, and interconnected Voice over Internet Protocol (VoIP) providers
to design their systems so that communications can be easily intercepted when government
agencies have the legal authority to do so.83 The FBI suggested in late 2010 that the law should be
expanded to impose design requirements on online communications tools such as Gmail, Skype,
and Facebook,84 and while the FBI continued to push the issue,85 no legislation has yet been
proposed in Congress.
In April 2013, the House of Representatives voted in favor of the Cyber Intelligence Sharing and
Protection Act (CISPA), a proposed law that would allow ISPs and other corporations to share
cyber threat information with one another and the government.86 Civil liberties advocates warn
that the bill, in its current form, would allow companies to share citizens private information with
the government, including internet records and e-mail content, without first taking reasonable
steps to remove material not related to the threat.87 The Senate has since shelved the bill and
President Obama has pledged to veto the legislation if it reaches his desk as written, citing concerns
about privacy and civil liberties of internet users.88
Law enforcement agencies have also begun to use open, public websites and social media to
monitor different groups for suspected criminal activity. One notable example that stoked
controversy in February 2012 was an initiative by the New York Police Department (NYPD) to
monitor Muslim student groups at various universities in the northeastern United States. The
Associated Press reported that, from 2006 onward, the NYPD Cyber Intelligence unit had
monitored blogs, websites, and online forums of Muslim student groups and produced a series of
secret Muslim Student Association reports describing group activities, religious instruction, and
80
Look Whos Talking: The Administration Seems to Have Trampled on Press Freedom,The Economist, May 18, 2013,
http://econ.st/YN4N8n.
81
LindyRoyceBartlett,LeakProbeHasChilledSources,APExecSays,TheAssociatedPress,June19,2013,
http://www.cnn.com/2013/06/19/politics/apleakprobe.
82
CharlieSavage,HolderTightensRulesonGettingReportersData.TheNewYorkTimes,July12,2013,
http://www.nytimes.com/2013/07/13/us/holdertotightenrulesforobtainingreportersdata.html?pagewanted=all&_r=0.
83
TheFCCdoesnotclassifySkypeasaninterconnectedVoIPservice.
84
CharlieSavage,U.S.TriestoMakeitEasiertoWiretaptheInternet.TheNewYorkTimes,September27,2010,
http://www.nytimes.com/2010/09/27/us/27wiretap.html?pagewanted=all.
85
DeclanMcCullagh,FBI:WeNeedWiretapReadyWebsitesNow,CNET,May4,2012,http://news.cnet.com/83011009_3
5742806783/fbiweneedwiretapreadywebsitesnow.
86
RogersRuppersbergerCyberBill(CISPA)PassesHouse,U.S.HouseofRepresentativesPermanentSelectCommitteeon
Intelligence,PressRelease,April18,2013,http://1.usa.gov/18Aoi6v.
87
HousePassesCISPA,CenterforDemocracyandTechnologyPolicyBetaBlog,April18.2013,
https://www.cdt.org/pr_statement/housepassescispa;MichelleRichardsonCISPAExplainer#1:WhatInformationCanBe
Shared?ACLUBlog,April2,2013,http://www.aclu.org/blog/nationalsecuritytechnologyandliberty/cispaexplainer1what
informationcanbeshared.
88
StatementofAdministrationPolicy:H.R.624CyberIntelligenceSharingandProtectionAct,ExecutiveOfficeofthe
President,OfficeofManagementandBudget,April16,2013,http://1.usa.gov/110RWxH.
UNITED STATES

the frequency of prayer by the groups.89 The New York City mayor defended the practice by
stating that the NYPD did not break any laws by monitoring websites and online activity that was
already publicly available, although others pointed to the religious-profiling nature of the activity.
Muslim students from across the nation have expressed concern about this type of surveillance and
in late 2012 told Freedom House that they often self-censor when conducting online activities.
Like most other countries, the United States faces the growing challenge of addressing cyberattacks
conducted by both international and domestic actors. China is one focal point of the cybersecurity
discussion, especially following a report by computer security firm Mandiant which stated that
many attacks against U.S. organizations, companies, and government agencies appear to have
originated in an office of the Chinese Peoples Liberation Army in Beijing.90 The purpose of these
attacks is presumably to gain information, but the United States faces other types of cybersecurity
threats as well. For example, the Department of Homeland Security reported a wave of attacks in
mid-2013 that sought to reveal vulnerabilities in infrastructure managed by private energy
companies. The attacks seem to have originated in the Middle East, but the exact source is
unknown.91 In response to growing concern about cybersecurity threats, President Obama
produced an executive order in February 2013 recognizing the need for improved cybersecurity
measures and calling for a new Cybersecurity Framework to address security threats.92 At the
same time the U.S. military admitted that it is developing the ability to carry out offensive
cyberattacks.93 The documents leaked by Edward Snowden included a Presidential Policy Directive
describing U.S. Offensive Cyber Effects Operations (OCEO).94
89
AlBakerandKateTaylor,BloombergDefendsPolicesMonitoringofMuslimStudentWebSites,NewYorkTimes,February
22,2012,http://www.nytimes.com/2012/02/22/nyregion/bloombergdefendspolicesmonitoringofmuslimstudentweb
sites.html.
90
DavidE.Sanger,DavidBarboza,andNicolePerlroth,ChineseArmyUnitisSeenasTiedtoHackingAgainsttheU.S.TheNew
YorkTimes,February18,2013,http://www.nytimes.com/2013/02/19/technology/chinasarmyisseenastiedtohacking
againstus.html?pagewanted=all&gwh=24BE5E3C317441D6CAB213658308303F&_r=0.
91
DavidE.SangerandNicolePerlroth,CyberattacksAgainstU.S.CorporationsAreontheRise,TheNewYorkTimes,May12,
2013,http://www.nytimes.com/2013/05/13/us/cyberattacksonriseagainstuscorporations.html?pagewanted=all.
92
ExecutiveOrderImprovingCriticalInfrastructureCybersecurity,February12,2013,http://www.whitehouse.gov/the
pressoffice/2013/02/12/executiveorderimprovingcriticalinfrastructurecybersecurity.
93
MarkMazzettiandDavidE.Sanger,SecurityLeaderSaysU.S.WouldRetaliateAgainstCyberattacks,TheNewYorkTimes,
March12,2013,http://www.nytimes.com/2013/03/13/us/intelligenceofficialwarnscongressthatcyberattacksposethreat
tous.html?pagewanted=all.
94
GlennGreenwaldandEwenMacAskill,ObamaOrdersU.S.toDrawUpOverseasTargetListforCyberattacks,TheGuardian,
June7,2013,http://www.theguardian.com/world/2013/jun/07/obamachinatargetscyberoverseas.
UNITED STATES
UZBEKISTAN
2012
2013
NOT NOT
FREE FREE
19
20
28
28
30
Total (0-100)
77
78


The government established a new telecommunications regulator with consolidated
powers to control the internet and other information and communications technologies
(ICTs) (see OBSTACLES TO ACCESS).
Judges declared the leading mobile phone operator, Uzdunrobita (partially owned by
Russian telecoms company MTS), bankrupt, in a case involving potential bribes from
the ruling family and confirming the hostility of the environment for foreign investment
in the telecommunications sector (see LIMITS ON CONTENT).
Criminal investigations using trumped-up charges were opened against a popular news
site, Olam.uz, which had been reporting on the corruption allegations surrounding the
Uzdunrobita case (see VIOLATIONS OF USER RIGHTS).
UZBEKISTAN

INTRODUCTION
In the period of May 2012 to April 2013, internet regulation in Uzbekistan did not improve and the
country remains one of the most restrictive in Central Asia. The Uzbek government has adopted
several programs aimed at stimulating the development of the telecommunications infrastructure
and raising awareness about computer technologies, especially among rural populations. However,
as reported by the International Telecommunications Union (ITU) in 2011, Uzbekistan is on the
verge of being excluded from the global information society due to the still prohibitively high prices
for broadband internet access.1
In the fall of 2012, the government consolidated regulatory authority over the ICT industry in
Uzbekistan through the establishment of a new telecommunications regulator. The action was taken
after the former telecom regulator, UzACI, was involved in the unlawful termination of the leading
GSM operator, Uzdunrobita (MTS-Uzbekistan) beginning in July 2012. All media regulatory
bodies were integrated into the structure of the new telecommunications regulator.
In 20122013, the state-owned telecommunications carrier Uztelecom retained centralized control
over the countrys connection to the international internet, facilitating nationwide censorship and
surveillance. The Uzbek authorities block access to a wide range of international news websites,
human rights groups, and exile publications, while at educational and cultural institutions, access is
strictly limited to the national intranet system, or ZiyoNet. A popular online news site, Olam.uz,
which reported extensively about the Uzdunrobita case, was shut down in January 2013 due to the
politically motivated charges against its owner and editor-in-chief. Additionally, two journalists
reporting for online media are serving long sentences on trumped-up charges.
OBSTACLES TO ACCESS
Direct access to the internet backbone via the Trans Asia Europe fiber-optic cable became
operational in Uzbekistan in 1998.2 Despite extensive state investments in telecommunications
infrastructure and internet connectivity since 1999, internet penetration reached a mere 9 percent
of the population by 2009.3 In January 2013, according to the government, the number of internet
users reached 9.8 million, comprising 33 percent of the populationa small increase from 31
InternationalTelecommunicationUnion(ITU),"MeasuringtheInformationSociety:2012,"accessedJuly30,2013,
http://www.itu.int/en/ITUD/Statistics/Documents/publications/mis2012/MIS2012_without_Annex_4.pdf.
2
TransAsiaEurope,"Historicalreference2005,"accessedJuly30,2013,http://taeint.net/en/about/company_history/.
3
UnitedNationsDevelopmentProgram(UNDP),"ReviewofInformationandCommunicationTechnologiesDevelopmentin
Uzbekistan:2005,"Tashkent2006,http://www.undp.uz/en/publications/publication.php?id=19.AlsoseeITU,"Key20002011
countrydata:PercentageofindividualsusingtheInternet,"http://www.itu.int/ITUD/ict/statistics/.
UZBEKISTAN

percent in April 2012.4 Estimates by the International Telecommunication Union calculated the
internet penetration rate slightly higher at 37 percent for 2012.5
Digital divides are found across urban, rural, and remote areas of the country, where factors such as
computer literacy and income affect the likelihood that individuals have access to the internet.
Problems with the electrical grid limit the usefulness of the telecommunications infrastructure,
especially in rural and remote areas.6 A digital divide also exists between the capital, Tashkent, and
the country's 12 regions (viloyati), with the lowest internet penetration rate registered in the semiautonomous republic of Karakalpakstana home to the Karakalpak, Kazakh, and Uzbek ethnic
groups.7
Only 8 percent of households were connected to the internet in Uzbekistan by the end of 2011, the
second lowest estimate in the region of the Commonwealth of Independent States (CIS) after
Turkmenistan.8 Though work seems to be a primary place to access the internet, "collective" or
public access points such as internet cafes remain popular as well. Since December 2010, minors
are officially prohibited from visiting internet cafes without parents or adults between 10:00 p.m.
and 6:00 a.m.9 Reportedly, since 2011, students are also not allowed to visit internet cafes
between 8:30 a.m. and 7:00 p.m.10
Public libraries, museums, nearly all of the countrys educational, scientific and cultural
institutions, and youth organizations connect to the internet exclusively via the unified information
network ZiyoNet, or intranet, initiated by the government in September 2005.11 ZiyoNet requires
user identification and employs software protecting against aggressive internet content.12 Given
the role of those institutions in Uzbek society,13 online resources on the intranet consist mainly of
government sources of information, including state educational but also ideological materials.14 As
4
StateCommitteeforCommunications,InformationandTelecommunicationsTechnologies(SCforCITT),"
:
,"accessedApril25,2013,http://ccitt.uz/ru/indicators/.
5
InternationalTelecommunicationUnion(ITU),PercentageofIndividualsUsingtheInternet,2012,accessedJuly30,2013,
6
InternationalTelecommunicationUnion,Sustainableelectricitysupplyoftelecommunicationsobjectsinruralandremote
areas,accessedSeptember21,2012,http://www.itu.int/ITUD/projects/display.asp?ProjectNo=2UZB11003.
7
UzACIandUNDPUzbekistan,""[Analysisof
theInternetDevelopmentanditsProspectsinUzbekistan],2009,accessedJuly30,2013,http://infocom.uz/wp
content/files/otchet.pdf.
8
ITU,MeasuringtheInformationSociety:2012,accessedJuly30,2013,http://www.itu.int/en/ITU
9
"OporiadkepredostavleniadostupaksetiInternetvobschestvennikhpunktakhpolzovania"[OnAdoptionoftheTermsof
ProvisionofAccesstotheInternetNetworkinPublicPointsofUse],promulgatedbyOrderoftheCommunicationsand
InformationAgencyofUzbekistanNo.216,July23,2004,SZRU(2004)No.30,item350,atArt.17(e).
10
"Lyceumstudentsbannedfromecafes,"Uznews.net,May31,2012,
http://www.uznews.net/news_single.php?lng=en&sub=top&cid=4&nid=19973.
11
ResolutionofthePresidentRU"
"[OntheEstablishmentofthePublic,Educational,andInformationNetworkoftheRepublicofUzbekistan],No.
191,28September2005,SZRU(No.40),item.305,atArt.4.
12
Ibid.,atArt.5.
13
ResolutionofthePresidentRU""""[OntheState
Program"TheYearofHarmoniouslyDevelopedGeneration"],No.1271,January27,2010,SZRU(2010)No.5,item37.
14
""[Library],ZiyoNet.uz,accessedJuly30,2013,http://www.ziyonet.uz/ru/library/.
UZBEKISTAN

of January 2013, there were 41,541 of these approved online information resources, some of
which are knock-offs of popular social media platforms such as Utube.uz.
Internet connectivity is available via dial-up, ADSL broadband, and WiMax, but no longer via
satellite. Dial-up connections are more common in rural areas than urban areas.15 In 2011, the
government made a commitment to expand the number of users with a dial-up connection from 3
million to 3.5 million.16 By 2012, 147,760 users had a fixed-broadband subscription in the
country,17 which is significantly higher than the national target of 100,000 set by President Karimov
to be achieved by the end of 2011.18 Given this target, Uztelecom and the Chinese
telecommunications equipment supplier ZTE launched the mass production of ADSL modems and
DSLAM network devices in August 2011.19 As of February 2013, Uztelecom offered FTTB
broadband internet to 837 buildings in Tashkent. WiMAX broadband is available only in Tashkent
and six regions since it was first introduced on the Uzbek market by a private operator in 2008.20
As described below, the ban on private ISPs to access the internet via satellite has been in force
since February 2011.
The state-owned JSC Uzbektelecom, established in 2000 and re-branded as national operator
Uztelecom in 2011, operates Uzbekistan's telecommunications infrastructure under a state license
renewable every 15 years. In August 2005, Uztelecom took over the internet connectivity
functions from the state data transfer network company, UzPAK, which later became its
subsidiary.21 The latter is claimed to have been only partially successful in maintaining a monopoly
and centralized state control over international internet connectivity since its establishment in
1999.22 By contrast, due to a favorable regulatory environment, Uztelecom has succeeded in
becoming a pure monopoly over the country's connection to the internet and an upstream ISP, with
private ISPs required to have their international internet traffic routed and transmitted through a
single Uztelecom network gateway (the International Centre for Packet Switching, abbreviated as
MZPK in Russian).
15
SarkorTelekom,PressRelease,December16,2011,http://www.sarkor.com/ru/press/news/.
Uztelecom,""[TheProspectivefortheDevelopment
ofTelecommunicationsNetworksHasBeenAnalyzed],February21,2011,
http://www.uztelecom.uz/ru/press/media/2011/141/.
17
ITU,"Key20002011countrydata:Fixed(wired)broadbandsubscriptions,"http://www.itu.int/ITUD/ict/statistics/.
18
ReportofthePresidentRUtotheGovernment,"o
"[Allouraspirationsandprogramsinthenameofthefurtherdevelopmentof
themotherlandandimprovementofthewelfareofthepeople],February21,2011,http://www.press
service.uz/ru/news/archive/dokladi/#ru/news/show/dokladi/vse_nashi_ustremleniya_i_programmyi___1/.
19
Uztelecom,"DSLAMADSL"
[ATechnologicalProductionofDSLAMEquipmentandADSLmodemsHasBeenLaunched],August31,2011,
http://www.uztelecom.uz/ru/press/news/2011/187/.
20
SeeUzACIandUNDPUzbekistan,note9above.
21
DecreeofthePresidentRU"OnmeasuresfordevelopmentofdatatransferservicesandpreparationforprivatizationofJSC
"Uzbektelecom",No.PP149,August8,2005.
22
JoshMachleder,"StruggleoverInternetAccessDevelopinginUzbekistan,"December3,2002,
www.eurasianet.org/departments/rights/articles/eav031202.shtml.
16
UZBEKISTAN

In March 2011, the former telecommunications regulator, UzACI, amended its 2004 regulatory
provisions in ways that further established Uztelecoms control over the traffic of other ISPs.23
Firstly, the amendments specified that ISPs have "the right to access international
telecommunications networks solely through technical means of JSC Uzbektelecom."
Consequently, on December 30, 2011, the Uzbek parliament amended the 1999 Law on
Communications to impose more general legal obligation upon ISPs to "provide interconnections
of their networks according to technical specifications of the operator of the connecting
telecommunications networks."24 Secondly, UzACI revoked the norm guaranteeing the right of
private ISPs to install and maintain their own satellite stations in order to enable internet
connectivity.
As a government-sanctioned monopoly, Uztelecom sets the price for use of its internet gateway by
downstream ISPs. In February 2013, this price reached approximately $384 per 1 Mbps per month
for private ISPsa reduction from $495 in February 2012.25 There are no statistics demonstrating
whether private ISPs systematically pass down Uztelecom's price reductions to their subscribers. In
April 2013, private ISPs offered household internet access at a minimum download speed of 256
Kbps for a monthly subscription of $30 (with free traffic up to 2,000 Mb) and a maximum
download speed of 2,048 Kbps for $44 per month (with free traffic up to 12,000 Mb).26 Similar
prices were reported for ADSL broadband packages offered by Uztelecom in January 2012. As
reported by the ITU, such prices are prohibitively high and exceed the monthly GNI per capita
level at the rate of approximately 188 percent.27 As of May 2012, neither Uztelecom nor other ISPs
offer a monthly internet access package with unlimited usage.
While prices for international internet access remain prohibitively high for most citizens in
Uzbekistan, by contrast, Uzbek ISPs offer low cost access without traffic limitations to websites
domestically hosted in Uzbekistan within the TAS-IX network. Registered in February 2004 by the
five largest domestic ISPs at the time, TAS-IX is a nongovernmental organization with ISPs
regulating their relationship by an agreement and annually selecting a network administrator among
its members.28 By March 2013, the TAS-IX peering center had a membership of 37 ISPs
interconnecting their networks in order to enable traffic conveyance and exchange at no mutual
charge and without the need to establish international internet connections via Uztelecom.29
Membership of Uztelecom may, however, complicate the presumably self-regulating structure of
23
"
"[Orderofthe
GeneralDirectorofUzACIOnAmendementstotheRulesontheProcedureRegulatingNetworkInterconnectionAmong
InternetProvidersonDataNetworks],No.4Yu,March15,2011,SZRU(2011)No.1011(458459),item108,atAnnex.
24
LawRU,"Otelekommunikatsiiakh"[OnTelecommunications],No.822I,20August1999,VOMRU(1999)No.9,219,as
amendedbyLawNo.314onDecember30,2011,atArt.17,para.3.
25
Uztelecom,""[TariffReductionforInternetServiceProviders],
March6,2012,http://www.uztelecom.uz/ru/press/news/2013/962/.
26
See,e.g.,atarifflistfromtheleadingISPproviderTPS,athttp://www.tps.uz/tariffs/section/jet(lastaccessedonApril26,
2013).
27
ITU,"MeasuringtheInformationSociety:2012."
28
InfoCom.uz,"TASIX,"February18,2004,
http://infocom.uz/2004/02/18/samoenuzhnoennodlyauznetasoglashenietasix/.
29
TASIX,ListofMembers,http://tasix.uz/index.php?option=com_content&view=article&id=63:listofmembers.
UZBEKISTAN

TAS-IX. Presently, the relationship between Uztelecom and all other TAS-IX participating ISPs is
not clear and is at the stage of negotiations.30 TAS-IX has evolved to become a conduit for
domestically hosted content. TAS-IX also filters and blocks content or applications to the same
extent as Uztelecom.31 At the same time, as some have pointed out, TAS-IX ISPs are challenged to
find the income streams for the investments needed to meet the capacity requirements of their
customers.32
According to the latest ITU data, over 20 million Uzbeks had a mobile phone subscription by the
end of 2012, with a mobile phone penetration rate of approximately 72 percent.33 Mobile phone
connectivity via 3G technology is widely available, though as of October 2011, only 23 percent of
mobile phone subscribers were using mobile broadband services.34 As of December 2011, mobile
broadband based on 4G/LTE technology was limited only to some parts of the capital Tashkent.35
WiMax mobile broadband is said to be available only in Tashkent and the other five major cities of
the country.36 Still, there are general complaints about the poor quality of mobile phone
connections and broadband internet access, which are related, among other things, to such
regulatory obstacles as intricate customs procedures for the import of ICT equipment, unduly
complicated tender conditions, and various bureaucratic obstacles at the local level.37
As of May 2013, four out of five operators were left to share the Uzbek market for mobile phone
services. The smallest numbers of subscribers reportedly belonged to two CDMA operators
Uzmobile (a brand of the state-owned Uztelecom) and Perfectum Mobile (owned by the Uzbek
company Rubicon Wireless Communication).38 Two GSM operatorsBeeline (owned by the
Russian VimpelCom Ltd) and Ucell (owned by the Swedish-Finnish company TeliaSonera)shared
the largest portions of the market.39 Recently, the Uzbek antitrust authorities accused and fined the
30
InfoCom.uz,"2010"(InformationonameetingbetweenTAXISandUztelecominJanuary2013onthe
matterofnetworkinterconnectivity),March4,2013,http://tasix.uz/index.php?option=com_content&view=article&id=62:
2012.
31
TAXISparticipatingISPmaintainaservicetofindoutwhetherawebsiteisintheTASIXnetwork.See,e.g.,ISPTPS,
http://www.tps.uz/tasix/.
32
EugeniySklyarevskiy,':TASIX?',October24,2012,
http://www.12news.uz/news/2012/10/24/tasix/.
33
34
However,itisnotclearwhetherthisofficialdataalsoincludesstatisticsofinternetaccessprovidedbyprivatemobilephone
companies.See,UzACI,"9"[TheUzACIBoardSummedup9Monthsof
itsActivity],October25,2011,http://www.aci.uz/ru/news/uzaci/article/1407.
35
UzDaily,"4G"[MTSUzbekistanStartedtoSell4GModems],December22,2011,
http://www.uzdaily.uz/articlesid9334.htm.
36
EVOPremiumOperator,"Aboutus",http://evo.uz/ru/company/about.
37
":BeelineUcellUzdunrobita,"
Fergananews.com,May6,2013,http://www.fergananews.com/articles/7714.
38
"UZMOBILEsubscribersnumberexceeds200,000users,"UzDaily,January31,2013,http://www.uzdaily.com/articlesid
21856.htm#sthash.eB7qIe9p.dpbs.PerfectumMobiledoesnotmakepublicitscustomerbase.Reportedly,thenumbers
reachedanaverageof500,000subscribersin2012.SeeMobinfo.Uz,"
?"November10,2012,http://mobinfo.uz/print:page,1,10830skolkozheabonentovbyloumtsuzbekistan
na.html.
39
BytheendofDecember2012,Beelinereportedhaving9.2millionsubscribers.SeeBeeline,","
http://about.beeline.uz/ru/about/index.wbp(lastaccessedonApril20,2013).BytheendofSeptember2012,Ucellhad9.5
millionsubscribers.Seehttp://mobinfo.uz/print:page,1,10830skolkozheabonentovbyloumtsuzbekistanna.html.
UZBEKISTAN

latter two companies for price fixing that allegedly took place in 2012 and 2013. Still, Beeline and
Ucell have been able to increase their customer base after the Uzbek government terminated the
operations of a leading competitor and GSM operator, Uzdunrobita (a wholly owned subsidiary of
the Russian company MTS).
On July 17, 2012, Uzdunrobita's mobile phone services and internet broadband access became
permanently inaccessible to more than 9.5 million subscribers.40 From August 2012 to April 2013,
the company struggled to challenge official charges of violations of tax, antimonopoly, and
consumer protection laws, including the award of $587 million worth of compensatory damages
for the state by domestic courts.41 After Uzdunrobita's petition for voluntary bankruptcy, the
company was declared bankrupt by order of the Tashkent Commercial Court on April 22, 2013.
The Uzdunrobita case is the first case of unlawful expropriation of foreign businesses providing
access to digital technologies in Uzbekistan.
The reported period was characterized by disclosures of vast bribery in the domestic
telecommunications business from as far back as 2007. According to allegations, the president's
daughter, Gulnara Karimova, had systematically solicited bribes from MTS (Uzdunrobita) and
TeliaSonera (Ucell). Karimova is believed to have sold outstanding shares of Uzdunrobita to MTS
for $250 million in cash in June 2007.42 Her middleman, Uzdunrobita's general director, fled the
country in June 2012 and, as of May 2013, remains one of the suspects in pending investigations
into money-laundering and aggravated bribery in Switzerland and Sweden. Reportedly, the
Sweden-based TeliaSonera allegedly paid bribes worth millions of dollars to Karimova over a fiveyear span between 2007 and 2012, starting with the acquisition of a 3G telecom license for $314.6
million.43 As of May 2013, Gulnara Karimova held the post of Ambassador, Permanent
Representative of the Republic of Uzbekistan to the United Nations and other international
organizations in Geneva; however, Karimova lost her post in July 2013.44
The governments control over the internet infrastructure and its influence on mobile phone
operators enables it to limit or block connectivity to Web 2.0 applications at will, which it appears
to have done on several occasions in recent years. In August 2011, individual users and independent
news websites reported that the Google search engine and its Russian equivalent, Rambler, were
blocked for several days amidst a broader increase in blocked websites.45 Government officials and
service providers denied that the disruptions were intentional, but observers suspected that the
restrictions were related to the upcoming 20th anniversary of the end of the Soviet era in September
40
RFE/RL,"MillionsofUzbekCustomersLeftWithoutMobilePhoneService,"July18,2012,
http://www.rferl.org/content/uzbekistanmobilephoneprovidersuspendeduzdunrobita/24649344.html.
41
MTS,"AnnualReport:2012,"http://www.mtsgsm.com/upload/contents/294/MTS_Clean.pdf.
42
SaveliyVezhin,".""
"[UzbekSilenceofMTS:TheInvestmentsoftheMobileOperatorUzdunrobitaintheDevelopment
ofMobileServicesintheRepublicareUnderThreat],June24,2012,http://www.ng.ru/ideas/20120724/5_mts.html.
43
RFE/RL,"NewDocumentsSuggestFreshEvidenceofTeliaSoneraTiestoKarimova,"May22,2013,
http://www.rferl.org/content/swedenteliasonerauzbekistankarimova/24993135.html.
44
MuratSadykov,Uzbekistan:GulnarasFutureUncertainAfterExitingUNPost,Eurasianet.org,July14,2013,
45
ReportersWithoutBorders,Uzbekistan,EnemiesoftheInternet2012,March12,2012,http://en.rsf.org/uzbekistan
uzbekistan12032012,42079.html.
UZBEKISTAN

2011 and the governments fear that it might trigger social media-inspired protests in Uzbekistan.46
On May 21, 2012, the government adopted a resolution establishing unified rules for the use of
mobile phones in all educational institutions of the country.47 The resolution completely bans the
use of mobile phones in the buildings of educational institutions, not only for students but also for
teachers and other personnel. According to the resolution, the aim of such measures is to prevent
negative aspects of the use of mobile phones in educational settings, such as cheating; digital
gaming; and the dissemination of materials undermining morals and ethics, promoting a culture of
violence, cruelty and pornography, or promoting reactionary sectarian, pseudo-religious
ideology. Another stated aim, however, is to enable the education of the youth in the spirit of
love to its motherland, respect for national values and those of the humanity, [and] ideas of national
independence. In the past, the government has sporadically ordered the shutdown of text
messaging and internet services by mobile operators, particularly during examinations.48
Apart from these sporadic restrictions, YouTube, Facebook, Twitter, and LiveJournal remained
generally available in 20122013, though some individual pages were blocked. In March 2012,
however, reports emerged that the Uzbek authorities had blocked LiveJournal out of concern that
potential protests could erupt over the results of the Russian presidential elections.49 The bloghosting platform Wordpress remained blocked in its entirety during the reported period.50
Service providers are required to have a license to operate, and in 2005, the Cabinet of Ministers
adopted Resolution No. 155, which stipulates that telecommunications providers must first register
as a legal entity before being issued a license. Thereafter, the licensing procedure is fairly
straightforward but in practice is often encumbered by political interests, with applicants from
outside the governments inner circle regularly denied licenses for unjustifiable reasons.51
The Uzbek Agency for Communications and Information (UzACI) ceased to exist in October 2012,
when President Karimov issued a decree52 establishing a new telecommunications regulator, the
State Committee for Communications, Information and Telecommunications Technologies (State
46
InstituteforWar&PeaceReporting,TashkentSpookedbyWebInterestinArabProtests,February24,2011,
http://iwpr.net/reportnews/tashkentspookedwebinterestarabprotests;"
"[LiveJournalandSearchEnginesareBlockedinUzbekistan],FerghanaNews,August10,2011,
http://www.fergananews.com/news.php?id=17125;CatherineA.Fitzpatrick,Uzbekistan:InternetSitesBlocked,
Eurasianet.org,August10,2011,http://www.eurasianet.org/node/64026.
47
ResolutionoftheCabinetofMinistersRU,"
,"No.139,May21,2012,SZRU(2013No.21(521),item.229.
48
UzbekistanhaltsmobileInternet,SMSforexamday,AFP,August2,2011,
http://www.google.com/hostednews/afp/article/ALeqM5iAt_J3V1eR_Homvu0Osp2K3mqMdQ.
49
LiveJournalwebsiteblockedinUzbekistan,Uznews.net,March20,2012,
http://www.uznews.net/news_single.php?nid=19380.
50
IREX,"Europe&EurasiaMediaSustainabilityIndex2013,"
http://www.irex.org/sites/default/files/u105/EE_MSI_2013_Uzbekistan.pdf
51
IREX,Uzbekistan.
52
DecreeofthePresidentRU",
"[OntheEstablishmentoftheStateCommitteeforCommunications,Informationand
TelecommunicationsTechnologies],4475.
UZBEKISTAN

Committee for CITT).53 Similarly to its predecessor, the new governmental body lacks
independence and is accountable to the Cabinet of Ministers in the executive branch.54 The
president appoints and dismisses the committee chairman and first deputy, who are also members
of the Executive Board of the national operator Uztelecom, where the committee has the right to
manage 51 percent of state shareholdings.55 Moreover, the Cabinet of Ministers approves members
of a committee's collegium selected from the committee's top bureaucrats. The collegium
coordinates the planning and implementation of the committee's main activities and appoints the
committee's nomenklatura.56 These appointment processes lack transparency. In addition, the
composition of the committee is not representative of different stakeholders' interests. With the
establishment of the State Committee for CITT, the government has consolidated its regulatory
authority over the ICT industry.
The government maintains direct control over the administration, registration, and use of domain
names with the .uz top-level domain, which was established in April 1995 and re-delegated to the
government in April 2003.57 Current rules for the assignment, registration, and use of the country's
top-level domain create an obstacle to internet access.58 The Computerization and Information
Technologies Developing Center (Uzinfocom) manages the .uz top-level domain. There are seven
private ISPs officially authorized to provide registry services in the .uz domain zone.59 Uzinfocom
is also the largest provider of web hosting services, including for the e-government project,
government-backed intranet, national search engine, and social-networking sites.60
LIMITS ON CONTENT
The Uzbek government engages in pervasive and systematic blocking of independent news and any
content expressing critical opinions and views about Uzbekistan's government, the country's
foreign and domestic affairsincluding the human rights situationand other issues of general
public interest in Uzbekistan.61 Access to online information was relatively open until 2001 when
the authorities began filtering politically sensitive websites and reportedly intercepting e-mail
53
StateCommitteeforCommunications,InformationandTelecommunicationsTechnologiesofficialwebsite,
http://www.ccitt.uz/ru/.
54
ResolutionoftheCabinetofMinistersRU",
,"[OntheAdoptionofRulesontheState
CommitteeforCommunications,InformationandTelecommunicationsTechnologiesoftheRepublicofUzbekistanandonthe
StateInspectionintheFieldsofCommunications,InformationandTelecommunicationsTechnologies],No.355,19December
2012,SZRU(2012)No.52(552),item589,atArt.2.
55
PostanovlenieatArt.13.
56
Ibid.,atArt.16.
57
IANA,"ReportonRedelegationoftheuzTopLevelDomain,"April10,2003,http://www.iana.org/reports/2003/uzreport
10apr03.html.
58
LawRU"OnTelecommunications,"atArts.8,11.
59
ccTLD.uz,""[Administrators],http://cctld.uz/reg/.
60
UzinfocomDataCentre,""[WebHostimgServices],http://dc.uz/rus/hosting/.
61
ReportersWithoutBorders,"InternetEnemies:Uzbekistan,"http://en.rsf.org/internetenemieuzbekistan,39765.html;Alexei
Volosevich,"JournalisminUzbekistanisnothistory.IthasbutmovedtotheNet,"February26,2007,
http://enews.fergananews.com/article.php?id=1855.
UZBEKISTAN

communication.62 However, state internet censorship and surveillance have significantly intensified
since May 2005, following the governments violent crackdown on peaceful antigovernment
protests in Andijan and the subsequent news blackout on this event in the traditional media.63 In
20122013, the Uzbek government continued to apply pressure on online content providers in
order to force the removal of political content from certain sites.
Since the government officially banned the operation of such international broadcasters as the BBC
and the U.S. government-funded Radio Free Europe/Radio Liberty (RFE/FL) in Uzbekistan in
2005, their websites (Bbc.co.uk/uzbek, Ozodlik.org) have remained permanently inaccessible.64
The websites of two international broadcasters, Deutsche Welle (Dw.de) and Voice of America
(Voanews.com/uzbek), are also blocked. Permanent blocking also applies to independent online
news media, such as Uznews.net, Ferghananews.com, Harakat.net, Mediauz.ucoz.ru, and
Uzmetronom.com, as well as the websites of Uzbek opposition groups in exile.65 In addition to
being blocked, none of these websites appear in the results of the national search engine www.uz,
which is regulated by the government and primarily catalogues sites with .uz domain names.66
In February 2013, assumedly under pressure of the Uzbek government, administrators of the
Russian social-networking site Odnoklassniki.ru removed a web page of the National Movement of
Uzbekistan "without the possibility of being restored."67 At the time of removal, the Uzbek
dissident group that had been established in 2011 had 26,000 "friends" on Odnoklassniki. In
January 2013, the official website of the movement, Uzxalqharakati.com, had already come under a
distributed denial-of-service (DDoS) attack, the third since its registration in May 2011.68 The
attack paralyzed the website for several days.
The Uzbek authorities appear to have fairly sophisticated censorship technology at their disposal
that enables them to not only block entire domains, but also restrict access to individual pages that
contain politically sensitive content while retaining access to other parts of a particular site. For
example, in February 2011, after people started discussing the protests that were erupting in the
Middle East, including expressing solidarity with demonstrators and sharing news links about what
was happening, users began reporting that certain pages and discussions on Facebook, LiveJournal,
62
CountryProfile:Uzbekistan,OpenNetInitiative,December21,2010,http://opennet.net/research/profiles/uzbekistan.
OSCE,"CoverageoftheEventsandGovernmentalHandlingofthePressDuringtheAndijanCrisisinUzbekistan:Observations
andrecommendations,"June15,2005,http://www.osce.org/fom/15617;AloKhodjayev,TheInternetMediainUzbekistan,
inOSCERepresentativeonFreedomoftheMedia(ed.),PluralismintheMediaandtheInternet(OSCERepresentativeon
FreedomoftheMedia,Vienna,2006),143148,at144.
64
CommitteetoProtectJournalists,"AttacksonthePress2010:Uzbekistan,"February15,2011,
http://www.cpj.org/2011/02/attacksonthepress2010uzbekistan.php.
65
See,e.g.,websiteoftheUzbekistan"Erk"DemocraticParty,http://uzbekistanerk.com/.
66
ResolutionofthePresidentRU""
[ProgramontheEstablishmentandDevelopmentofaNationalInformationSearchSystem],No.117,signedJuly8,2005,
Annex3,SZRU(2005)No.27,189.
67
Uznews.net,","February18,2013,
http://www.uznews.net/news_single.php?lng=ru&cid=30&nid=22104.
68
Ozodlik.org,","January27,2013,
http://www.ozodlik.org/content/article/24884770.html.
63
UZBEKISTAN

and Twitter were being blocked, though the social media tools as a whole remained available.69
Similarly, in February 2012, the media reported that the Uzbek-language pages of Wikipedia were
blocked, while their Russian counterparts remained available, although the latter typically contain
more information on often-censored topics like human rights abuses. Analysts speculated that the
block was more related to the governments nationalistic wish to monopolize Uzbek-language
content than because of concerns that users would access politically sensitive information.70
Most censorship takes place at the countrys international internet connection, operated by
Uztelecom, which aggregates the private ISPs traffic at a single node within its infrastructure.
There is a widespread suspicion of involvement of foreign firms providing networking equipment
to Uztelecom for the purpose of state censorship over the internet. The architecture of Uztelecom's
network UzNet, which provides internet transit for private ISPs and internet access in
governmental institutions, is based on network routers and switches produced by Cisco Systems,
Inc.71 Moreover, in its daily operations, Uztelecom widely employs the equipment of the Chinese
company ZTE. ZTE opened its Uzbek office in 2003 and became a leading supplier of USB
modems, mobile phones, and routers to all mobile phone operators and Uztelecom.72
Furthermore, the government grants ISPs and mobile phone operators import duty and sales tax
exemptions on surveillance equipment, which they are then required to install on their networks at
their own expense.73 Reportedly, the government has abolished some of its import tax exemptions
on telecommunications equipment in 2013.
Under the 1999 Law on Telecommunications and several other government resolutions, the license
of lower tier ISPs may be withheld or denied if the company fails to take measures to prevent their
computer networks from being used for exchanging information deemed to violate national laws,
including ones that restrict political speech. Under Order No. 216 passed in 2004, ISPs and
operators cannot disseminate information that, inter alia, calls for the violent overthrow of the
constitutional order of Uzbekistan, instigates war and violence, contains pornography, or degrades
and defames human dignity.74 Given these broad restrictions, many individuals and organizations
prefer to host their websites outside the country.75
69
InstituteforWar&PeaceReporting,TashkentSpookedbyWebInterestinArabProtests,Newsbriefing,February24,2011,
http://iwpr.net/reportnews/tashkentspookedwebinterestarabprotests.
70
JillianC.York,ThisWeekinCensorship:Syrian,MoroccanBloggersUnderFire;NewCensorshipinUzbekistan,Electronic
FrontierFoundation,March1,2012,https://www.eff.org/deeplinks/2012/02/weekcensorshipbloggerthreatssyriamorocco
uzbekcensorship;SarahKendzior,CensorshipasPerformanceArt:UzbekistansBizarreWikipediaBan,TheAtlantic,February
23,2012,http://bit.ly/zpyytP.
71
Uztelecom,","accessedJuly30,2013,http://bit.ly/15CvbSH.
72
UzDaily,"ZTECorporationExpandsCooperationwithUzbekistan,"November1,2011,http://www.uzdaily.com/articlesid
16308.htm.ButZTEisoftenaccusedoffacilitatinginternetcensorshipandsurveillanceworldwide.SeeMadelineEarp,"China
notmostcensored,butmaybemostambitious,"May2,2012,http://bit.ly/IUL7Yj.
73
Seethe"ViolationsofUsersRights"below.SeeTaxCodeofRU,SZRU(2007)No.52(II),atArts.208(33),211(7),211(9),
230(part2,5),269(1516),and355(13).
74
Regulation""[OnAdoptionof
theTermsofProvisionofAccesstotheInternetNetworkinPublicPointsofUse],promulgatedbyOrderoftheCommunications
andInformationAgencyofUzbekistanNo.216,July23,2004,SZRU(2004)No.30,item350.
75
Accordingtogovernmentfigures,onlyabout30percentofwebsiteswith.uzdomainnameswerehostedonserversbased
inUzbekistanasofDecember2011.SeeUzinfocom,""OnlyNumbers,January5,2012,http://bit.ly/1hbO2sN.
UZBEKISTAN

The government has also placed political pressure on mobile phone operators. In March 2011, amid
growing unrest in the Middle East, regulators demanded that operators notify the government of
any attempts to circulate mass text messages with suspicious content and reportedly warned that
the providers would be required to shut down internet connections provided to mobile users at the
authorities request.76
Several government-linked entities monitor and control online communications, though the opaque
system offers few details on how decisions are made or what websites are blocked at any given
time. The Center for the Monitoring of the Mass Communications Sphere, which is integrated into
the structure of the State Committee on CITT, takes various measures to maintain compliance with
national legislation that restricts free expression.77 Its key objectives are to analyze the content of
information disseminated online and ensure its consistency with existing laws and regulations.78
Based on its systematic monitoring of online content, the center has contributed to the takedown of
independent websites.79
In August 2011, the government created a new secretive bodythe Expert Commission on
Information and Mass Communicationsto oversee online controls, including the work of the
Monitoring Center.80 The commission is not independent and must submit quarterly reports to the
Cabinet of Ministers.81 Furthermore, its membership is not made public,82 although the body is
reportedly comprised exclusively of government employees.83 The new commission is mandated to
evaluate online publications and determine if they (1) have a destructive and negative
informational-psychological influence on the public consciousness of citizens; (2) fail to maintain
and ensure continuity of national and cultural traditions and heritage; or (3) aim to destabilize the
public and political situation, or commit other potential content violations.84
The commission also assesses publications referred to it by the Monitoring Center or other state
bodies, including the courts and law enforcement, drawing on a designated pool of government-
76
MuratSadykov,UzbekistanTightensControloverMobileInternet,Eurasianet.org,March15,2011,
77
ZhannaHrdegen,TheFutureofInternetMediainUzbekistan:TransformationfromStateCensorshiptoMonitoringof
InformationSpacesinceIndependence,inEricFreedmanandRichardSchafer(eds.),AftertheCzarsandCommissars:
JournalisminAuthoritarianPostSovietCentralAsia(TheEurasianPoliticalEconomyandPublicPolicyStudiesSeries,Michigan
StateUniversityPress,April2011),99121.
78
Paragraph1,RegulationNo.555,OntheMeasuresofImprovingtheOrganizationalStructuresintheSphereofMass
Telecommunications,adoptedbytheCabinetofMinistersofUzbekistanonNovember24,2004,viaOpenNetIntiative,
Uzbekistan,December2010,http://opennet.net/research/profiles/uzbekistan#footnote37_1d627h4.
79
AnewswebsiteInformator.uzwasshutdownin2007.See,PochemuzakritonezavisimoeSMIUzbekistana
Informator.Uz?WhytheindependentmassmediaofUzbekistan,Informator.Uz,isclosed?,September20,2007,
www.uforum.uz/showthread.php?t=2565.SeealsoFreedomontheNet2013:Uzbekistan,regardingthecaseof
www.eDoctor.uz.
80
ResolutionoftheCabinetofMinistersRU,"
"OnSupplementaryMeasuresfortheImprovementoftheMonitoringSystemfortheSphere
ofMassCommunications,No.228,5August2011,SZRU(2011)No.3233,item336.
81
Ibid.,atAnnexII,Art.31.
82
Ibid.,AnnexI,containingalistoftheCommission'smembers,isnotmadepublic.
83
ReportersWithoutBorders,Uzbekistan,EnemiesoftheInternet2012.
84
ResolutionoftheCabinetofMinistersRU,No.228,atArt.1andAnnexII,Art.5.Seenote50above.
UZBEKISTAN

approved experts.85 The experts submit reports to the commission, whose members then vote on
whether or not a violation has been committed. If a violation is found, the decision becomes the
basis for action to be taken by state bodies, including courts, and by other organizations,
presumably private ISPs.86 There are no procedures in place that require notification of those whose
content is affected by the decision or that grant them an opportunity to defend the speech in
question, nor is there a clear avenue to appeal the decision after it is made. As of April 2013, the
Commission appeared to be functioning but little information on its activities is available. The
broadly defined violations and wide discretion granted to the commission raised concerns of how it
could be used to suppress or punish free speechincluding ordering ISPs to delete content or
encouraging the arbitrary imprisonment of bloggersparticularly given the Uzbek governments
track record of politically motivated censorship.87
Self-censorship is pervasive, given the governments tight controls over the media and harsh
punishment of those who report on topics deemed taboo, including criticism of the president,
revelations about corruption, or health education.88 Given the governments history of harassing
traditional journalists, as well as their families, many online writers are cautious about what they
post.
The editorial direction of the online versions of state-run news outlets is often determined by
unofficial guidelines from the government. In an apparent effort to develop the countrys media
and information society, President Karimov signed a decree in December 2011 that extends tax
preferences to media outlets. Taking effect on January 1, 2012, the decree exempts media services
from the value added tax (VAT) and decreases the single tax payment required of media
organizations from six to five percent, among other changes.89 While the decree purportedly aims
to strengthen public control over the activities of state power and control,90 observers have noted
that without an overall change in the regimes attitude to independent media, the new benefits will
unlikely have a meaningful effect on freedom of speech in the country.91
According to the website rating firm Alexa, international social media websites like Facebook,
YouTube, and Twitter, as well their Russian equivalents, are among the most visited websites in
Uzbekistan. The most popular social-networking site in Uzbekistan is the Russian
Odnoklassniki.ru, which became available in the Uzbek language in December 2012.92 Facebook is
85
Ibid.,atArt.1andAnnexII,Art.14.
Ibid.,atAnnexII,Arts.26and29.
87
Forthedetaileddiscussionofthegovernmentalregulationofspeechonideologicalgrounds,see:ZhannaKozhamberdiyeva,
FreedomofExpressionontheInternet:ACaseStudyofUzbekistan,ReviewofCentralandEastEuropeanLawVol.33(1)
2008,95134.
88
Uznews.net,""TheBestMedicalWebsiteisGoingtobeShutDown
inUzbekistan,March25,2010,http://www.uznews.net/news_single.php?lng=ru&cid=30&sub=&nid=13072;CatherineA.
Fitzpatrick,Uzbekistan:AIDSActivistReleased,ButOtherHumanRightsDefendersHarassed,September6,2011,
89
AlastairCarthewandSimonWinkelmann,UzbekistanOverview,KonradAdenauerStiftungMediaProgrammeAsia,last
updatedMay24,2012,http://www.kas.de/medienasien/en/pages/10117/.
90
PresidentofUzbekistanProvidesTaxPreferencestoMedia,TheJournalofTurkishWeekly,December31,2011,
http://www.turkishweekly.net/news/129114/presidentofuzbekistanprovidestaxpreferencestomedia.html.
91
IREX,Uzbekistan.
92
TopSitesinUzbekistan,Alexa.com,accessedMay1,2012,http://www.alexa.com/topsites/countries/UZ.
86
UZBEKISTAN

ranked second with over 120,000 members from Uzbekistan by April 2012, a notable increase
from the year before.93
As social-networking sites and blogging platforms have grown in popularity, the government has
adopted a new approach to influence the information circulated on them by creating and promoting
Uzbek alternatives to popular global or regional brands. In 2010, the state-run Uzinfocom Center
began creating a social media zone specifically geared toward users of the ZiyoNet intranet in
Uzbekistan. The zone includes a range of Web 2.0 applications, including Id.uz (a socialnetworking site), Fikr.uz (a blog-hosting platform), Utube.uz (a video-sharing platform), Smsg.uz
(an instant messenger service), and Desk.uz (a site for personal widgets). Access to these
applications requires users to register either as an anonymous user or with their passport details.
Although for the moment the zones applications remain less popular than international brands, as
of April 2013, 35,792 people had registered at Id.uz.94 Uzinfocom Centers close relationship to
the government has also raised concerns over the pressure the applications may receive from the
authorities to censor and monitor users.
Besides the social media zone aimed at ZiyoNet users, two other social-networking websites were
created in recent years with government support.95 The more popular of the two, Muloqot.uz
(meaning dialogue), was launched in September 2011 in an apparent effort to offset the growing
influence of Facebook.96 It is open only to Uzbek citizens residing in Uzbekistan, and at least one
incident of censorship has been reported.97 On the first day the social network was launched, staff
of the Uzbek service of RFE/RL reportedly registered accounts and posted RFE/RL content,
which is usually blocked, to a general wall. According to their reports, within 15 minutes, their
profiles were deleted.98
The blogosphere in Uzbekistan is weak, largely of entertainment character, and, due to the
repressive environment, unable to significantly facilitate public discourse on political and social
issues.99 A handful of blogs critical of the regime are run by Uzbek dissidents (for example:
Jahonnoma.com, Turonzamin.org, Fromuz.com) or are affiliated with independent online news
sites like Uznews.net or Fergananews.com. Since its establishment in January 2012, a forum at
Choyxona.com has become somewhat popular, with around 1,400 threads, 55,000 posts, and 620
members as of May 2013. It is run by the former editors of Arbuz.com, a forum site that was
suspended in 2011 after Uzbek authorities arrested several of its users.
93
UzbekistanFacebookStatistics,SocialBakers,accessedMay1,2012,http://www.socialbakers.com.
Uzinfocom,""OnlyNumbers,April2013,http://www.uzinfocom.uz/ru/news/406.
95
UzACI,"."[NationalinformationResourcesareDeveloping
UzA],whichreportsonthecreationofhttp://my.olam.uz/withsupportofUztelecom,
http://www.aci.uz/ru/news/about_ict/article/1079/.
96
"ManifestoftheCommunityMuloqot.Uz,"Muloqot,accessedMay1,2012,http://muloqot.uz/help/about.
97
FreedomHouse,UzbekistanLaunchesGovernmentRunSocialNetworkingSiteonAnniversaryofIndependence,Freedom
Alert,August31,2011,http://bit.ly/KgeA1F.
98
LukeAllnutt,UzbekistanLaunchesItsOwnFacebook,ExceptItsNotForEveryone.
99
SarahKendzior,"DigitalFreedomofExpressioninUzbekistan:AnExampleofSocialControlandCensorshipinthe21st
Century,"NewAmericaFoundation,July18,2012,
http://newamerica.net/publications/policy/digital_freedom_of_expression_in_uzbekistan.
94
UZBEKISTAN

Although there were no significant cases of political mobilization via social media, these tools have
been important for exposing and disseminating information related to human rights abuses. In May
2005, for example, videos documenting Uzbek security forces opening fire on unarmed protesters
in Andijan were uploaded to YouTube and regular updates were posted on Arbuz.com,
contributing to international condemnation of the incident.

The environment for internet users rights in Uzbekistan is already one of the most restrictive in
the region, with the government employing extensive surveillance measures to monitor online
activity, as well as frequently using trumped-up charges to target individuals who publish material
online that is deemed counter to the governments interests. In September 2012, Uztelecom began
systematically blocking access to proxy servers. In January 2013, the editors of Olam.uz, a popular
news website, chose to take the site offline after Uzbek authorizes charged them with various
crimes, reflecting the degree to which the government continues to exert control over outlets that
report on sensitive topics.
The constitution of Uzbekistan guarantees the right to freedom of expression (Article 29) and
freedom of the mass media (Article 62). It also prohibits censorship (Article 62). In practice,
however, these constitutional rights are not fulfilled and severely restricted by laws and
governmental regulations. Judges lack the independence and impartiality needed to ensure the
constitutional protection of speech.100
The 1997 law On Mass Media was amended in 2007 with the purpose of altering the definition of
the press to include websites in generally accessible telecommunication networks.101 This law
neither defines nor establishes clear criteria for what is a news-oriented website; a website is
described as an electronic means of disseminating information to the general public not less
frequently than once a period of six months.102 In order to be regarded as part of news media,
websites are required to obtain an official registration certificate in a procedure similar to that
required for traditional news media outlets.103 This procedure is generally known to be contentbased, arbitrary, and inhibits editors and readers from exercising their freedom of expression.104
Applications for press certificates are supposed to include details such as the website's digital media
title, founder(s), language, aims and purposes, content specialization, domain name, sources of
100
JointResolutionofthePlenumsoftheSupremeCourtandHigherEconomicCourtRU""[OntheJudicial
BranchofPower]No.1,20Dec.1996,asamendedonDecember22,2006(No.14/151),atpara.3(justifyingtherulethatall
judgesareappointedbythePresidentofUzbekistan).
101
LawRU""["OntheMassMedia"]No.541I,adoptedDecember26,1997,asamended
onJanuary15,2007,SZRU(2007)No.3,item20,atArt.4.
102
Ibid.
103
ResolutionoftheCabinetofMinistersRU"
"[OntheFurtherDevelopmentoftheProcedureforState
RegistrationoftheMassMediaintheRepublicofUzbekistan]No.214,October11,2006,inSPRU(2007)No.14,item141,at
Art.8.
104
UNHumanRightsCommittee,MavlonovandSa'div.theRepublicofUzbekistan,CommunicationNo.1334/2004,Views
adoptedonApril29,2009,UNDoc.CCPR/C/95/D/1334/2004,atparas.2.6,2.11and8.3.
UZBEKISTAN

financing, editor(s), address of an editorial office, as well as affiliation of the founder(s) or editor(s)
with other mass media outlets.105 Journalists or non-media professionals affiliated with registered
online news media outlets are awarded certain rights and must abide by statutory conditions that
are applicable to professional journalists, arguably creating, in practice, an environment where
journalists' key responsibility is "loyalty to the regime."106 As of December 2011, there were about
160 private websites registered as mass media in Uzbekistan.107
The legislation regulating the exercise of freedom of expression applies equally to traditional news
media outlets and the internet. Due to the 2007 amendments, the law "On the Mass Media" is
applicable to overseas news media outlets whose content is accessible from within the territory of
Uzbekistan.108 No cases of this law being invoked by Uzbek courts against foreign websites have
been reported so far. In addition, some laws have been used to punish individuals for posting or
accessing content deemed to violate vague information security rules.109 Under the criminal code,
slander (Article 139) and insult (Article 140)including of the president (Article 158)are
criminal offenses that also apply to online content, as do provisions that punish activities such as
dissemination of materials posing a threat to public safety. Both slander and insult are punishable
with fines ranging from 50 to 100 times the minimum monthly wage, correctional labor of two to
three years, arrest of up to six months, or detention for up to six years.110
Beginning in 2010, online journalists have been prosecuted under charges of libel, defamation, and
insult,111 as well as for the production, storage, and propagation of materials inciting national,
racial, or religious animosity.112 However, no such incidents took place in the reported period.
On January 19, 2013, Olam.uz, which at the time was Uzbekistan's second most-visited news site,
chose to go offline for "technical reasons," according to its Facebook page. However, as
independent sources report, the Uzbek authorities had opened up proceedings against its editor-inchief and the website owner, the Tashkent-based LLC Mobile Mass Media.113 Charges included
such offences as the infringement of copyright and patent law, high treason, encroachment upon the
constitutional order, espionage, subversive act, loss of documents containing state or military
secrets, and robbery. At the time of its disconnection, Olam.uz was reporting extensively about the
Uzdunrobita (MTS-Uzbekistan) case and was allowing readers to leave comments on every article
published.
105
ResolutionoftheCabinetofMinistersRUNo.214,note109above,atAnnexII.
OliviaAllison,"LoyaltyintheNewAuthoritarianModel:JournalisticRightsandDutiesinCentralAsianMediaLaw,"inEric
FreedmanandRichardSchafer(eds.),AftertheCzarsandCommissars:JournalisminAuthoritarianPostSovietCentralAsia(The
EurasianPoliticalEconomyandPublicPolicyStudiesSeries,MichiganStateUniversityPress,April2011),143160,at154155.
107
ParliamentRU,""[MeasuresSupportingIndependentMassMedia],December
28,2011,http://www.parliament.gov.uz/ru/analytics/5051?sphrase_id=12000.
108
LawRU"OntheMassMedia,"atArt.2.
109
ZhannaKozhamberdiyeva,FreedomofExpressionontheInternet:ACaseStudyofUzbekistan.
110
Article139andArticle140,CriminalCodeoftheRepublicofUzbekistan,http://bit.ly/1aA516n.
111
ForthecasesofVladimirBerezovsky,AbdumalikBoboyev,andViktorKrymzalov,seeFreedomoftheNet2012:Uzbekistan.
112
ForthecaseofElenaBondar,seeFreedomoftheNet2012:Uzbekistan.ElenaBondarwasgivenrefugeestatusinKyrgyzstan
inMay2013.
113
Uznews.net,"Uzbekolam.uznewssiteshutdown,staffaccusedofhightreason,"January29,2013,http://bit.ly/19KDiic;Id.,
"Isolam.uztryingtohideitscriminalcharges?",February1,2013,http://bit.ly/18eYayZ.
106
UZBEKISTAN

As of April 2013, two Uzbek online journalists remained in jail, ostensibly on fabricated criminal
charges. Solidzhon Abdurakhmanov, a reporter for the independent news website Uznews.net,
continues to serve a 10-year sentence imposed in October 2008 for allegedly selling drugs. Prior to
his arrest, he had reported on human rights and economic and social issues, including corruption in
the Nukus traffic police office, which fueled suspicions that the drug charges were trumped-up and
in retaliation for his reporting.114 Dilmurod Saiid, a freelance journalist and human rights activist, is
serving a 12.5 year sentence imposed in July 2009 on extortion charges. Before his detention, he
had reported on government corruption in Uzbekistan's agricultural sector for local media and
independent news websites.115 No new cases of prison sentences were documented between
January 2011 and April 2013.
The authorities have also used various forms of arbitrary detention and intimidation to silence
online critics. In November 2011, the government released Jamshid Karimov, an independent
journalist and nephew of the president, from a psychiatric hospital where he had been kept against
his will since September 2006. Prior to his detention, he regularly published articles on online
websites, including about human rights abuses in Uzbekistan. He is widely believed to have been
detained in retaliation for his journalistic activity. In January 2012, he suddenly disappeared again
and his whereabouts remain unknown as of April 2013.116
While there have been no reports of government agents physically attacking bloggers or online
activists, the National Security Service (NSS) has been known to employ various intimidation tactics
to restrict freedom of expression online. For example, in June 2011, there were reports of NSS
officers confiscating electronic media devices at the airport, checking browsing histories on
travelers laptops, and interrogating individuals with a record of visiting websites critical of the
government.117
The use of proxy servers and anonymizers remains a very important tool and the only way to access
content blocked in Uzbekistan. However, in September 2012, Uztelecom started a centralized and
permanent blocking of proxy servers and websites enlisting free proxies without a web interface.118
At the same time, the use of both proxies and anonymizers require computer skills beyond the
capacity of many ordinary users in Uzbekistan.
114
GovernmentincreasespressureonUzbekjournalists,CommitteetoProtectJournalists,February17,2010,
http://cpj.org/2010/02/governmentincreasespressureonuzbekjournalists.php.
115
Uzbekappealscourtshouldoverturnharshsentence,CommitteetoProtectJournalists,September3,2009,
http://cpj.org/2009/09/uzbekappealscourtshouldoverturnharshsentence.php;Seealso,"
?"[WillDilmuradSaiidreceivejustice?],Uznews.net,April2,2010,
116
Jamshidhastherightstolivefreely!HumanRightsSocietyofUzbekistan,January20,2012,
http://en.hrsu.org/archives/1367;Uzbekistan:UPDATEHumanrightsdefenderreleasedfromforcibledetentionin
psychiatrichospital,FrontLineDefenders,November30,2011,http://www.frontlinedefenders.org/node/16704.
117
Fargonaaeroportidayolovchilarnoutbukitekshirilmoqda[AttheFerghanaAirport,theLaptopComputersofPassengers
AreBeingChecked],Ozodlik.org,June2,2011,
http://www.ozodlik.org/content/fargona_aeroportida_yolovchilar_noutbuki_tekshirilmoqda/24212860.html.
118
Uznews.net,","10October2013,
UZBEKISTAN

The space for anonymous online communication in Uzbekistan is steadily shrinking. As mentioned
above, the year 2011 saw the closure of Arbuz.com, one of the countrys most important online
forums for anonymous discussion, after the arrest of several users. The sites founder told media
that several people who had been active contributors to a forum about Kyrgyz-Uzbek ethnic clashes
in 2010 had been detained.119 According to some reports, the NSS had tracked them through their
internet protocol (IP) addresses.120 Increasingly, few options remain for posting anonymous
comments on other online forumssuch as Uforum.uz,121 which is administered by the state-run
Uzinfocom Centeras individuals are increasingly encouraged to register with their real names to
participate in such discussions.122 Individuals must also provide a passport to buy a SIM card.123
There are no explicit limitations on encryption, though in practice, the government strictly
regulates the use of such technologies.124
Although Article 27 of the constitution guarantees the secrecy of written communications and
telephone conversations, there is no data protection legislation in Uzbekistan. The government
employs systematic surveillance of internet and ICT activities, including the e-mail correspondence
of Uzbek political activists and comments in online forums. A 2006 Resolution of the President
authorizes the NSS to conduct electronic surveillance of the national telecommunications network
by employing a system for operational investigative measures (SORM), including for the purposes
of preventing terrorism and extremism.125 The state-owned telecommunications carrier
Uztelecom, private ISPs, and mobile phone companies are required to aid the NSS in intercepting
citizens communications and accessing user data. This includes a requirement to install SORM
equipment in order to obtain an ISP license.126 ISPs face possible financial sanctions or license
revocation if they fail to design their networks to accommodate electronic interception.
The scope of violations against digital media users privacy is difficult to evaluate amid government
secrecy and a provision in the Law on Telecommunications that prohibits service providers from
disclosing details on surveillance methods.127 Moreover, there is no independent oversight to guard
against abusive surveillance, leaving the NSS wide discretion in its activities.128 Adopted on
119
Uzbekchatroomclosespoliticaltopicsaftergovernmentpressure,Uznews.net,February9,2011,
http://www.uznews.net/news_single.php?lng=en&cid=3&sub=&nid=16297.
120
IWPRWebUseSpiralsinUzbekistanDespiteCurbs,newsbriefing,January3,2012,http://bit.ly/sqYKRF.
121
UForum.uz,""[TermsofUse],athttp://uforum.uz/misc.php?do=cfrules.
122
U.S.DepartmentofState,Uzbekistan,CounterReportsonHumanRighstPracticesfor2011,p16,
http://www.state.gov/documents/organization/186693.pdf.
123
MTCUzbekistan,Howtosubscribe,http://www.mts.uz/en/join/.
124
ResolutionofthePresidentRU"mR
"[OnOrganizationalMeasuresforCryptographicProtectionofInformationintheRepublicofUzbekistan]No.
614,April3,2007,SZRU(2007)No14,item140,atArt.1.
125
"[OnMeasuresforIncreasingtheEffectivenessof
OperationalandInvestigativeActionsontheTelecommunicationsNetworksoftheRepublicofUzbekistan]No.513,
November21,2006,atPreambleandArts.23.
126
Ibid.,atArt.5.8.Infra.,note110.Also,taxandcustomexemptionsapplyforimportoftheSORMequipmentbydomestic
ISPs,seeTaxCodeofRU,atArts.208,211,230part2,and269.
127
LawRU,"OnTelecommunications,"atArt.18.
128
ResolutionofthePresidentRU,note108above.See,CriminalProceduralCodeofRU,VedomostiOliyMazhlisaRU(1995)
No.12,item12,atArt.339part2,"TasksofInvestigation,"andArt.382,"CompetencesoftheProsecutor."Resolutionofthe
PresidentRUNo.513,note87above,atArt.4.
UZBEKISTAN

December 26, 2012, a long-awaited law on "Operational and Investigative Activity" failed to give
more guarantees against abusive state surveillance of telecommunications networks.129 According to
Articles 16 and 19 of this law, content intercepted via surveillance of telecommunications networks
is admissible as evidence in court.
Since July 2004, cybercafes and other providers of public internet access have been required to
monitor their users and cooperate with state bodies, an obligation that is generally enforced. Uzbek
security agents stepped up surveillance of cybercafes after violent clashes between ethnic Kyrgyz
and Uzbeks took place in Kyrgyzstan during the summer of 2010.130
In March 2012, the president signed a resolution On measures for the further implementation and
development of modern information-communication technologies, which outlines a stage-by-stage
plan for the establishment of a national information system integrating the information systems of
state bodies as well as individuals between 2012 and 2014.131 The announcement raised concerns
that the integrated system might enable greater state surveillance of user activities.
A few distributed denial-of-service (DDoS) attacks were reported in January 2013. First, the
official website of the National Movement of Uzbekistan, Uzxalqharakati.com, was attacked for the
third time since its registration in May 2011.132 The attack paralyzed the website for several days.
Second, there were two DDoS attacks against the website of the Uzbek national radio and television
company, Mtrk.uz. The hacker group Clone-Security claimed to be behind the DDoS attacks for
politically motivated reasons, and launched the attacks from within Uzbekistan.133
In 2005, the government established the Computer Emergency Readiness Team (UZ-CERT) as an
operational arm of the State Committee on the CITT dealing with cybercrime.134 UZ-CERT
cooperates with law enforcement bodies to prosecute cybercriminals, and the criminal code
contains several provisions addressing these issues in a section dedicated to information technology
crimes.135
129
LawRU"O"[OnOperationalandInvestigativeActivity]No.344,December
26,2012,SZRU(2012)No.52(552),item585,atArts.16,19.
130
AttacksonthePress2010:Uzbekistan,CommitteetoProtectJournalists,February15,2011,
http://www.cpj.org/2011/02/attacksonthepress2010uzbekistan.php.
131
"[OnMeasuresontheFurtherImpelmentationandDevelopmentofModernInformation
andCommunicationTechnologies],No.1730,21March2010,SZRU(2012),13(513),item139,atAnnexII.
132
133
134
"[OnFurtherMeasuresSupportingtheMaintenanceofInformationSecurityof
theNationalInformationandCommunicationSystems],No.167,September5,2005,atPreambleandArts.2and7.
135
Ibid.,atAnnexII,Art.8.See,CriminalCodeArticle2781"ViolationoftheRulesofInformatization";Article2782"Illegal
(Unsanctioned)AccesstoComputerInformation";Article2783"ProductionandDisseminationofSpecialToolsforIllegal
(Unsanctioned)AccesstoComputerInformation";Article2784"ModificationofComputerInformation";andArticle2785
"ComputerSabotage."
UZBEKISTAN
VENEZUELA
2012

Total (0-100)
2013
PARTLY PARTLY
FREE
FREE
15
14
19
48
16
16
21
53


Disruptions of internet service occurred at crucial times in Venezuela during 2012 and
2013, most notably during the April 14th presidential election and the subsequent
count of electoral votes (see LIMITS ON CONTENT).
The websites of key opposition candidate Henrique Capriles Radonsky and
independent news sites were blocked during the October 7th presidential election (see
LIMITS ON CONTENT).
In 2012 and 2013, the Venezuelan government increased its efforts to identify social
media users who had posted objectionable information online, especially concerning
social and political issues (see VIOLATIONS OF USER RIGHTS).
Bloggers and journalists writing about President Chavezs healthor subsequent
deathwere subject to increasing harassment and intimidation by government
supporters in 2012 and 2013 (see VIOLATIONS OF USER RIGHTS).
Politically-motivated cyberattacks and hijackings of social media accounts increased in
2012 and 2013 (see VIOLATIONS OF USER RIGHTS).
VENEZUELA

INTRODUCTION
In a country where all government branches act in compliance with the interests of the ruling party,
ensuring a hegemonic ICT system characterized by informational opacity,1 the Venezuelan people
widely use the internet to participate in social networks.2 Recent tensions regarding the death of
President Hugo Chvez and the oppositions contestation of newly elected President Nicolas
Maduro have resulted in increased use of digital media in Venezuela.3 In response to the popularity
of such technology among the general population as well as the political opposition, the
government has begun to expand its control of the internet.4
As government opponents have made their opinions known via global platforms, Chvezs ruling
United Socialist Party of Venezuela (PSUV) has increased its efforts to influence online discussions
and to restrict online content. In 2012 and early 2013, harassment increased, targeting those
critical of government. Sporadic blocking of opposition and independent news websites, as well as
cyberattacks and hackings that temporarily disabled such sites, became a problematic trend. Such
actions witnessed a surge at times of heightened political sensitivity and were particularly
pronounced surrounding presidential elections and speculation over the health of President Chavez.
Among the most disturbing developments of 2012 and 2013 were incidents of cyberattacks focused
on critical media, the usurpation of the Twitter profiles of political activists, and the rise of
anonymous Twitter accounts. Such accounts have emerged as a new tool by which to pursue legal
action against government critics. Although there is often no evidence that members of the
opposition are, in fact, the authors of such sites, objectionable content posted online is attributed to
them and used to justify their arbitrary detention.5
The internet arrived in Venezuela in 1992. The first commercial internet service providers (ISPs)
were granted licenses by the National Telecommunications Committee (CONATEL) in 1996.6
While the 1999 constitution obligates the State to provide the public with access to new
information and communication technologies (ICTs),7 the Organic Law of Telecommunications
1
InformationregardingPresidentChvezshealthhasbeensporadicandhascomeonlyfromVicePresidentMaduroand
MinisterofCommunicationErnestoVillegasratherthanfromanindependentteamofphysicians.See:AccesstoHealth
InformationfromtheHeadsofState(RegionalAllianceforFreeExpressionandInformation),http://transparencia.org.ve/wp
content/uploads/2013/01/SaludyPresidentesAlianzaRegionalLDE.pdf.InthedaysbetweenhisreturntoVenezuelaandhis
death,theonlyevidencethatPresidentChavezwasaliveconsistedofanofficialreportandthreetweetsallegedlysentby
Chavezonthedayhereturnedtohiscountry.See:UltimasNoticias,ChvezTuitea,[ChvezTweets],ltimasNoticiasonline,
Feb18,2013,http://www.ultimasnoticias.com.ve/noticias/actualidad/politica/chavezyatuitea.aspx.
2
TendenciasDigitales,InternetStatisticsinVenezuela2012,presentedintheframeworkoftheeventStateoftheInternetin
VenezuelaanditsImpactonBusiness,Caracas,May2012.
3
LauraVidal,VenezuelaTuitsyEtiquetasElectorales,[VenezuelaElectionTweetsandTags]GlobalVoicesonline,October8,
2012,http://es.globalvoicesonline.org/2012/10/07/venezuelatuitsyetiquetaselectorales/.
4
EspacioPblico,AtaquesInformticosSacudenlasRedesSocialesenelPas,[HackingShakesSocialNetworksinthe
Country]October16,2012,http://bit.ly/15Az8pL.
5
InvestiganPresuntaInstigacinalTerrorismoenTwitter,[InvestigationintoAllegedIncitementtoTerrorismonTwitter]
ltimasNoticiasonline,January8,2013,http://bit.ly/WtJ3IH.
6
UNDP,LasTecnologasdeInformacinyComunicacinalServiciodelDesarrollo[InformationandCommunication
TechnologiesforDevelopment](Caracas:UNDP,2002),249.
7
See:Article108andArticle110oftheVenezuelanConstitution:http://www.tsj.gov.ve/legislacion/constitucion1999.htm.
VENEZUELA

(reformed in December 2010) declares ICT an area of state interest.8 Although privately owned
companies do exist, the state dominates the internet market through the National Telephone
Company of Venezuela (CANTV). Investment in and expansion of the private ICT sector are
complicated by disadvantageous competition with CANTV, foreign currency exchange control, and
the difficulty private companies face when they attempt to repatriate their earnings.9
OBSTACLES TO ACCESS
By the end of 2012, internet penetration in Venezuela had reached 44 percent.10 This figure
excludes internet connections mediated by mobile phones, for which there are no official numbers,
indicating that penetration may be even higher.11 Over 95 percent of the approximately 3.7 million
internet subscriptions in Venezuela were broadband, evidence of a substantial shift from dial-up to
broadband technology.12 According to data provided by the consultancy firm Tendencias Digitales
(Digital Tendencies), more than 50 percent of internet users in Venezuela are under 25 years old.
The majority of internet connections come from households (71 percent), followed by internet
cafes (30 percent) and mobile phones (21 percent).13 Venezuelans use the internet primarily to visit
social networksthere are nearly 10 million Venezuelan Facebook users and over 3 million
Twitter users14to read the news, and to search for information. Key topics disseminated and
debated through this medium include politics and news.15 There are no special restrictions on the
opening of cybercafs in Venezuela.
The most substantial obstacles to internet access in Venezuela are lack of service availability, slow
connection speed, geographic isolation in rural areas, low computer literacy, and the expense of
necessary equipment. The cost of access itself is likely a less significant obstacle, however service
remains poor. The regional divide in internet access in Venezuela is noteworthy. Penetration
exceeds 90 percent in the Capital District and Miranda State, while in poorer states such as
8
InJuly2008,aplantoreformthelawwasmetwithgreatopposition.Asaresult,themeasurewasnotintroducedorapproved
intheNationalAssemblyuntilDecember2010.
9
TherepatriationofcapitalissubjecttoauthorizationbytheCurrencyAdministrationCommission(Cadivi),whichinmostcases
eitherdoesnotprocessitordoessowithsignificantdelay.
10
ITU,TimeSeriesbyCountry(20002012)PercentageofIndividualsUsingtheInternet,ITUWorldDataStatistics,
11
VicepresidenciadelaRepublicaBolivarianaVenezuela,EstadisticadeTelecommunicacionesalCierredelIVTrimestrede
2012[TelecommunicationSectorStatisticsattheEndof2012],AccessedFebruary27,2013,
http://conatel.gob.ve/#http://conatel.gob.ve/index.php/principal/presentacionresultados.Insomeareastradersalsoresell
individualconnectionsthroughrouters,indicatingthatthepercentageofthepopulationaccessingtheinternetmaybeeven
higherthanofficialfiguressuggest,althoughtheincidenceofresoldconnectionswouldbeimpossibletomeasure.Seealso:La
Nacin,Venezuela:MedalladeOroenUsodeInternet?[Venezuela:GoldMedalinInternetUse?],LaNacinonline,August
7,2012,http://www.lanacion.com.ve/tecnologia/venezuelamedalladeoroenusodeinternet/.
12
2012[TelecommunicationSectorStatisticsattheendof2012],AccessedFebruary27,2013,http://bit.ly/1azPe7A.
13
TendenciasDigitales,InternetStatisticsinVenezuela2012,PresentedintheframeworkofStateoftheInternetin
VenezuelaandItsImpactonBusiness,Caracas,May2012.
14
SocialBakers,FacebookStatisticsbyCountry,AccessedJanuary13,2013,http://www.socialbakers.com/facebook
statistics/;Seealso:Twven,FacebookyTwitterenVenezuela,Twven(blog),http://twven.com/twittervenezuela/facebooky
twitterenvenezuela/.
15
ElUniversal,FacebookyTwitterenVenezuela,ElUniversalonline,June25,2012,http://bit.ly/Q2TOBj.
VENEZUELA

Amazonas, Yaracuy, and Apure, penetration hovers around 15 percent.16 Connectivity in rural
areas has been further compromised by a severe electricity crisis that has led to rationing in every
city but the capital, Caracas. Regional disparities are also evident in the expansion plans of
telecommunications companies, which typically focus new investments on the capital and
surrounding areas.17
By the end of 2012, mobile phone penetration in Venezuela had exceeded 100 percent.18 This
figure does not necessarily reflect a population saturated with mobile technology, however. Some
Venezuelans have as many as three phones, each associated with a different mobile provider, in
order to ensure countrywide coverage. Over one third of Venezuelas mobile subscribers use
CDMA technology. Although the number of users with smart phones and data plans is growing,
currency exchange control and the devaluation of the Venezuelan bolivar have resulted in high
prices and a limited supply of advanced mobile phones.19 Those who do have smartphones typically
live in urban areas and have higher than average income levels.
Following its 2007 re-nationalization, a move that benefited CANTV significantly in regard to
currency controls, the company increased the countrys fiber-optic backbone infrastructure by 48
percent.20 While this figure reflects significant growth in broadband internet access, quality of
service remains poor. Venezuelas fixed broadband penetration and speed are lower than the
regional average and less than would be expected based on GDP per capita, which is higher in
Venezuela than in Latin America as a whole.21
Despite growth in internet and mobile phone use in recent years, development in the ICT sector
has slowed overall, and in some respects has slid backward since CANTVs re-nationalization.
Instead of being reinvested to improve ICT services, the earnings obtained by CANTV are reserved
for social programs in the health and education sectors.22 With 51.92 percent of internet
subscribers and a monopoly on ADSL service, CANTV dominates the fixed, mobile, and broadband
markets.23 The companys dominant position stifles competition, some of which comes from cable
16
2012[TelecommunicationSectorStatisticsattheendof2012],AccessedFebruary27,2013,http://bit.ly/18zRVXl.
17
InsideTelecom,Vol.IIINo.95,December19,2012(Excerptedfromcompanynewsletter;notavailableonline).
18
2012[TelecommunicationSectorStatisticsattheendof2012],p.6,AccessedFebruary27,2013,http://bit.ly/18zRVXl.
19
HebertoAlvaradoVallejo,MercadoMvilVenezolanoTendrSaborAgridulceen2013[2013MobileMarketinVenezuela
WillbeBittersweet],HormigaAnaltica,AccessedMay13,2013,http://bit.ly/1azPe7A.
20
Asastatecompany,CANTVenjoyspreferenceforCadiviscurrencyapprovals.See:CasetelChamberofBusiness
TelecommunicationsServices,OswaldoCisnerosSigueApostandoleaVenezuela:DigitelBuscaVasparaConsolidarseen3G,
[OswaldoCisnerosKeepsBettingonVenezuela:DigitelSeeksWaystoConsolidatein3G]June23,2010,
http://www.casetel.org/detalle_noticia.php?id_noticia=509.
21
Budde.com,VenezuelaTelecoms,Mobile,BroadbandandForecasts,Budde.com,July2012Publication,
http://www.budde.com.au/Research/VenezuelaTelecomsMobileBroadbandandForecasts.html.
22
MinisteriodeCienciayTecnologa,GobiernoNacionalHonraPagosdePrestacionesconDividendosdeCANTV[National
GovernmentHonorsBenefitPaymentswithDividendsfromCANTV],April4,2012,http://www.mcti.gob.ve/Noticias/14031;
Seealso:LuiginoBraci,LasPeoresVelocidadesdeInternetEstnenVenezuela?S,pero...[VenezuelahastheWorstInternet
Speeds?Yes,but],May31,2013,http://lubrio.blogspot.com/2012/05/laspeoresvelocidadesdeinternet.html.
23
AccordingtoaGoogleAnalyticsstudy,inSouthAmerica,onlyParaguayandBoliviahaveslowerconnectionspeedsthan
Venezuela.See:GoogleAnalytics,GlobalSiteSpeedOverview,April2012,http://analytics.blogspot.com.es/2012/04/global
sitespeedoverviewhowfastare.html;Seealso:(1)InternationalTelecommunicationsUnion(ITU),MeasuringtheInternet
VENEZUELA

modems, mobile broadband, and satellite connections.24 Inter, the company that places a distant
second in the market, offers a triple pack that includes cable television, cable modem, and
telephony.25
Although CANTVs connections are slow, its relatively low prices have given the company an edge
in the market. Private providers have had difficulty competing with CANTVs rates, a reality that
accounts in large part for the decline of the ICT sectors contribution to GDP.26 The lack of
competition has also reduced incentives for providers to retain high quality service or to expand
their offerings.27 In several recent cross-country studies assessing ICT trends over the past five
years, Venezuela is among the countries that have fallen farthest in the rankings relative to its
peers.28
While more people are now connected to the internet, the majority of the population has access
only to narrowband service.29 Nationally, CANTV offers a prepaid plan with a minimum
connection speed of 512 Kbps at a cost of about $10.50 per month, compared to a minimum wage
of about $324.30 The most popular plan, called ABA Para Todos (broadband for everyone) offers
a connection speed of 1.5 Mbps at a cost of $22.81 per month.31 In April, the president of CANTV
announced a new 4 Mbps plan at a cost of $79.20 per month, which represents nearly a quarter of
the minimum wage. In a May 2013 announcement, President Maduro announced that connection
speed would increase to 6Mbps, but this advancement has not yet come to fruition.32
The policies developed by CANTV to massively increase subscription rates have been detrimental
to quality of service, a development that has generated online campaigns from users.33 In early May
Society2011,March2012,http://www.itu.int/net/pressoffice/backgrounders/general/pdf/5.pdf;(2)InsideTelecom,LosTres
PotentesLiderazgosdeCantv[TheThreePowerfulLeadersofCANTV],November1,2012,http://bit.ly/U4OSRO.
24
HernanGalperin,PreciosyCalidaddelaBandaAnchaenAmericaLatina:BenchmarkingyTendencias[PricesandQualityof
BroadbandinAmerica:BenchmarkingandTrends],UniversidaddeSanAndrs(Argentina),2012, http://bit.ly/PsBDoY.
25
Budde.com,VenezuelaTelecoms,Mobile,BroadbandandForecasts,AccessedJanuary7,2013,http://bit.ly/1dPLzoe.
26
InsideTelecom,Volume7No.86(2011):Inlate2012,after14monthsofrequest,Movistarwasgiventheauthorityto
increaseitsratesfrom9%17%forannualinflation.Movilnet,foritspart,increased32.6%(excerptfromnewsletter;not
availableonline).
27
JorgeEspinoza,ArgumentosinSitudeLasOperadorasMvilesPrivadas:SmartphoneseInternetMvilSuplenCarenciasFijas
[ArgumentsinSituofPrivateMobilePhoneOperators:SmartphonesandMobileInternetFizedUnfilledGaps],InsideTelecom,
May25,2012.
28
KaiBucher,LasEconomiasLatinoamericanasTodaviaEstanAtrasadasenelAprovechamientodelasTecnologiasdela
Informacion...[TheLatinAmericanEconomiesareStillBehindintheUseofInformationTechnologies],WorldEconomic
Forum,20102011Report, http://bit.ly/gnrzob;Venezueladroppedfrom#74to#77onITUs2012Index.See:ITU,Measuring
theInformationSociety2012(Geneva:ITU,2012),http://bit.ly/1fyOEgO.
29
RaisaUrribarr:LaComunicacinAlternativaesAntihegemnica[AlternativeCommunicationisHegemonic],DiarioTalCual,
August11,2012,Reproducedonlineat:http://bit.ly/1bRqJXb.
30
ElUniversal,CantvMejoraVelocidaddeConexinaInternet[CantvImprovesInternetSpeed],ElUniversalonline,
September3,2012,http://bit.ly/REHRjy;CANTV,PlanesyServiciosdelServiciodeBandaAncha(ABA)[ServicePlansand
BroadbandServices],January2013,http://bit.ly/qlCVIQ;Seealso:ElUniversal,Apartirdehoyelsalariomnimoesde2047,48
Bs[StartingToday,theMinimumWageis2047.48Bs]SElUniversalonline,September1,2012,http://bit.ly/TIwBEy.
31
See:CANTVsConnectionPlans,AccessedMay27,2013,http://bit.ly/f42m4R.
32
RadioMundial,GobiernoNacionalAnunciaNuevaConexinABAde6Megas[GovernmentAnnouncesNewABA
Connectionof6Mbps],RadioMundialonline,May21,2013,http://bit.ly/13J2pRW.
33
Activism,CANTV:SolicitamosFormalmenteMejorarSignificativamentelasVelocidadesdeDownloadyUploaddelABAen
Venezuela[CANTV:FormalRequestsSignificantlyImprovetheDownloadandUploadSpeedsofABAinVenezuela],Activism
online,AccessedJanuary11,2013,http://bit.ly/1biXwVW;Netindex.comreportsthatinternetconnectioninVenezuelaisone
VENEZUELA

2013, on Internet Day, a group of activists launched a petition entitled For a Better Internet for
Everyone in Venezuela through Change.org. To date the document has been signed by
approximately 1,200 people.34
Substantial interruptions of telecommunication services, such as the fall of the entire .ve internet
domain, have begun to occur, however, Venezuelan authorities have not been forthcoming
regarding the root of the problem.35 CANTVs slow progress increasing Mbps (and consequently
internet speed) for fixed lines has elevated mobile internet to the point that it is now poised to take
half the market,36 yet while there are approximately 30 telecommunications operators in the
country, only three provide mobile phone services. Movistar, the Venezuelan unit of Spains
Telefnica, has nearly 10 million subscribers; Digitel, a locally owned private company, has
approximately 4 million subscribers; and CANTVs Movilnet, which leads the market, has 15.5
million subscribers out of a total of 29 million.37 A recent CANTV initiative, Buy Made in
Venezuela, which aims to give preference to locally produced cell phones manufactured by Vtelca
and Orinoquia in partnership with the Chinese firms ZTE and Huawei, has resulted in decreased
availability.38 Local manufacturers cannot satisfy national demand, and the states blocking of
foreign currency has made it difficult to import mobile phones from foreign manufacturers.39 Local
manufacturers cannot satisfy national demand, and the states blocking of foreign currency has
made it difficult to import mobile phones from foreign manufacturers.40 These two factors have
resulted in price speculation as well as a shortage of cell phones within the country.41
The networks run by private mobile phone service providers suffer from severe congestion and
require further development. Discriminatory currency controls, however, have forced these
providers to ration their services and to decrease investment in infrastructure.42 Digitel, Movistar,
and MovilMax (a WiMAX provider only available in the nation's capital city) plan to deploy
4G/LTE networks in 2013 and 2014.43 Public universities, such as the Universidad de Los Andes,
which were once leaders in the telecommunications field, have witnessed the deterioration of their
ofthemostexpensiveandslowestintheworld.See:BBCMundoonline,ComounPaisDesaparecedeInternet,[Howa
CountrysInternetDisappears]May2012,http://bbc.in/KEy5NO.
34
EspacioPblicoA.C.,PorunInternetdeCalidadParaTodosenVenezuela[ForaBetterInternetForEveryoneinVenezuela],
Change.org,May17,2013,https://www.change.org/esLA/peticiones/internetdecalidadparatodosenvenezuela.
35
Notitarde,FallaenelSistemanic.veMantieneSinServicioaTodoslosDominios.ve[SystemFailurenic.veRemains
WithoutService]May282012,http://bit.ly/19ehDgg.
36
VctorSurez,LaVergenzadeEstarSiempreenelMismoLugar,oMsAtrs:EstadodeInternetenVenezuela[The
ShameofBeingAlwaysinTheSamePlace,orFurtherBack:StateoftheInternetinVenezuela],InsideTelecom,August15,
2012,http://m.insidetele.com/index.php?article_id=6637399748013051426.
37
InsideTelecom,LosTresPotentesLiderazgosdeCantv[TheThreePowerfulLeadersofCantv],InsideTeleocmonline,
November1,2012,http://m.insidetele.com/index.php?article_id=5703104260882784216.
38
GobiernoBolivarianodeVenezuela,Menndez:Distribuidos328MilEquiposCelularesdeFabricacinNacional
[Menendez:Distributed328,000DomesticallyManufacturedCellPhones],MCTI,August2011,http://bit.ly/16TO4AL.
39
Rojas,Ingrid,FaltadeDivisasLimitImportacindeCelularesenelAo2012,[LackofCellularImportofLimitedCurrency
in2012],ElMundo,EconomayNegociosonline,January2,2013,http://bit.ly/12Wos6J.
40
Rojas,Ingrid,FaltadeDivisasLimitImportacindeCelularesenelAo2012.
41
InsideTelecom,Vol.XIIINo.41,November10,2012(newsletter;notavailableonline).
42
In2013,mostInternetplanswerenotavailablefornewactivations.Inter,whichoffersa10MBnavigationplan,isalsoclosed
fornewactivationsathighspeedandcurrentlyoffersonly1MB.Websitesofthethreecompanies,accessedJanuary10,2013:
http://bit.ly/19NJUeJ;http://bit.ly/qlCVIQ;http://www.digitel.com.ve/Personas/Internet/Prepago.aspx#1.
43
Budde.com,VenezuelaTelecoms,Mobile,BroadbandandForecasts,AccessedJanuary7,2013,http://bit.ly/1dPLzoe.
VENEZUELA

service platforms due to lack of state resources.44 In May 2013, the Ministry of Higher Education
announced it would reduce broadband service provided to universities due to alleged
underutilization.45
In addition to acting as the dominant service provider through CANTV, the state also administers
ICT regulation and licensing through the state regulatory body CONATEL. Although incidents of
CANTV engaging in censorship and monitoring have been isolated and have not suggested more
systematic controls, the lack of independent oversight has raised concerns about the ease with
which systematic content filtering and surveillance could be implemented in the future.46 Article 35
of the Organic Law of Telecommunications provides for CONATELs operational and
administrative autonomy, however, the president has the power to appoint and remove the
agencys director and the four members of its Directive Council. A series of presidential decrees
over the past decade has shifted oversight of the commission to various ministries and finally to the
vice president,47 a progression to centralized control that has increased the agencys politicization.48
In 2012, CONATEL continued to demonstrate progovernment bias in decisions related to
broadcast media, although it has not yet made comparable judgments affecting internet or mobile
phone service.
LIMITS ON CONTENT
Although Venezuelan authorities do not engage in systematic filtering of online content, they have
sporadically used blocking, service disruptions, and other censorship tactics to restrict information
at sensitive times. In 2012 and 2013, this was particularly evident in advance of presidential
elections and as Chavezs health worsened, when several independent websites were either blocked
or experienced disabling cyberattacks. During the April 2013 Presidential election, CANTV shut
down broadband service for approximately 30 minutes, leaving 95 percent of Venezuelans
disconnected from the internet at a crucial time. Pro-opposition and independent news websites
were also temporarily blocked or disabled in Venezuela, and the website of the countrys National
Electoral Council was temporarily unavailable from both inside and outside of the country. Such
restriction of information during pivotal times is a concerning development.
The sites of international news sources and human rights organizations such as Freedom House,
Reporters Without Borders, and Amnesty International are freely available in Venezuela. Social
media applications such as Facebook, Twitter, and YouTube are also freely accessible and are
44
NelsonEspinoza,SolventadaFalladelaRedTeleinformticadelaULA[ULASolvedItsNetworkFailure],PrensaULA,
January10,2013,http://uvero.adm.ula.ve/prensa/index.php/solventadafalladelaredteleinformaticadelaula/.
45
Urribarr,Raisa,ElCenitReducirelAnchodeBandaalasUniversidadesVenezolanas[Governmentwillreducebandwidth
toVenezuelanuniversities],PeriodismoenLneaonline,May10,2013,http://bit.ly/179du1z.
46
RyanGallager,Report:SiliconValleyInternetSurveillanceGearUsebyAuthoritarianRegimes,Slate,Jan16,2013.
47
AndrsCaizlez,Conatel,LaJoyadelaCorona,[Conatel:TheJewelintheCrown],TalCualDigital,August9,2010,
http://www.talcualdigital.com/nota/visor.aspx?id=39046.
48
JessUrbina,LasMordazasInvisibles:NuevasyViejasBarrerasalaDiversidadenlaRadiodifusion[InvisibleJaws:Newand
OldBarrierstoDiversityinBroadcasting],http://legislaciones.amarc.org/mordazas/VEN_pais.htm.
VENEZUELA

growing in popularity.49 Despite the availability of human rights websites and social media
networks, however, Venezuelas history of blocking key sites and interrupting internet service
during times of heightened political sensitivity has continued over the past year. During the 2012
presidential campaign, for example, CANTV blocked the official website of the main opposition
candidate, Henrique Capriles Radonsky.50 On the day of the election, weekly newspaper 6to poder
(Sixth Power) also reported the blocking of its website during the final count of votes.
Continuous cyberattacks and hackings, which rendered websites temporarily inaccessible, also
plagued a number of independent news sites during both the 2012 and 2013 elections. Problems
accessing the website of Noticiero Digital (Digital News) were reported during the 2012 election. In
the same period, the news channel Globovisin registered a general failure of its servers without
explanation and the informational website La Patilla (The Watermelon), the thirteenth most visited
site in the country, suffered continuous cyberattacks, which made it difficult, if not impossible, to
access.51
The government has not offered any explanation for these attacks, blockings, and site disruptions, a
problem compounded by the political situation in Venezuela in which there are no established
checks and balances between the different branches of the state. Although the judiciary lacks
independence, there have been no reports of judicially imposed censorship; instead, suppression
comes from sporadic blocking and disruptions. In this context, there is no transparent process or
independent institution through which website owners and content producers can pursue
complaints.
Despite such continuing opacity regarding the availability of independent websites, the government
has recently been forthcoming about two particular disruptions. During the highly contested
presidential election of April 2013 (which would mark the countrys first new leader in 14 years),
broadband service offered by the national telephone company CANTV, the largest operator in the
country, was shut down for approximately 30 minutes. Access to the webpage of the National
Electoral Council was likewise unavailable to all CANTV subscribers, leaving 95 percent of those
with internet access unable to track election results. Vice President Jorge Arreaza, who also held
the post of Minister of Science and Technology until April 2013, informed the public that the
service disruption was orchestrated by the government as part of an operation to identify those
responsible for hacking into the Twitter accounts of interim and current president, Nicolas
Maduro, as well as Chief of Press of the Government Palace, Teresa Maniglia.52 Arreaza also
announced that the website of the National Electoral Council would remain inaccessible from
outside the country to prevent further attack.53 Such a move also prevented the international
49
Alexa,TopSitesinVenezuela,AccessedJanuary10,2013,http://www.alexa.com/topsites/countries/VE.
ElUniversal,DenuncianqueCANTVBloqueAccesoalaPginaWebHayunCamino,
[ComplaintsthatCANTVBlockedAccesstoWebsiteThereisaWay]ElUniversalonline,August14,2012,http://bit.ly/O8im8N.
51
RatingsfromAlexa,AccessedJanuary4,2013,http://www.alexa.com/topsites/countries/VE.
52
EditorDJelDom,JorgeArreazaPideCalmaporCadadelInternet:FueparaEvitarHackeos.[JorgeArreazaCallsforCalm:It
WastoPreventHacking],Informe21online,April14,2013,http://bit.ly/ZjyI83.
53
AlbaCiudadRadio,JorgeArreaza:SuspensinMomentneadeInternetseHizoparaProtegeralaPginaWebdelCNEde
Ataques[JorgeArreaza:MomentaryInternetSuspensionwasMadetoProtectCNEWebsiteAttacks],invideoformat,April14,
2013,http://bit.ly/ZUXcjK.
50
VENEZUELA

community from attaining a real-time perspective on the election, which was of great international
interest.
In December 2010, the National Assembly adopted a reform of the 2004 Law of Social
Responsibility in Radio and Television (The Resorte Law), extending regulation to online and
electronic media,54 a move that has laid the groundwork for censorship of transmitted content by
websites and service providers. According to the Committee to Protect Journalists, under the
amended law, online media outlets are expected to establish mechanisms to restrict content that
violates the law. Websites found in violation may be fined up to VEF 13,000 ($3,000). Service
providers who do not respond to government inquiries risk high fines and temporary suspension of
operations.55 Despite these increasing restrictions, authorities have not vigorously enforced the law,
and online content providers do not appear to be engaging in politically motivated deletions of user
comments.
Venezuelans are avid users of digital media, which has emerged as an important platform for
circulating information and expressing opinions at a time when independent television and radio
stations have come under increased pressure.56 Venezuela has approximately three million
registered Twitter users, occupying the thirteenth place in the world and the fourth place in Latin
America.57 Rather than engaging in significant censorship, the government is making substantial use
of social media platforms to propagate its point of view and counter political opposition. The
Socialist Party proactively disseminates its views and counters opponents through pro-Chvez
platforms, such as the website Apporrea.org, launched in 2002, and the Twitter feed
@RedVergataria, launched in 2011 with the support of CANTVs Movilnet and the Ministry of
Popular Power for Science and Technology.58
This trend has intensified over the past year as a consequence of the presidents prolonged illness
and absence from the country, and his subsequent death.59 During the first weeks of 2013, in the
absence of independent medical reports on the presidents health, use of Twitter was particularly
intense. Although there have not yet been notable instances of the opposition utilizing social media
for mobilizationeven during the January 2013 swearing in of President Hugo Chavez in absentia,
54
RepblicaBolivarianadeVenezuela,LeydeResponsabilidadSocialenRadio,TelevisionyMediosElectronicos,[TheLawof
SocialResponsibilityinRadio,TelevisionandElectronicMedia]Scribd,accessedJanuary19,2013, http://bit.ly/ek6v7E.
55
ifex,CPJCondemnsTwoMediaLaws,December22,2010,http://bit.ly/15CluUe.
56
GlobovisinSuperalos2MillonesdeSeguidoresenTwitter,LderentrelosMediosVenezolanosenlaRed,[Globovision
Exceeds2MillionFollowersonTwitter],Globovision,January15,2013,http://bit.ly/Uoj6Nh.
57
MarjuliMatheus,Venezuelaesel13PasMsActivoenTwitter,[Venezuelaisthe13thMostActiveCountryonTwitter]
ltimasNoticiasonline,January7,2013,http://www.ultimasnoticias.com.ve/movil/noticia.aspx?idnota=119935.
58
GovernmentofHugoChvez,RedVergataria(blog),accessedJanuary14,2013,http://www.redvergataria.com/;Seealso:(1)
RachelGlickhouse,Explainer:TwitterinLatinAmerica,AmericasSociety/CounciloftheAmericas,January18,2013.
http://bit.ly/YdKylj;(2)AmericasSociety/CounciloftheAmericas,DigitalPolicyCouncilsWorldLeadersonTwitterRanking
Report,December2012,http://bit.ly/TFkEBS;(3)AnaisLucena,LanzamientodeRedSocialVergatariaenTwitterseEfectu
desdeelZulia[LaunchofSocialNetworkingVergatariaonTwitterwasMadefromZuliaState],RadioMundial,October,27,
2011,http://bit.ly/uJFZ1J;(4)PatriaGrande,ColectivosdeTelecomunicacionesLanzan@redvergatariaparaOrganizacion
Politica[Collective@redvergatariaTelecommunicationstoThrowPoliticalOrganization]October10,2011,
http://bit.ly/mRxFXN.
59
CommentontheTwitterpageofapoliticaljournalist:"Untilrecentlyinthesocialnetworksmajunchismohadcertain
hegemony,"https://twitter.com/nerdysinperro/status/196247112772616194;Seealso:DiarioABC,Chvez,UnAode
Enfermedad,[Chvez,AYearofIllness]Madrid,May31,2012,http://bit.ly/IR8OPJ.
VENEZUELA

an occurrence which the opposition described as a coup60Voluntad Popular and other emerging
political parties have begun to use social media to disseminate party news and to mobilize their
supporters. Online campaigning by the opposition appears to be effective: in presidential elections,
states with high internet penetration rates showed a higher proportion of votes in favor of the
opposition, while in areas with low internet penetration, there was a higher proportion of votes in
favor of the government candidate.
Chvez and his supporters have sought to gain the upper hand in a variety of ways, sometimes
acting openly and fairly, but at times also resorting to opaque, manipulative tactics. Vice President
Nicols Maduro has clearly stated the governments assertive position, saying: If lies come through
Twitter we are going to strike back through Twitter.61 The most recent Twitter controversy
occurred after the disputed April 2013 presidential election. National Assembly deputy Pedro
Carreo blamed ensuing violence on posts published to Twitter, and subsequently announced a bill
to regulate social networking.62 It remains to be seen exactly what sort of regulations would be
contained in such a bill, and whether it would, indeed, be passed.
In April 2010, President Chvez opened his own Twitter account, @Chavezcandanga, which
allowed him to connect to the Venezuelan people (and according to one opposition candidate, to
make a mockery of the nation by ruling via Twitter63) after beginning treatment for cancer in Cuba
in mid-2011.64 By November 2012, Chvez had nearly four million followers, the largest number
for any Venezuelan;65 his popularity places him at the top of the list of most influential politicians
on Twitter, second only to Barack Obama.66 Following the creation of a presidential Twitter page,
the government began an official campaign to increase Chavezs following, rewarding the 4
millionth follower with a house.67
In order to counter rumors about Chvezs health, which gained momentum in the absence of an
independent medical report, progovernment digital communications specialists created an
information vacuum that was filled with official updates from a single source. Real-name and
anonymous tweeters with high numbers of followers then propagated rumors to contrast official
updates.68
60
Ledezma:EloficialismoDiounGolpealPresidenteChvez[Ledezma:TheRulingGaveaBlowtoPresidentChvez],El
Universalonline,January13,2012,http://bit.ly/18ezy9K.
61
DanielPabn,ElVacoInformativoEntrampaaTwitterenEstridentesRumores[TheInformationVacuumFilledbyRumors
fromTwitter],ElCarabobeo,January9,2012,http://bit.ly/Xk2pmz.
62
ltimasNoticias,May8,2013,PedroCarreoAnunciaqueHablarconTwitterporViolenciaPostelectoral[PedroCarreo
AnnouncedthatTwitterhadSpokenofPostElectionViolence],http://bit.ly/11iwwBo.
63
EFE,CaprilesCriticaaChvezyDicequeGobernarporTwitteresunaBurla,[CaprilesCriticizesChvezandSaysthat'Rule
byTwitter'isa'Mockery']UnivisionNoticiasonline,April22,2012,http://bit.ly/19ehpWv.
64
EzequielMinyaya,WhenChvezTweets,VenezuelansListen,WallStreetJournal,April25,2012, http://on.wsj.com/KbY2RI
65
A.Leff,DoesChvezGovernbyTwitter?Globalpost,May4,2012, http://bit.ly/IR4NhO.
66
ElMundo,ChvezeselSegundoPolticodelMundoMsInfluyenteenTwitter,[ChvezistheWorld'sSecondMost
InfluentialPoliticianinTwitter]January3,2013,http://bit.ly/ZfCh0d.
67
DiarioElSiglo,UnaCasaaParaLaSeguidoraCuatroMillonesde@chavezcandanga,[AHomeforFourMillionthFollower
@chavezcandanga],DiarioElSigloonline,February18,2013,http://bit.ly/17dcAjI.
68
DanielPabn,ElVacoInformativoEntrampaaTwitterenEstridentesRumores[TheInformationVacuumFilledbyRumors
fromTwitter],ElCarabobeo,January9,2012,http://bit.ly/Xk2pmz.
VENEZUELA

In light of the governments increased use of social media, members of the public have occasionally
complained of the ruling party using state resources and programs to promote a partisan ideology
via ICTs. On Christmas Eve 2011, a text message in Chvezs name was sent to more than 27
million mobile phone subscribers, encouraging people to celebrate our unstoppable march towards
a Good and Pretty Country. Although there are no laws restricting such communications, critics
complained that forcing mobile phone companies to disseminate partisan propaganda was an abuse
of power.69 In another case, the Canaima Education project, under which the government agreed to
supply over two million laptops to elementary school children, came under criticism with
allegations that the computers contained content for parents that blatantly promoted Chvezs
political ideology.70
Manipulation of online content by the ruling party and its supporters has compromised the
atmosphere of free online debate of sociopolitical issues. Such careful management of content has
included steering conversations along progovernment lines, hacking, discrediting opposition voices
via Twitter impersonations, and encouraging self-censorship. In addition to suspicions that paid
government commentators have been directing the trajectory of online discussions, allegations have
surfaced of the government attempting to influence online news coverage by manipulating the
allocation of advertising. Progovernment media have also reported that the government allocates
advertising to digital outlets run by figures of the opposition in order to influence the editorial line
of critical media.71

In Venezuela, there are many avenues by which bloggers, journalists, and private citizens can be
punished for content posted online. The Venezuelan Constitution prohibits anonymity, and vague
language in the penal code encourages self-censorship. Despite these provisions, however,
government opposition and independent bloggers are active on social media platforms. In 2012 and
2013, such expression was met with increased physical and technical violence extending to
harassment, intimidation, detentions, and cyberattacks. Digital impersonations are also on the rise,
and have compromised the integrity of a number of websites and digital identities.
Freedom of speech and freedom of the press are constitutionally guaranteed in Venezuela, and a
1999 provision requires the State to provide public access to ICTs.72 Despite these positive
commitments, however, various laws and decrees have been used to undermine online freedom
69
NoticieroDigital,TelefonicasAsumieronCostodelMensajitoNavidenoPresidencial[TelephoneCompaniesAssumeCostof
PresidentialChristmasMessage],NoticieroDigitalonline,December28,2011,http://bit.ly/uGGQQ3;DevilsExcrement(blog),
HugoChvezChristmasSpamtoallVenezuelans,December27,2011, http://bit.ly/uAvEkr.
70
CanaimaEducativo,VenezuelaEnsamblar500MilComputadorasParaProyectoEducativo[VenezuelaAssembles500,000
ComputersforEducationalProject],October4,2011, http://bit.ly/1azJWck;Seealso:ArianaGuevaraGomez,Ideologizacin:
LasCanaimitasFomentanelCultoalaFiguradelLder[Ideology:TheCanaimitasPromotetheCultFigureoftheLeader],
Reportero24,September23,2011,http://bit.ly/nLwDgp.
71
Aporrea.org,MiguelHenriqueOteroForradodeBilleteProvenientedelEstado,ComoCopropietariodeNoticias24[Miguel
HenriqueOteroPaddedByTicketoftheState,AsPartOwnerofNews24],November192012,http://bit.ly/S9z6RE.
72
AsambleaNacionalConstituyente,Constitution[inSpanish],March24,2000,108:110http://bit.ly/tXiOk.
VENEZUELA

and to restrict media. When coupled with CANTVs market dominance, the lack of institutional
checks and balances in Venezuela makes it possible for the government to monitor and harass
political opponents with impunity. Since 2001, the Supreme Court of Justice has passed down no
fewer than 10 judgments curbing freedom of expression,73 evidence of the Courts susceptibility to
influence from the executive branch, particularly in regard to cases of political importance. A 2005
reform included significant restrictions on expression, especially in cases involving contempt or
disrespect.
The 2001 Special Law against Information Crimes74 and the 1991 Communications Privacy
Protection Law75 safeguard the privacy, confidentiality, inviolability and secrecy of communications
and impose prison terms of up to six years on those who illegally intercept others
communications.76 In 2012 and early 2013, however, there were numerous incidents of
government opponents communications being hacked, recorded, and manipulated with little
response from the authorities on the part of the victims. Information obtained via such privacy
breaches has been published in state-run media, indicating possible government involvement.77
During its tenure, the Chavez government was highly proactive in its pursuit of greater media
control. In December 2010, the National Assembly was due to be replaced with a newly elected
chamber containing a substantial opposition presence.78 In its final days, the outgoing Assembly
passed 16 legal decrees that increased regulation of media. The Resorte Law was extended from
print to online and electronic media; and the Law of Telecommunications that deemed ICTs to be
of public rather than general interest, was amended, rendering ICTs subject to greater state
control.79 The Assembly also delegated its powers to the president for 18 months, granting him the
authority to legislate by decree in multiple areas, including ICTs.80 When freedom of expression
advocates demanded to participate in the lawmakers deliberations, they were harassed and
assaulted by government supporters at the doors of the chamber.81
The vague language used in the penal code also lays the groundwork for self-censorship both online
and offline, criminalizing the dissemination of false information, with punishments of two to five
73
JuanFranciscoAlonso,JuecesBuscanLimitarLibreExpresin[JudgesSeektoLimitFreeSpeech],ElUniversalonline,August
21,2010,http://politica.eluniversal.com/2010/08/21/pol_art_juecesbuscanlimit_2012844.shtml.
74
TheNationalAssembly,SpecialLawAgainstCybercrime[inSpanish],accessedJanuary7,2013, http://bit.ly/gmLBCi.
75
ForthefulllawonProtectionofCommunicationsPrivacy,seeBibliotecaSusuerte:http://bit.ly/15Ck5Nv.
76
LeysobreProteccinalaPrivacidaddelasComunicaciones[LawonProtectionofCommunicationsPrivacy],seeBiblioteca
Susuerte:http://bit.ly/15Ck5Nv.
77
GregorioSalazar,UnderChvez:MediaHarassedwithOnlineHacking,PhoneTappingandCensorship,SampsoniaWay
online,January23,2012, http://bit.ly/xZWdVq.
78
SaraCarolinaDaz,En15DasAsambleaAprob16Leyes[In15Days,AssemblyPasses16Laws],ElUniversalonline,
December19,2010,http://www.eluniversal.com/2010/12/19/pol_art_en15diasasamblea_2141341.shtml.
79
LeyOrganicadeTelecomunicaciones,[OrganicLawofTelecommunications]
Scribd,accessedJanuary13,2013,http://www.scribd.com/doc/45293016/NuevaLeyOrganicadeTelecomunicaciones.
80
TextodelaLeyHabilitanteEntregadaallaAN[TextoftheEnablingActSubmittedtotheNationalAssembly],ElUniversal
online,December14,2010,http://www.eluniversal.com/2010/12/14/pol_esp_textodelaleyhabi_14A4853573.shtml.
81
JuanFranciscoAlonso,ReclamanprocesaraagresoresdeactivistadeDDHH[ProsecutionDemandedforAggresorsof
HumanRightsActivist],ElUniversal,December18,2010,http://bit.ly/etbhad;Seealso:TodosenRed(blog)Esperamos
RespuestaOportunadeANaDocumentoPorunaInternetdeContenidoLibre[HopesForaTimelyResponsebyANtoa
DocumentforFreeInternetContent]December17,2010,http://bit.ly/i59ymL.
VENEZUELA

years in prison.82 Article 147 of the penal code stipulates that defamation of the president is
punishable by 6 to 30 months in prison, while Article 148 stipulates that offenses against lowerranking officials carry lighter punishments.83 Given that the internet is classified as a channel of mass
distribution of information, some violations of the penal code (such as defamation or incitement of
hatred or rebellion) may be considered more severe online than in other media forms.84
Detentions of Twitter users and citizen journalists have not been uncommon in past years,
however, one particularly notable case made headlines in late 2012 and early 2013. In response to
the emergence of anonymous Twitter profiles with supposedly confidential information regarding
President Chvezs health, Mario Silva (@LaHojillaTV), a popular pro-government newscaster
from state-run VTV, began a campaign to uncover the identities of those responsible for the posts.
Silvas investigation resulted in a raid on the house of Federico Medina Ravell, cousin of Alberto
Federico Ravell (of pro-opposition news site La Patilla).85 In response to allegations that he had
authored posts questioning the presidents health (@LucioQuincioC), Venezuelan intelligence
officers confiscated several of Federico Medina Ravells computers and reportedly detained,
interrogated, beat, and threatened his family.86 Following the public prosecutors allegations that he
had instigated terrorism through social networks,87 Ravell was fired by his employer, Mercedes
Benz, reportedly under intense pressure from the Chvez regime.88 Activist groups have
interpreted these actions as a clear attempt to curb freedom of expression.89 Ravell is now seeking
political asylum in the United States.90
The Venezuelan constitution explicitly prohibits anonymity, a rule that applies to all media.91
While there are few safeguards in place to limit security agencies access to user data and private
communications, National Assembly deputies from the ruling party have reported complaints from
law enforcement agencies that only state-owned Movilnet provides information with immediacy.92
Despite the provision against anonymity, customers at cybercafes are not required to present
82
GacetaOfficial,SummaryoftheNationalAssembly[inSpanish],GacetaOficialNo.5.763(March16,2005)
http://www.tsj.gov.ve/gaceta_ext/marzo/160305/160305576301.html.
83
Sumate,RespetoalaLibertaddeExpresin:LimitaelCdigoPenallaLibertaddeExpresin?[RespectforFreedomof
Expression:DoesthePenalCodeLimitFreedomofExpression?],Sumateonline,accessedAugust22,2012,
http://infovenezuela.org/democracy/cap4_es_2.htm.
84
RafaelMartnez,Twitter:EsosMalditos140Caracteres[Twitter:ThoseDamned140Characters],SoyRafael.com(blog),
February22,1010,http://www.analitica.com/va/sociedad/articulos/9309847.asp;Seealso:Article285ofthePenalCode.
85
LaVerdad,SebinBuscaaTuiteroqueHablaSobrelaSaluddelPresidente[SebinSearchesforTwitterersTalkingaboutthe
HealthofthePresident],LaVerdadonline,January7,2013, http://bit.ly/TGAUUC.
86
LucioQuincoC,Twitterpost,January8,2013,https://twitter.com/LucioQuincioC/status/288668104987406337/photo/1.
87
LaPatilla,FiscalaInvestigaSupuestaInstigacinalTerrorismoaTravsdeTwitter[ProsecutorInvestigatesAlleged
IncitementtoTerrorismthroughTwitter],LaPatillaonline,January8,2013,http://bit.ly/ZlPnV8.
88
WhyDidMercedesBenzFireanAntiChvezPoliticalActivist?TheCommentator,April21,2012,http://bit.ly/IdeVwM.
89
Care2PetitionSite,Venezuela,StopCensorship!AccessedFebruary26,2013,http://bit.ly/13EDHDi.
90
RaheemKassam,Interview:TheManwhoChvezWantsDead,TheCommentatoronline,January9,2013,
http://bit.ly/13gTma7;Seealso:ChrisMiles,BloggerFedericoMedinaRavellhasHisHomeRaidedbyIntelligenceOfficialsfor
SpreadingRumorsaboutChvez,PolicyMic,Januray2013,http://bit.ly/19eh5qI.
91
Article57establishesfreedomofexpressionandfreedomfromcensorship,butalsoforbidsanonymity.OfficialsiteofThe
SupremeCourt:http://www.tsj.gov.ve/legislacion/constitucion1999.htm.
92
PresionanaBrindarInformacinPersonal[PressedtoProvidePersonalInformation],BlackberryVzla.com,June24,2010,
http://www.blackberryvzla.com/2010/06/presionanbrindarinformacionpersonal.html.
VENEZUELA

identification to gain internet access, nor are there any known cases in which cybercafe users
activities have been tracked.
The full scale of surveillance of users communications applications in Venezuela remains unclear.
According to one report, however, Venezuelan security agencies tapped more than one hundred
phones over the course of one year, including those of opposition figures Maria Corina Machado,
Henrique Capriles, Alberto Ravell, Aixa Lopez, Guillermo Zuloaga and Julio Borges.93 Given that
extralegal wiretapping of phones is common, many Venezuelans suspect that such surveillance
extends to the online sphere as well. State representatives have also suggested that the government
is capable of tracking down users of Twitter and other social media. In February 2011, when official
news agencies were slow to release information about a fire on the premises of the Compana
Anonima Venezolana Military Industries (Cavim), details of the incident began to appear on
Twitter and other social networks. A military commander subsequently warned that it was
technologically feasible for the state to track down the origin of those messages and take action
against those who had committed the crime of generating public anxiety; no arrests were made at
the time, however.94
In February 2013, Venezuelas social media tracking campaign experienced renewed vigor after
Nestor Reverol, Minister of Interior and Justice, reported that intelligence services would follow
instigators of an alleged destabilization plan seeking to cause panic and chaos among users of social
media.95 Following this announcement, two suspected hackers were arrested for attempting to
undermine the institutional order of Venezuela. The suspects, who were arrested after illegally
accessing government webpages and revealing vulnerabilities in the security of state governmental
systems, were members of the group Venezuelan Hackers (@ VenezuelanH).96 In April and May
2013, Venezuelan Hackers published accounts of its recent activitiesincluding infiltrating the
websites of Venezuelan State Airline Conviasa, state-owned CANTV, and additional government
sites, such as the National Institute of Hygieneon its Twitter account.97 The arrests, which were
highly publicized, underscored the media tracking campaign and served as a warning to others who
might be considering subversive activities online.
In early march, after Chvezs death, Lourdes Alicia Ortega Perez was arrested for spreading false
information via Twitter. She was released one week later, but is required to make monthly court
93
Analisis24,Venezuela:ElUltraSecretoCASO1queGeneroZozobraenelGobiernodeHugoChvez[TheTopSecret"CASE
1"whichGeneratedAnxietyintheGovernmentofHugoChvez],Analisis24.com,January20,2013,http://bit.ly/WiNbxq.
94
SebinyDIMInvestigarnMensajesdeTwittersobreCasoCavim,[DIMInvestigatesSebinandTwitterMessagesabout
CavimCase],EspacioPublicoonline,February2,2011, http://bit.ly/fcRg6p.
95
Reverol:ElCicpcInvestigaMensajesDesestabilizadoresenRedesSociales,[Reverol:TheCicpcInvestigatesDestabilizing
MessagesonSocialNetworks],ElNacionalonline,February20,2012,http://bit.ly/13zL8r5;SebastianaBarraez,PlanparaEl
ControldeLaPrensayLaOposicin,[Plantocontrolthepressandopposition],CdigoVenezuela.com,February15,2013,
http://bit.ly/11LcJdI.
96
SebinCombateLosHackersqueIntentanVulnerarElOrdenInstitucionalenVenezuela,[SebinBattles"Hackers"whoTry
toUndermineTheConstitutionalOrderinVenezuela],Noticias24online,February9,2013,http://bit.ly/TZwKIS.
97
HackearonlaPginaWebdeCantv.net[WebsiteofCantv.netHacked],ElUniversalonline,April21,2013,
http://bit.ly/16A8B3a;Seealso:AperturaVenzuela,HackeanPginaWebdeConviasa[ConviasaHackedWebsite],El
Universalonline,May12,2013,http://bit.ly/ZB2xkB.
VENEZUELA

appearances until further notice.98 Perezs arrest echoes a spate of cases in 2010, when a number of
Twitter users with few followers were arrested for spreading false information and plotting to
destabilize the government under a measure that seems designed to generate self-censorship and
fear. 99
Since 2005, CONATEL has required mobile phone operators to collect copies of their subscribers
identity documents, addresses, fingerprints, and signatures.100 According to the Computer Crimes
Act, this information must be delivered to state security agencies upon presentation of a judicial
warrant. Service providers are also obligated to keep detailed logs of all calls, including the phone
number and location of both the caller and the recipient. The Law Against Kidnapping and
Extortion also necessitates that ICT providers and financial institutions supply data to prosecutors
upon presentation of a judicial warrant.
Journalists and online activists have been subject to physical intimidation and attacks in recent
years. The offices of civil society group Espacio Publico, which advocates for freedom of expression
online, were burglarized twice in November 2011.101 Although there was no evidence of
government responsibility, the authorities slow investigation, despite the availability of security
camera footage, raised suspicions that these were not random acts of violence.102
Espacio Publico has repeatedly been the target of defamation campaigns in state-run media. Several
days after the second attack, Luis Carlos Daz, a respected journalist known for teaching
cyberactivism workshops throughout the country, began receiving anonymous threats by phone and
Twitter.103 Leonardo Len, journalist and press coordinator of Universidad de Los Andes radio
station, and Alonso Moleiro, journalist and Unin Radio announcer, have also been victim to
intimidation and threats via Twitter.104 Moleiro received death threats from another Twitter user
after mentioning the severity of President Chvezs illness.105 In May 2012, the headquarters of Qu
98
DetienenaTuiteraporGenerarRumoresDesestabilizadores[TwitterUserWasArrestedforGeneratingDestabilizing
Rumors],LaPatillaonline,March13,2013,http://bit.ly/WnBZBY.
99
Urribarr,Raisa,ElAoenqueTuiteamosenPeligro[TheYearWeTweetedinDanger],PeriodismoenLneaonline,
November15,2010.http://periodistasandinos.blogspot.com/2010/11/elanoenquetuiteamosenpeligro.html.
100
GacetaOficialNo.38.157,April1,2005,http://www.tsj.gov.ve/gaceta/abril/010405/0104053815720.html.
101
NataliaMazotte,BacktoBackRobberies,SlowStateResponseSuspicious,SaysVenezuelanFreedomofExpressionNGO,
KnightCenterforJournalismintheAmericas,JournalismintheAmericas(blog),November30,2011, http://bit.ly/JMn5Ln;
FreedomofExpressionNGORobbed,ifex.com,November23,2011,http://bit.ly/spu1tb.
102
LetterfromBernardoAlvarezHerrera,VenezuelaDebeTerminarconlaCampanaContraPrestigiosoDefensordeDerechos
Humanos,[VenezuelaMustEndtheCampaignAgainstPrestigiousHumanRightsDefender]HumanRightsWatch,August19,
2010,http://bit.ly/16A7Dnr;ReportersWithoutBorders,AuthoritiesDragHeelsinInvestigationofTwoBurglariesatOfficesof
FreeSpeechNGO,IFEX,December5,2011http://www.ifex.org/venezuela/2011/12/05/second_robbery/;Robanpor
SegundaVezSededeEspacioPublico,[StolenforaSecondTimeattheHeadquartersofEspacioPublico]ElUniversalonline,
November26,2011, http://bit.ly/rKifHn.
103
NataliaMazotte,TwitterBecomingaCommonWaytoThreatenJournalistsinVenezuela,KnightCenterforJournalismin
theAmericas,JournalismintheAmericas(blog),November28,2011,http://knightcenter.utexas.edu/en/blog/twitter
becomingcommonwaythreatenjournalistsvenezuela;NataliaMazotte,OnlineAttacksAgainstReportersinVenezuela
becomelatestformofcensorship(Interview),KnightCenterforJournalismintheAmericas,JournalismintheAmericas(blog),
January18,2012, http://bit.ly/HTT5gr.
104
InstitutoPrensaySocieded(Ipys),AmenazanaPeriodistaaTravsdeTwitter[JournalistsThreatenedviaTwitter],
Ipys.com,October1,2012,http://www.ipys.org.ve/alerta?id=3005.
105
InstitutoPrensaySocieded(Ipys),VenezuelanJournalistGetsDeathThreatsafterTweetingaboutChvez,ifex,December
2012,http://www.ifex.org/venezuela/2012/12/17/moleiro_threats/.
VENEZUELA

Pasa (Whats Up), a digital newspaper critical of the Chvez regime, was attacked with a
grenade.106 The perpetrators are still unknown.
In March 2013, a group of renowned journalists, writers, and humorists, such as Milagros Socorro,
Rayma Supriani, Leonardo Padrn, and Laureano Mrquezall of whom had recently been
attacked on social networksbegan experiencing harassment and threats over their cell phones, via
press publications, and on national television programs.107 Naibet Soto and Luis Carlos Daz, two
bloggers who are well known in the cybersphere for their creation of Google pages dedicated to
discussing the political situation in Venezuela, have also suffered harassment by government
supporters following Chavezs death.108
In recent years, journalists and opposition figures have been subject to periodic waves of hacking
and impersonation attacks. In August 2011, the blogs and Twitter accounts of at least two-dozen
government critics and other prominent figures were hacked, hijacked, and used to disseminate
progovernment messages. Among those targeted in the waves of cyberattacks occurring in late
2011 and 2012 were journalists, artists, economists, activists, and opposition politicians, including
the Miranda State governor and presidential candidate Henrique Capriles Radonsky.109 In some
cases, the pro-government nature of the messages was palpable and immediately raised suspicions
that a particular account had been compromised. But in other instances, the hackers approach was
more cunning.
Examples included a statement by the usually critical economist Jose Guerra suddenly praising the
presidents price control policy; supposed criticism by the opposition-linked pollster Luis Vicente
Leon regarding one of the oppositions own presidential candidates; and threatening comments
towards other users wrongfully attributed to political activist Luis Trincado and journalist
Marianela Balbi, Executive Director of the Press and Society Institute of Venezuela. Email accounts
associated with activists Twitter feeds or blogs have also been compromised, and the contents of
several blogs have been erased.110 In February 2013, the Twitter account @radaremergencia and
the blog Radar de los Barrios, both of which belong to Venezuelan journalist Jess Torrealba,
were hacked for the second time. The accounts were commandeered to issue tweets with a strong
political bent and to insult Torrealba.111
106
NataliaMazzote,PeridicoDigitalVenezolanoesAtacadoconunaGranada,[DigitalVenezuelanNewspaperisAttacked
withaGrenade],KnightCenter,JournalismintheAmericas(blog),June6,2012,http://bit.ly/LjmTJi.
107
ContinuanlasAgresionesaPeriodistas[AttacksonJournalistsContinue],EspacioPblicoonline,March19,2013,
http://bit.ly/WJpXnV.
108
NaibetParra,EstadoGeneraldeSospecha[Generalstateofsuspicion],Zaperoqueando(blog),March26,2013.
http://zaperoqueando.blogspot.com/2013/03/estadogeneraldesospecha.html.
109
AdrianaPrado,ProChvezHackersStealTwitterPasswordsfromVenezuelanJournalists,KnightCenterforJournalismin
theAmericas,JournalismintheAmericas(blog)September13,2011, http://bit.ly/qi7g8J;NataliaMazotte,MoreVenezuelan
OppositionJournalists'TwitterAccountsHacked,KnightCenterforJournalismintheAmericas,JournalismintheAmericas
(blog)February1,2011,http://bit.ly/xoOTNS;HackeanlaPginaWebdelaGobernacindeMiranda[WebPageofthe
GovernmentofMirandaHacked],LaPatillaonline,February12,2012,http://bit.ly/yGiaIZ.
110
ContinuanlosAtaquesInformaticosenTwitteryGmail,[CyberAttacksContinueonTwitterandGmail],EspacioPblico
online,November25,2011, http://bit.ly/uLN8JL.
111
EspacioPblicoHackeanLaCuenta@radaremergenciayElBlogRadardeLosBarrios,[@radaremergenciaTwitterAccount
andRadardeLosBarriosBlogsHacked],EspacioPblicoonline,February21,2013,http://bit.ly/1bRpwiO.
VENEZUELA

In February 2012, online activists took matters into their own hands in response to the Twitter
hackings, launching what they called Operation BAS (short for Operation Block and Spam).112
Complaints to Twitter resulted in the suspension of several dozen allegedly compromised accounts.
Observers noted, however, that accounts belonging to genuine Chvez supporters, not paid
commentators, were among those targeted, and that the campaign thus posed a restriction to
freedom of expression.113
It remains unclear whether the government is directly behind Twitter usurpations and other forms
of cyberattack. Although a group of hackers calling itself N33 has taken responsibility for the
attacks, some also suspect government involvement.114 N33, which has been given air time on
state-run TV, claims that it supports the president but does not act at the behest of the government.
Editor of opposition news site Codigo Venezuela (and recent victim of hacking) Milagros Socorros,
however, received an e-mail from an anonymous sympathizer who claimed otherwise. The
informant, who claimed to work at the Ministry of Science and Technology, reported that an entire
floor of the ministry is devoted to following and hacking opposition activists online
communications. To date, the allegation remains unconfirmed and prosecutors have ignored
requests from victims to launch an investigation.115
Several web pages of governmental organizations also suffered cyberattacks in 2012 and 2013.116
Ernesto Villegas, Minister of Communication and Information, denounced the creation of fake
accounts on the social network Twitter, one allegedly belonging to him and others created by
hackers impersonating president Chvezs daughter, President of the Central Bank Nelson
Merentes, and popular progovernment TV star Winston Vallenilla.117 Villegas called on his
followers to block the accounts and report them as spam.118
In May 2012, the N33 hacking group named Alberto Federico Ravell, editor of popular news portal
La Patilla, as an important future target.119 A few weeks later, La Patilla reported that it had
112
6toPoder,OperacinBAShaSuspendidounCentenardeUsuariosqueViolanlasNormasdeTwitter[OperationBASHas
SuspendedaHundredUserswhoViolatetheRulesofTwitter],6toPoderonline,March11,2012, http://bit.ly/AtIKYy.
113
LuisCarlosDaz,ElDescubrimientodelaMultitud,[TheDiscoveryoftheCrowd]PeriodismodePaz(blog),April3,2012,
http://www.periodismodepaz.org/index.php/2012/03/04/eldescubrimientodelamultitud/.
114
LauraVidal,Venezuela:Governmentopponents'twitteraccountshackedGlobalVoicesOnline(blog),December5,2011,
http://globalvoicesonline.org/2011/12/06/venezuelagovernmentopponentstwitteraccountshacked/.
115
FranciscoToro,HackaMole,InternationalHeraldTribune,Latitude(blog),November28,2011,http://nyti.ms/tUajph.
116
PginasWebdeDiversosOrganismosGubernamentalesSufrenAtaqueInformtico[WebsitesofVariousGovernment
AgenciesSufferHackingAttacks],EspacioPblicoonline,August28,2012,http://bit.ly/OtNDb0.
117
VillegasDenunciaCuentaFalsadeNelsonMerentes[VillegasDenouncesFalseTwitterAccountofNelsonMerentes],
ltimasNoticiasonline,February10,2013,http://bit.ly/15BPtko;HackeanCuentaTwitterdeWinstonVallenillaconMensaje
FalsoSobrelaSaluddelPresidenteChvez[WinstonVallenillaTwitterAccountHackedwithFalseMessageabouttheHealthof
PresidentChavez],Globovisin,February13,2013,http://bit.ly/WnPi4l.
118
MinistroVillegasDenunciaFalsaCuentasuyaenTwitter[MinisterVillegasDenouncesFalseReportonhisTwitter
Account],ltimasNoticiasonline,January9,2013,http://bit.ly/1bhtYo8.
119
AdrianaPrado,ProChvezHackersStealTwitterPasswordsfromVenezuelanJournalists,KnightCenterforJournalismin
theAmericas,September13,2011, http://bit.ly/qi7g8J;JuanCarlosFigueroa,Hackerdeln33Advierte:LaJoyadelaCoronaes
AlbertoRavell[HackerwarnsofN33:ThejewelintheCrownisAlbertoRavell],ElTiempo,September7,2011,
http://bit.ly/oZIKxe.
VENEZUELA

successfully fended off an intense cyberattack,120 however during the October 2012 electoral
weekend the site suffered continuous DDoS attacks.121
Cyberattacks, impersonations, and blocking all intensified on the day of the presidential election.
The Twitter accounts of political activists Ricardo Ros and Carlos Valero, as well as that of
Humberto Prado (director of NGO Observatorio Venezolano de Prisiones), were all compromised
on election day, as was the account of Ricardo Koesling, general secretary of political opposition
party Piedra. The account of well-known singer Oscar De Len was also appropriated and used to
comment on voting abstention.122 Problems accessing news sites such as Noticiero Digital (Digital
News) and Globovisin (which registered a general failure of its servers) were also reported on the
day of the election. Weekly newspaper 6to poder (Sixth Power) reported the blocking of its website
by CANTV during the count of electoral votes; Ismael Garca, a well-known opposition deputy
who runs a political show, also noted the disabling of his personal website.123
Cyberattacks and blockings also gained vigor surrounding questions of President Chavezs health.
After his return to the country in February 2013, a group identifying itself as "Anonymous
Venezuela" and demanding to know the truth about the presidents health attacked the websites of
several military branches.124 In early 2013, Venezuelans accused state telecom CANTV of blocking
access to Cuba Diary and Apporea in order to maintain secrecy surrounding the presidents health.125
Several victims of cyberattacks and digital identity theft have filed complaints with the authorities,
yet as of May 2013 state bodies have neither launched an official investigation nor condemned the
attacks. The lack of response has led prominent civil society figures to take matters into their own
hands, holding a press conference and publishing an open letter denouncing the attacks as part of a
government-endorsed policy of computer terrorism.126 Among the groups complaints is that
although the Committee for Scientific, Penal and Criminal Investigations (CICPC) had successfully
identified several perpetrators, the investigation was halted and the lead investigator was relieved of
his duties.127
Illegal intrusion into computer systems is classified as a criminal offense according to the Special
Law Against Cybercrime, which condemns the access, interception, destruction, sabotage,
modification, alteration, espionage and disclosure of any private information found in information
120
LaPatillaInformaaSusLectoressobreAtaqueaSuPlataforma[LaPatillaInformsitsReadersaboutAttackonitsPlatform],
LaPatillaonline,October1,2011, http://bit.ly/o8Gd88.
121
ReferencewascollectedbypersonalinterviewwithaLaPatillasourceonconditionofanonymity.
122
AtaquesInformticosSacudenlasRedesSocialesenelPas[HackingShakesSocialNetworksintheCountry],Espacio
Pblicoonline,October16,2012,http://bit.ly/15Az8pL.
123
AtaquesInformticosSacudenlasRedesSocialesenelPas[HackingAttacksShakeSocialNetworksintheCountry].
124
HackeanPginasMilitaresVenezolanasyExigenSaberquPasaconlaSaluddeChvez,[VenezuelanMilitaryWebsites
Hacked;DemandsToKnowWhatisHappeningwithChavezsHealth],LaPatillaonline,February23,2013,http://bit.ly/XvxAKr.
125
JournalismintheAmericas(blog),VenezuelasStateTelecomAccusedofBlockingAccesstoSiteReportingonChvezs
Health,AccessedFebruary5,2013,http://bit.ly/11nCLUb;Seealso:EspacioPublico(blog),http://bit.ly/18zL9kl,
andHarioff(blog):http://twitter.com/harioff/statuses/303668574671745024.
126
LiderazgoyVisionAsociacionCivil,HackeadoseIndiganadosDenunciaronelTerrorismoInformatico[Hackersand
OutragedCitizensDenouncedComputerTerrorism],December2,2011,http://bit.ly/164lnod.
127
DenuncianTerrorismoInformaticoImpulsadoporelGobiernodeChvez[DenouncingComputerTerrorismDrivenby
ChvezGovernment]Globovisiononline,December2,2011,http://www.globovision.com/news.php?nid=210517.
VENEZUELA

technology systems. Although the law specifies severe punishment for such crimes, extending to
imprisonment and fines, no penalties have yet been imposed.128 Taken together, these
circumstances have led many observers to believe that the president or other top officials are either
directly or implicitly supporting the attackers.129
128
EspacioPblicoExigealEstadoVenezolanoqueInvestigueySancionealosResponsablesdelosAtaquesaCuentasde
CorreoyUsurpacindeIdentidadenRedesSociales,[EspacioPblicoDemandsthattheVenezuelanStateInvestigateand
PunishthoseResponsibleforAttacksonEmailAccountsandIdentityTheftonSocialNetworks],EspacioPblicoonline,
February1,2012,http://bit.ly/1bRp5F2.
129
NataliaMazzote,AtaquesDigitalesContraPeriodistasseConviertenenunaNuevaFormadeCensuraenVenezuela
(EntrevistaaLuisCarlosDaz)[DigitalattacksagainstjournalistsbecomeanewformofcensorshipinVenezuela(Interviewwith
LuisCarlosDaz)]KnightCenterforJournalismintheAmericas,January2012.
VENEZUELA
VIETNAM
2012
2013
NOT NOT
FREE FREE
16
14
26
28
33
Total (0-100)
73
75

Vietnam overtook Iran as the worlds second worst jailer of netizens after China in
2013, with more than 30 behind bars, according to Reporters Without Borders (see
A court sentenced blogger Nguyen Van Haialready jailed since 2008to another 12
years imprisonment on anti-state charges (see VIOLATIONS OF USER RIGHTS).
Decree 72, passed in July 2013, sought to compel international service providers to
comply with government censorship and surveillance (see LIMITS ON CONTENT).
Anti-corruption blogger Le Anh Hung was committed to a mental institution without
an exam for 12 days in 2013 (see VIOLATIONS OF USER RIGHTS).
In 2013, propaganda officials acknowledged employing 1000 public opinion shapers
to manipulate online content (see LIMITS ON CONTENT).
VIETNAM

Decree 72 governing the management, provision, and use of internet services and information online
was pending on April 30, 2013 when the coverage period for this report ended. Prime Minister
Nguyen Tan Dung signed the decree on July 15, 2013, which subsequently took effect on September
1. The decree stipulated that all service providers operating in the countryincluding news websites,
social networks, mobile service providers, and game service providersmust have at least one domestic
server for the purposes of inspection, storage, and provision of information at the request of competent
authorities. This appears to demand intermediaries to cooperate with any authority in Vietnam
conducting censorship or monitoring, though how it might be enforced is not clear; penalties for
refusing to comply have not been specified.
Other features of the decree were confusing, including sections that appeared to limit social media
platforms from sharing externally-generated content, such as news reports. Vietnamese authorities have
tried to ban political commentary from personal websites in the past, with mixed success, and debate on
homegrown social networks leans towards non-controversial subjects like entertainment, so this farreaching interpretation is not outside the realm of possibility. However, some experts noted that this
section was geared towards businesses complaining about copyright violations.
The decree maintained other vaguely-worded bans on content opposing Vietnam. As many internet
users know to their cost, however, this is not a dramatic departure from the status quo.
INTRODUCTION
The ruling Vietnamese Communist Partys concern that the internet could be used to challenge its
political monopoly has resulted in contradictory policies. While investing in information and
communication technologies (ICTs) through programs like its Taking-Off Strategy 20112020,1
the government has intensified monitoring and censorship of online content. After a relative easing
from 2004 to 2006 while Vietnam hosted an Asia-Pacific Economic Cooperation summit and joined
the World Trade Organization, internet freedom deteriorated, and a growing number of online
activists face harassment and imprisonment.
Reporters Without Borders counted more than 30 bloggers imprisoned in Vietnam on April 30,
2013, making the country the second worst in the world among nations that jail internet users after
China.2 Many were political activists, and in some cases, it was difficult to assess to what extent
their arrests were related to online, as opposed to offline, action and expression. Either way, the
number of blogger imprisonments has dramatically increased over the past two years, and penalties
are getting heavier. Several recent trials have resulted in sentences longer than a decade.
TakingoffStrategy,DoesitSteppingUptheDevelopmentoftheICTIndustryinVietnam?BusinessinAsia,accessedJune,
2012,http://www.businessinasia.com/vietnam/vietnam_ict.html.
2
ReportersWithoutBorders,2013:NetizensImprisoned,http://bit.ly/Wsi72Y.
VIETNAM

While the effects of the oppressive Decree 72 on internet management passed in 2013 are yet to be
seen, the decrees drafting process was revealing. No timeframe for passing the decree was made
public, and there was no open consultation with civil society, technology companies, or other
stakeholders about the many contested provisions. However, both local and international service
providers, as well as the international free expression community, objected to the drafts, and the
final version contained fewer explicit demands on international service providers than many had
feareda possible sign that the state was willing to compromise to sustain foreign support for the
developing ICT sector. Unfortunately, the implications for the Vietnamese people remain grave.
The decrees provisions on both content and rights are vague enough to allow free interpretation by
a seemingly limitless number of relevant organizations and individuals. Though it did not impact
the coverage period of this report, it bodes ill for internet freedom in the years to come.
OBSTACLES TO ACCESS
Internet penetration slowed in 2012 after years of phenomenal growth fuelled by decreasing costs
and improving infrastructure since the internet was introduced in 1997. Some areas reached
saturation; others suffered from an economic downturn. Available bandwidth grew a modest 10
percent from 2011 to 2012, after a 250 percent increase between 2010 and 2011, according to
official figures.3 Even so, by the end of 2012, internet penetration was above the global average at
39 percent,4 and Vietnam ranked 81 on the 2012 International Telecommunication Unions index
of ICT development, higher than neighboring countries with larger GDPs like Thailand, Indonesia,
and the Philippines.5
Vietnam does not report figures for computer literacy, but the 93 percent overall literacy rate has
helped equip the adult population to use computers.6 In large cities, the internet has surpassed
newspapers as the most popular source for information.7 Wi-Fi connections are free in many urban
spaces such as airports, cafes, restaurants, and hotels. Cybercafs, though affordable for most urban
dwellers,8 provide access for just 36 percent of internet users, and almost 90 percent of citizens can
access the internet in their homes and workplaces, 2012 research shows.9 While access is more
limited for the 70 percent of the population living in rural areas, with ethnic minorities and remote,
impoverished communities especially disadvantaged, the research documented a remarkable 95
percent of citizens aged 15 to 24 with internet access nationwide. In a country where 54 percent of
the population is under 30 and 75 percent of all internet users are under 35, this is a promising
trend.
VietnamInternetNetworkInformationCenter,StatisticsonInternetDevelopment.
5
InternationalTelecommunicationUnion,MeasuringtheInformationSociety,2012,http://bit.ly/QfIEtR.
6
UNICEF,AtaGlance:Vietnam,accessedJuly2013,http://www.unicef.org/infobycountry/vietnam_statistics.html.
7
TnhhnhsdngInternettiVitNam2011[TheSituationofInternetUseinVietnamin2011],VNVIC,August3,2011,
http://vnvic.com/tintuccongnghe/140tinhhinhsudunginternettaivietnam2011.html.
8
VitNam:20%khngtintngthngtintrnInternet[Vietnam:20%DoNotTrustInformationontheInternet],PANews,
April15,2010,http://news.pavietnam.vn/archives/1547.
9
WeAreSocial,Social,DigitalandMobileinVietnam,October30,2012,http://bit.ly/Stwb8z.
4
VIETNAM

Mobile phone penetration was almost 150 percent in 2012, indicating that some subscribers have
more than one device.10 Fifty-six percent of users accessed the internet via a mobile device in 2012,
almost double the number in 2011.11 A third-generation (3G) network, which enables internet
access via mobile phones, has been operating since the end of 2009, and the number of users is
slowly expanding. By the first quarter of 2012, 3G users were estimated to account for 11 percent
of the overall market.12
The three biggest internet service providers (ISPs) are the state-owned Vietnam Post and
Telecommunications (VNPT), which dominates 63 percent of the market; the military-owned
Viettel (9 percent), and the privately owned FPT (22 percent).13 VNPT and Viettel also own the
three largest mobile phone service providers in the country (MobiFone, VinaPhone, and Viettel),
which serve 93 percent of the countrys subscriber base, while three privately owned companies
share the remainder.14 While there is no legally-imposed monopoly for access providers, informal
barriers still prevent new companies without political ties or economic clout from entering the
market. Similarly, there is a concentration of internet-exchange providers, which serve as gateways
to the international internet: Four out of six are state or military-owned.15
The Vietnam Internet Center (VNNIC) allocates internet resources, such as domain names, under
the Ministry of Information and Telecommunication. Three additional ministriesinformation and
culture (MIC), public security (MPS), and culture, sport, and tourism (MCST)manage the
provision and usage of internet services. On paper, the MCST regulates sexually explicit and
violent content, while the MPS oversees political censorship. In practice, however, all such
guidelines are issued to relevant bodies by the ruling Vietnamese Communist Party in a largely
nontransparent manner. In 2008, the MIC created the Administrative Agency for Radio,
Television, and Electronic Information. Among other duties, the agency is tasked with regulating
online content, which includes drafting guidelines for blogs and managing licenses for online
media.16
LIMITS ON CONTENT
The impact of the 2013 internet management decree, which introduced vaguely-worded content
restrictions and sought to increase companies liability for implementing them, has yet to be seen.
While its implications are potentially far-reaching, however, it was just the latest in a series of
decrees that heavily restrict political commentary and instill self-censorship in an otherwise diverse
10
InternationalTelecommunicationUnion,MobileCellularTelephoneSubscriptions,20002012;VietnamPostandTelecom
Hanoi,VitNamc136triuthubaoding,[VietnamHas136MillionMobilePhoneSubscribers],July2,2013,
http://www.vnpthanoi.com.vn/web/tintuc_chitiet.asp?news_id=5109.
11
Thankiu,CimigoNetCitizensReport2012,http://bit.ly/164vsBv.
12
GSMAIntelligence,3GgrowthstallsinVietnam,April2012,http://bit.ly/1azUNmE.
13
ThtrngInternetcngscnhngvstnhp?[WilltheInternetMarketseeMergers?],ICTNews,September21,
2012,http://ictnews.vn/home/Internet/77/Thitruong%C2%A0Internetcungseconhungvusapnhap/105064/index.ict.
14
GSMAIntelligence,3GgrowthstallsinVietnam.
15
Thefourare:VNPT,Viettel,HanoiTelecom,andVTC.
16
GeoffreyCain,BloggerstheNewRebelsinVietnam,SFGate,December14,2008,http://bit.ly/1bhBy1W.
VIETNAM

and lively blogging community. Whats more, while content limits are nothing new in Vietnam,
online content was increasingly subject to manipulation in the past year, and officials acknowledged
paying commentators for the first time, a sign that information authorities are diversifying their
tactics for controlling popular discourse.
While the Vietnamese government has fewer resources to devote to online content control than its
counterpart in China, the authorities have nonetheless established an effective and increasingly
sophisticated content-filtering system. Censorship is implemented by ISPs rather than at the
backbone or international gateway level. No real-time filtering based on keywords or deep-packet
inspection has been documented. Instead, specific URLs are identified in advance as targets for
censorship and placed on blacklists; ISPs are legally required to block them or lose their license.
Some users report being notified that a censored site has been deliberately blocked, while others
receive a vague error message saying the browser was unable to locate the websites server.
Censorship ostensibly limits sexually explicit content. In practice, however, it primarily targets
topics with the potential to threaten the VCPs political power, including political dissent, human
rights and democracy. Websites criticizing the governments reaction to border and sea disputes
between China and Vietnam are subject to blocking. Content promoting organized Buddhism,
Roman Catholicism, and the Cao Dai religious group is blocked to a lesser but still significant
degree.17 Vietnamese sites critical of the government are generally inaccessible, whether they are
hosted overseas, such as Talawas, Dan Luan, and Dan Chim Viet, or domestically, like Dan Lam Bao
and Anh Ba Sam.
Censors largely focus on Vietnamese-language content, so the New York Times and Human Rights
Watch websites are accessible, while the U.S.-funded Radio Free Asias Vietnamese-language site is
not; BBC websites are accessible in English but not Vietnamese. Blocking is not consistent across
ISPs. A 2012 OpenNet Initiative test of 1,446 sites found Viettel blocked 160 URLs, while FPT
blocked 121, and VNPT only 77.18 There is no avenue for managers of blocked websites to appeal
censorship decisions.
The unpredictable and nontransparent ways in which topics become forbidden make it difficult for
users to know where exactly the red lines lie, and many self-censor. Bloggers and forum
administrators commonly disable commenting functions to prevent controversial discussions.
Online media outlets and internet portals are state-owned and subject to VCP censorship. The
partys Department for Culture and Ideology and the MPS regularly instruct online newspapers or
portals to remove content they perceive as critical of the government. Editors and journalists who
post such content risk disciplinary warnings, job loss, or imprisonment.
17
VietnameseGovernmentExpandsInternetCensorshiptoBlockCatholicWebsites,CatholicNewsAgency,August6,2009,
http://bit.ly/15BVkX4.
18
OpenNetInitiative,UpdateonThreatstoFreedomofExpressionOnlineinVietnam,September10,2012,
http://opennet.net/blog/2012/09/updatethreatsfreedomexpressiononlinevietnam.
VIETNAM

Since 2008, a series of regulations have extended controls on traditional media content to the
online sphere. In December of that year, the state passed Decree 97 and MIC Circular 7 ordering
blogs to refrain from political or social commentary and barred internet users from disseminating
press articles, literary works, or other publications prohibited by the Press Law.19 Blogging
platforms were instructed to remove this harmful content, report to the government every six
months, and provide information about individual bloggers upon request.20 Censorship of antigovernment content increased, though blogs hosted overseas were unaffected. A decree followed in
2011, giving authorities power to penalize journalists and bloggers for a series of ill-defined
infractions, including publishing under a pseudonym. The decree differentiated sharply between
journalists accredited by the government and independent bloggers, who are allowed far fewer
rights and protections.21
The Decree on the Management, Provision, Use of Internet Services and Internet Content Online,
introduced by the MIC in May 2012 and passed just over a year later, extends this repressive
trajectory by further regulating domestic internet use and replacing blogs with a broader
definition of social networks to encompassing a range of online platforms.22 Article 5 limited
overbroad categories of online activity including opposing the Socialist Republic of Vietnam,
inciting violence, revealing state secrets, and providing false information.
The decree sought to force intermediariesincluding those based overseasto regulate thirdparty contributors in cooperation with the state. Vietnamese authorities have acknowledged this
goal in the past. The deputy minister of information and communications said he would request
Google and Yahoo cooperate with censors as early as 2008;23 yet the new decree asks all social
network operators to eliminate or prevent information prohibited under Article 5. It also
mandated that companies maintain at least one domestic server serving the inspection, storage,
and provision of information at the request of competent authorities. Social networks were further
instructed to provide personal information of the users related to terrorism, crimes, and violations
of law on request. It did not outline what penalties non-compliant companies could face, and how
the decree might be enforced remains unclear. It came into effect after the coverage period of this
report.
19
OpenNetInitiative,Vietnam,August7,2012,https://opennet.net/research/profiles/vietnam;TheGovernment,DecreeNo
97/2008/NDCPofAugust28,2008,OfficialGazette1112,August2008,
http://english.mic.gov.vn/vbqppl/Lists/Vn%20bn%20QPPL/Attachments/6159/31236373.PDF;MinistryofInformationand
Communications,CircularNo.07/2008/TTBTTTTofDecember18,2008,OfficialGazette67,January2009,
http://english.mic.gov.vn/vbqppl/Lists/Vn%20bn%20QPPL/Attachments/6145/23434370.pdf.
20
KarinDeutschKarlekar,ed.,Vietnam,FreedomofthePress2009(NewYork:FreedomHouse,2009).
21
Article19,CommentontheDecreeNo.02of2011onAdministrativeResponsibilityforPressandPublicationActivitiesof
thePrimeMinisteroftheSocialistRepublicofVietnam,June2011,
http://www.article19.org/data/files/pdfs/analysis/commentonthedecreeno.02of2011onadministrativeresponsibility
forpr.pdf;Decree02/2011/NDCP[inVietnamese],January6,2011,availableatCommitteetoProtectJournalists,
http://cpj.org/Vietnam%20media%20decree.pdf.
22
DecreeNo.72/2013/NDCP,datedJuly15,2013oftheGovernmentonManagement,ProvisionandUseofInternetServices
andOnlineInformation,LutMinhKhu,http://luatminhkhue.vn/copyright/decreeno722013ndcp.aspx.
23
AnnBinlot,VietnamsBloggersFaceGovernmentCrackdown,Time,December30,2008,
http://www.time.com/time/world/article/0,8599,1869130,00.html.
VIETNAM

Tools for circumventing censorship, such as proxy servers, are relatively well-known among
younger, technology-savvy internet users in Vietnam, and many can be found with a simple Google
search. The authorities are not known to have instituted restrictions on content transmitted via email or mobile phone text messages.
Besides expanding censorship, the government has adopted new measures to manipulate public
opinion online, acknowledging their deployment of up to 1000 public opinion shapers to produce
and spread progovernment content in early 2013.24 Hanois Propaganda and Education Department
revealed that it runs at least 400 online accountswhat kind was not specifiedand 20 microblogs
to fight online hostile forces, according to international news reports. Also in 2012, some blogs,
such as Quan Lam Nao, established themselves as populist voices criticizing high-profile members of
the party. Their critics counter that these platforms reflect the partys internal power struggles and
are not objective measures of increasing freedom online.
Despite government restrictions, Vietnams internet is vibrant and offers a diversity of content in
the Vietnamese language. The Vietnamese blogosphere started around 2006 with Yahoo! 360
attracting about 15 million Vietnamese users at the height of its popularity.25 Since Yahoo
terminated the service in mid-2009, some stayed with its replacement 360Plus, while others
migrated to Blogger, WordPress, or local networks such as YuMe, which are popular for
entertainment content.
YouTube, Twitter, and international blog-hosting services are freely available and growing in
popularity. Facebook, which faced sporadicand officially unacknowledgedblocks in 2010 and
2011, was generally accessible on all types of devices in early 2013. Users of the service surged
from 4 million in 2011 to 8.5 million by Oct 2012, overtaking local competitor Zingwith 8.2
million subscribersas the top social network in Vietnam.26 In 2010, the MIC launched a
government-backed social network called Go.VN, which requires users to register with their real
name and government-issued identity number when creating an account. The initial response to the
new initiative was limited.27 By early 2013, Go.VN had morphed into a mere entertainment portal.
Although most blogs address personal and nonpolitical topics, citizen journalism has emerged as an
important source of information for many Vietnamese, particularly given the tightly controlled
traditional media. People now recognize the parallel existence of official media and alternative
counterparts operating exclusively online. Websites such as Anh Ba Sam, Que Choa or Bauxite Vietnam
react quickly to socio-political events and have established themselves as influential opinion makers
that were influential in mobilizing demonstrations on the streets of Hanoi and Ho Chi Minh City to
protest Chinas claim on the Paracel and Spratly Islands in 2011; the protests lasted several months
24
VietnamAdmitsDeployingBloggerstoSupporttheGovernment,BBC,January11,2013,
25
AryehSternberg,VietnamOnline:ThenandNow,iMediaConnection,January5,2010,
http://www.imediaconnection.com/content/25480.asp.
26
WeAreSocial,Social,DigitalandMobileinVietnam.
27
JamesHookway,InVietnam,StateFriendsYou,WallStreetJournal,October4,2010,
VIETNAM

before the authorities shut them down and sent one of the organizers to an education camp.28 In
2012, blogs played an important role in rallying public opinion and providing evidence against the
local government of some provinces such as Hai Phong and Hung Yen, after local authorities
controversially seized agricultural land from farmers, whose violent resistance shocked the
country.29

Over the last five years, Vietnam has subjected bloggers and online writers to extended
interrogations, imprisonment, and physical abuse, a repressive trend that intensified in 2012 and
2013. Vietnam was the worlds second biggest prison for netizens after China in 2013, with more
than 30 bloggers and cyber-dissidents detained, according to Reporters Without Borders.
Sentences handed down in cursory trials, which are often closed to the press, are getting longer.
Blogger Nguyen Van Hai, already jailed since 2008, was sentenced to an additional 12 years in
prison on anti-state charges in 2012, while at least three activistswho may have come to police
attention in part because of their online activitywere sentenced to 13 years each.
The constitution affirms the right to freedom of expression, but in practice, the VCP has strict
control over the media. Legislation, including internet-related decrees, the penal code, the
Publishing Law, and the State Secrets Protection Ordinance, can be used to imprison journalists
and bloggers. The penal codes notorious Articles 79 and 88 are commonly used to prosecute and
imprison bloggers and online activists for subversion and propaganda against the state.30 The
judiciary is not independent but follows the partys command, especially in trials related to free
expression, which often last only a few hours. When detaining bloggers and online activists, the
police routinely flout due process, arresting individuals without a warrant or retaining them in
custody beyond the maximum period allowed by law.
Reporters Without Borders counted 32 netizens imprisoned in Vietnam as of April 30, 2013, a
figure which climbed to 35 in June.31 The same group had documented 17 bloggers jailed in mid2011. This significant jumpwhich took Vietnam past Irans mid-2013 total of 25 bloggers behind
barswas fuelled by a January 2013 court ruling that found 14 Catholic students, bloggers, and
human rights activists guilty of subversion under Article 79. The activists, who were mostly in their
twenties and thirties, had been arrested after returning from training in Bangkok on non-violent
struggle organized by the U.S.-based anti-communist party Viet Tan in 2011. At least five were
regular contributors to the Catholic website Vietnam Redemptorist News;32 other online activity was
28
NgibiutinhThuHngbavotri[DemonstratorThuHangSenttoCamp],BBCVietnamese,December9,2011,
http://www.bbc.co.uk/vietnamese/vietnam/2011/12/111209_bui_hang_arrested.shtml.
29
StuartGrudgings,WebSnaresVietnamasBloggersSpreadProtestsOverLand,Reuters,August19,2013,
http://www.reuters.com/article/2012/08/19/usvietnambloggersidUSBRE87I09I20120819.
30
ReportersWithoutBorders,InternetEnemies:Vietnam.
31
ReportersWithoutBorders,2013:NetizensImprisoned,http://en.rsf.org/pressfreedombarometernetizens
imprisoned.html?annee=2013.
32
CommitteetoProtectJournalists,BloggersimprisonedinmasssentencinginVietnam,newsalert,January9,2013,
http://www.cpj.org/2013/01/bloggersimprisonedinmasssentencinginvietnam.php.
VIETNAM

less well-documented, but may well have contributed to the charges against the group, which
included participating in propaganda against the Socialist Republic of Vietnam.33 The shortest
sentence given was 3 years prison followed by 2 years house arrest, while at least three were jailed
for 13 years with 3 years house arrest.34
Arrests continued to be reported during the coverage period. In October 2012, police detained
two students, Nguyen Phuong Uyen, 21, and Dinh Nguyen Kha, 25, for disseminating antigovernmental materials in public places and online; they were jailed for 6 and 10 years respectively
in May 2013.35 Respected lawyer and blogger Le Quoc Quan was also arrested in December 2012,
shortly after the BBC Vietnamese service published one of his articles on its website; his trial
remains pending.36
The longest-serving blogger in prison in 2013 was Nguyen Van Hai, a vocal critic of the
governments human rights record and an advocate for Vietnamese sovereignty over the Spratly
Islands, also known by the title of his blog, Dieu Cay. He was sentenced in late 2008 to two and a
half years in prison on tax evasion charges that observers viewed as politically motivated.37 After
completing that term, authorities kept him in detention until September 2012,38 when a new trial
court sentenced him to an additional 12 years in prison and 5 years under house arrest for activities
against the government.39 Two others were sentenced at the same trial: Phan Thanh Hai, who
blogged as Anh Ba Sai Gon and was arrested in late 2010 on the charge of distributing false
information on his website, was sentenced to three years, while Ta Phong Tan, a former female
police officer turned social justice blogger arrested in September 2011 for blog posts that allegedly
denigrated the state, was jailed for ten.40 Ta Phong Tans mother committed suicide by setting
herself on fire outside of the local Peoples Committee building to protest against her daughters
trial. Others serving long term sentences in 2013 include one of Vietnams most vocal online
dissidents, Cu Ha Huy Vu, who is serving a sentence of seven years in prison and three years house
arrest handed down in a 2011 trial that barred access to the public and media.41
In addition to imprisonment, bloggers and online activists have been subjected to physical attacks,
job loss, termination of personal internet services, travel restrictions, and other violations of their
33
SethMydans,ActivistsConvictedinVietnamCrackdownonDissent,NewYorkTimes,January9,2013,
http://www.nytimes.com/2013/01/10/world/asia/activistsconvictedinvietnamcrackdownondissent.html?_r=0.
34
LongPrisonTermsForDissidentVietnamBloggers,GlobalVoicesOnline,January12,2013,
http://globalvoicesonline.org/2013/01/12/longprisontermsfordissidentvietnambloggers/.
35
NguynPhngUynbpht6nmt,inhNguynKha10nmt[NguyenPhuongUyenSentencedto6Years,Dinh
NguyenKhato10YearsPrison],ThanhNien,May16,2013,http://www.thanhnien.com.vn/pages/20130516/nguyenphuong
uyenbiphat6namtudinhnguyenkha10namtu.aspx.
36
HumanRightsWatch,Vietnam:DropChargesAgainstLeQuocQuan,July8,2013,
http://www.hrw.org/news/2013/07/07/vietnamdropchargesagainstlequocquan.
37
HumanRightsWatch,Banned,Censored,HarassedandJailed,newsrelease,October11,2009,
http://www.hrw.org/en/news/2009/10/11/bannedcensoredharassedandjailed.
38
CommitteetoProtectJournalists,2012PrisonCensus:Vietnam,accessedMay,2013,http://cpj.org/imprisoned/2012.php.
39
YnviiuCyvTPhongTn[SentencesupholdforDieuCayandTaPhongTan],BBCVietnamese,December28,
2012,www.bbc.co.uk/vietnamese/vietnam/2012/12/121228_xu_khang_an_dieu_cay.shtml+&cd=10&hl=vi&ct=clnk&gl=vn.
40
AnOddOnlineRelationship,Economist(Blog),August9,2012,
http://www.economist.com/blogs/banyan/2012/08/internetfreedomvietnam.
41
ReportersWithoutBorders,PrimeMinisterUrgedtoFreeAllImprisonedBloggersandJournalists,September1,2011,
http://en.rsf.org/vietnamprimeministerurgedtofreeall01092011,40879.html.
VIETNAM

rights. Blogger Nguyen Hoang Vi reported that the police forcibly stripped and sexually assaulted
her after she tried to attend Dieu Cay and his co-defendants December 2012 appeal hearing.42 In
February, Le Anh Hung, whose blog accused high-ranking Vietnamese leaders of corruption, was
detained in a mental institution for 12 days, without a medical examination.43
Vietnamese authorities monitor online communications and dissident activity on the web and in
real time. Cybercaf owners are required to install special software to track and store information
about their clients online activities,44 and the 2013 internet management decree holds cybercaf
owners responsible if their customers are caught surfing bad websites.45 Citizens must also
provide ISPs with government-issued documents when purchasing a home internet connection. In
late 2009, the MIC announced that all prepaid mobile phone subscribers would be required to
register their ID details with the operator, and individuals are allowed to register only up to three
numbers per carrier.46 As of early 2013, however, the registration process is not linked to any
central database and could be easily circumvented using fake ID numbers.47 Real-name registration
is not required to blog or post online comments, and many Vietnamese do so anonymously.
Decree 72 may change that, and its privacy implications attracted concern throughout the year
before it took effect. As outlined above, all providers and social networks in particular, are ordered
to provide user information to competent authorities on request, but with no real procedures or
oversight to discourage intrusive registration or data collection.48 Users themselves were given the
ambiguous right to have their personal information kept confidential in accordance with law.
Other sections gestured in the direction of improved information security by encouraging providers
of online information to deploy technical systems and techniques. Unfortunately, implementation
of these nebulous provisions is left to the discretion of ministers, heads of ministerial agencies,
heads of governmental agencies, the presidents of peoples committees of central-affiliated cities
and provinces, relevant organizations and individuals under the guidance of the minister of
information and communications, leaving anonymous and private communication subject to
invasion from almost any authority in Vietnam in the coming years.
Blogger harassment has coincided with systematic cyberattacks targeting individual blogs as well as
websites run by other activists in Vietnam and abroad that were first documented in September
2009.49 The worst of these occurred in 2010 and involved dozens of sites, including those operated
42
NguyenHoangVi,WhathappenedonthedayoftheAppealHearingforthemembersofTheFreeJournalistNetwork,Dan
LamBao,January2013,http://danlambaovn.blogspot.com/2013/01/whathappenedondayofappeal
hearing.html#.UgEGCJK1EwD.
43
BloggerLeAnhHungduocthavenha[BloggerLeAnhHungreleased],BBCVietnamese,February5,2013,
www.bbc.co.uk/vietnamese/vietnam/2013/02/130205_leanhhung_released.shtml+&cd=2&hl=vi&ct=clnk&gl=vn.
44
InternetCensorshipTighteninginVietnam,AsiaNews,June22,2010,http://www.asianews.it/newsen/Internet
censorshiptighteninginVietnam18746.html.
45
OpenNetInitiative,UpdateonThreats.
46
PhongQuan,SimCardRegistrationNowRequiredinVietnam,VietnamTalkingPoints,January16,2010,
http://talk.onevietnam.org/simcardregistrationnowrequiredinvietnam/
47
Qunlthubaodingtrtrc:Chuynkhngd,[ManagingPrepaidMobileSubscribersIsntEasy],Vinhphuc,January
14,2013,http://www.vinhphuc.vn/ct/cms/Convert/thihanhpl/Lists/tintuc/View_Detail.aspx?ItemID=10.
48
DecreeNo.72/2013/NDCP.
49
HumanRightsWatch,Vietnam:StopCyberAttacksAgainstOnlineCritics,newsrelease,May26,2010,
http://www.hrw.org/news/2010/05/26/vietnamstopcyberattacksagainstonlinecritics.
VIETNAM

by Catholics who criticize government confiscation of church property, forums featuring political
discussions, and a website raising environmental concerns about bauxite mining.50 The attackers
infected computers with malicious software disguised as a popular keyboard program allowing
Microsoft Windows to support the Vietnamese language. Once infected, computers became part of
a botnet, or network whose command-and-control servers were primarily accessed from internet
protocol (IP) addresses inside Vietnam. Hackers manipulated that network to carry out denial-ofservice (DoS) attacks, according to independent investigations by the internet security firm McAfee
and Google. Googles report estimated that potentially tens of thousands of computers were
affected, most belonging to Vietnamese speakers.51 McAfee stated that the perpetrators may have
political motivations, and may have some allegiance to the government of the Socialist Republic of
Vietnam.52 The Vietnamese authoritieswho have proudly advertised their ability to destroy
bad websites and blogs53took no steps to find or punish the attackers.
In 2012 and 2013, hackers continued to target a handful important alternative blogs, including Anh
Ba Sam and Que Choa.54 It is now common practice for sites to post a list of alternative URLs in case
the current one is hacked.
50
AuthoritiesCrushOnlineDissent;ActivistsDetainedIncommunicado,FreeNewsFreeSpeech(blog),June2,2010,
http://freenewsfreespeech.blogspot.com/2010/06/authoritiescrushonlinedissent.html.
51
GeorgeKurtz,VietnameseSpeakersTargetedinCyberattack,CTO(Blog),March30,2010,
http://siblog.mcafee.com/cto/vietnamesespeakerstargetedincyberattack/;NeelMehta,TheChillingEffectofMalware,
GoogleOnlineSecurityBlog,March30,2010,http://googleonlinesecurity.blogspot.com/2010/03/chillingeffectsof
malware.html.
52
Kurtz,VietnameseSpeakersTargetedinCyberattack.
53
HumanRightsWatch,Vietnam:StopCyberAttacksAgainstOnlineCritics.
54
DavidBrown,MysteriousAttackonaVietnameseBlog,AsiaSentinel,March18,2013,
VIETNAM
ZIMBABWE
2012

Total (0-100)
2013
PARTLY PARTLY
FREE FREE
17
14
23
54
16
14
24
54


There were no reports of internet content being blocked or filtered during the coverage
period, though various ruling party officials publicly expressed the desire to increase
control over ICTs, particularly in the lead-up to the July 2013 general elections (see
LIMITS ON CONTENT).
An anonymous Facebook user with the pseudonym Baba Jukwa became a social media
sensation for his posts exposing supposed secrets from within the ZANU-PF ruling
party, in addition to his naming and shaming campaign against corrupt party officials
Two mobile phone users were arrested for allegedly sending text messages that insulted
the president (see VIOLATIONS OF USER RIGHTS).
An investigative report in early 2013 uncovered evidence of a massive cyber training
program for Zimbabwean security agents facilitated by Iranian intelligence organizations
ZIMBABWE

Zimbabwes 2013 internet freedom status reflects developments in the country from May 1, 2012 to
April 31, 2013, which are covered in this report. However, the July 2013 general elections entailed a
number of events that directly impacted the countrys internet freedom landscape.
The 2013 political contestations in Zimbabwe were likely the most internet-fueled elections to date, as
various parties took to social media to campaign and promote their platforms in advance of the general
elections that occurred on July 31, 2013. All major political parties had a presence on Facebook and
Twitter,1 and leading political figures used the internet to engage with citizens both in Zimbabwe and
the diaspora on a daily basis. Social media was also widely used to encourage citizens to vote and
counter electoral corruption, among other issues, while numerous websites were launched to monitor
election irregularities 2
At the time of writing in August 2013, there were no reports of internet content being blocked, or of
online users arrested for their activities related to the elections, though the sensational popularity of
the anonymous Facebook user, Baba Jukwa, elicited a desire by the ruling party to crackdown against
individuals using social media to express criticism against the government (see Limits on Content).3
Despite the lack of internet censorship, in the week leading up to the July 31 elections, the
telecommunications regulator POTRAZ reportedly issued a directive to the private mobile phone
provider, Econet, to block the dissemination of bulk SMS messages sent through its international
gateway.4 Meanwhile, the independent community radio station, Radio Dialogue, reported frequent
internet disconnections in its office, and internet caf owners reported slow internet connectivity.5
While the governments hand behind the disruptions could not be confirmed, state control over two of
the countrys five international gateways, as well as the states ability to issue directives to private
telecom providers, increase the likelihood of deliberate government interference.
INTRODUCTION
Zimbabwe has witnessed an upsurge in internet use, and despite the countrys recent history of
political instability and economic volatility, the past two years have seen a sizeable investment in
the ICT sector, which had largely been stagnant over the previous decade. In 2012 and early 2013,
access to ICTs remained nominally free from direct government interference with the exception of
Free&FairZimbabweElectionsFacebookpage,accessedAugust1,2013,
http://www.facebook.com/zimbabweelection?hc_location=stream.
2
InHeavyZimbabweVoting,NoRepeatofDisastrous2008Events,NewYorkTimes,July31,2013,http://nyti.ms/1aFwwvn.
3
CrisChinaka,CatandMouseinZimbabwesElectionCyberWar,Reuters,July26,2013,
http://www.reuters.com/article/2013/07/26/uszimbabweelectionsinternetidUSBRE96P0SU20130726.
4
BrandonGregory,ZimbabweAuthoritiesBlockAwardWinningSMSServiceforPoliticalReasons,Humanipo,July30,2013,
http://www.humanipo.com/news/7611/ZimbabweauthoritiesblockawardwinningSMSserviceforpoliticalreasons/.
5
GeorgeMpofuandNicoletteZulu,FFZE:ZimInternet,PhonesJammedDayAheadofVote,Free&FairZimbabweElection,
July30,2013,http://zimbabweelection.com/2013/07/30/ffzeziminternetphonesjammeddayaheadofvote/.
ZIMBABWE

the July 2013 elections period, though the relative openness is more likely due to a lack of
resources to affect control than a lack of intention.
As Zimbabwes internet community, both local and in the diaspora, has become more assertive in
discussing socioeconomic and political issues online, the Zimbabwean African National Union
Patriotic Front (ZANU-PF) ruling party under President Robert Mugabe has become increasingly
concerned about the internets ability to mobilize political opposition, particularly the Movement
for Democratic Change (MDC) under Morgan Tsvangirai. Accordingly, ZANU-PF officials made
several public demands to stop what it calls the abuse of information and communication
technologies (ICTs) in 2012.6 Meanwhile, two citizens were arrested in the past year for sending
text messages on their mobile phones that allegedly insulted the president.
Zimbabwes new constitution was enacted in May 2013, giving freedom of expression a boost both
on and offline through its provisions on freedom of the press, access to government information, as
well as protection for sources of information. Such guarantees, however, are likely to be nominal,
given the ruling partys trend of taking extralegal actions against Zimbabwean citizens. Further,
state security officials continue to have the authority to monitor and intercept ICT communications
at will, and an investigative report revealed in early 2013 that Zimbabwean security agencies have
been receiving cyber training assistance from Iranian intelligence organizations since 2007.
OBSTACLES TO ACCESS
Internet access has continued to expand in Zimbabwe, growing from a penetration rate of nearly 16
percent in 2011 to over 17 percent in 2012, according to the International Telecommunications
Union (ITU).7 This figure, however, may not reflect the growing number of users who are
accessing the web on their mobile devices. Research from June 2012 indicated that about 70
percent of Zimbabwean internet users are logging online via mobile phones,8 which likely accounts
for the rapid spike in mobile phone penetration from 72 percent in 2011 to nearly 97 percent in
2012.9
Similar to most countries in Africa, Zimbabwe benefits from low-cost, internet-enabled imitation
mobile phones from Asia. Internet access on mobile phones has been further facilitated by the
introduction of 3G, 4G and EDGE technology in the past few years.10 The decreasing price of
mobile internet accesswhich dropped from $1.50 per megabyte (MB) in 2011 to $1 per MB as of
May 2013has also facilitated increased access. Subscription fees for 3G services have gone down
6
EversonMushava,TechnologyaSecurityThreat:Sekeremayi,Newsday,May9,2013,
http://www.newsday.co.zw/2013/05/09/technologyasecuritythreat/.
7
8
BrianGondo,InsightsintoZimInternetUsage,Techzim,June12,2012,http://www.techzim.co.zw/2012/06/insightsinto
ziminternetusage/.
9
10
EDGEisafasterversionofthegloballyusedGSMmobilestandard.
ZIMBABWE

to $30 per month for 10 GB, and other services providers are offering 3G services on a pay-as-yougo basis for as little as $0.10 per MB.
While mobile access to the internet has become increasingly affordable, fixed-line internet
subscriptions cost $30-$40 per month (including installation fees) and remain expensive for many
Zimbabweans who earn an average monthly wage of approximately $180.11 Nevertheless, market
competition among service providers is slowly bringing down prices. For example, the cost of
wireless 3G modems has decreased from $60 to $30 and is accessible on prepaid wireless access
devices. Computer prices have also declined from an average of $600 in 2011 to between $350 and
$450 in 2012.
Although competition has decreased the cost of broadband internet access, effective broadband for
home and individual users has not been realized due to the poor infrastructure of the state-owned
fixed-line operator, TelOne. Nonetheless, both the public and private sectors have invested in
expanding coverage to other parts of the country. Presenting the 2013 budget in late 2012, Finance
Minister Tendai Biti stated that $26 million had been spent on Zimbabwes fiber-optic cable system
since 2009, which included the Harare-Bulawayo fiber-optic link that was completed in 2012.12
TelOne was also connected to Namibia Telcoms fiber cable near the border towns of Victoria Falls
and Katima Mulilo in 2012. Meanwhile, other licensed data carriers are continually rolling out
fiber-optic networks across the country and establishing links to international undersea cables,
leading to expanding penetration.13 By the end of 2012, Zimbabwes largest private telecoms
provider, Econet, reported that it had expanded its broadband customer base by 75 percent, with
its GSM and WiMAX (voice and data) services covering nearly 80 percent of the country.14
Most Zimbabweans access the internet in cybercafes, which have experienced a resurgence since
2010 when the countrys economic situation began to improve. Recent ICT investments have also
encouraged the reopening of cybercafes in the countrys urban centers, in addition to the rising
demand for cheaper communication tools such as Voice over Internet Protocol (VoIP)
applications,15 which has been fueled by the growing expatriate population of Zimbabweans seeking
to stay in touch with friends and family back home.
Despite the expanding penetration of ICTs across the country, there remains a significant urbanrural divide in access to both internet and mobile technologies, particularly as a result of major
infrastructural limitations in rural areas, such as poor roads and electricity distribution. A
Zimbabwe All Media Products and Services Survey released in September 2012 found that 41
11
SurveytoAssistPolicymakers:Zimstat,TheHeraldviaAllAfrica,April19,2013,
12
TonderaiRutsito,FibreOptic:2012Newsmaker,TheHerald,January9,2013,http://www.herald.co.zw/fibreoptic2012
newsmaker/.
13
BuddeComm,ZimbabweTelecoms,MobileandBroadband,accessedJuly31,2013,
http://www.budde.com.au/Research/ZimbabweTelecomsMobileandBroadband.html.
14
TawandaKarombo,EconetRevenueandBroadbandUsersSurge,ITWebAfrica,October26,2012,
http://www.itwebafrica.com/telecommunications/154zimbabwe/230183econetrevenueandbroadbandusernumbersurge.
15
EconetWirelesslaunchesVoiP,TeleGeography,January26,2012,
http://www.telegeography.com/products/commsupdate/articles/2012/01/26/econetwirelesslaunchesvoip/.
ZIMBABWE

percent of adults living in urban centers are using the internet,16 with 83 percent of users accessing
the web at least once a month. By contrast, an official government report estimates rural internet
penetration to be 22 percent, though this figure is likely inflated given the national penetration rate
of 17 percent according to the latest ITU data.
The government has endeavored to transform rural postal centers into ICT access points where
internet services would be provided, but this initiative has yet to be fully realized. Even in urban
areas, electricity is regularly rationed for six to seven hours a day, leading to uneven access to the
internet and mobile phone service. Power outages affect not only households but also business
entities such as cybercafes, while prolonged power blackouts often affect mobile telephony signal
transmission equipment, resulting in cut-offs of both mobile networks and internet connections.
Zimbabwe currently has 28 licensed internet access providers (IAPs) and 128 internet service
providers (ISPs),17 the former of which offer only internet access while ISPs may provide additional
services. However, ISP connections are constrained by the limited infrastructure of IAPs through
which they must connect. As set by the telecoms regulator, the Postal and Telecommunications
Regulatory Authority of Zimbabwe (POTRAZ), the license fees for IAPs and ISPs range from $2-4
million, depending on the type of service to be provided, and must be vetted and approved by the
regulator prior to installation.18 Providers must also pay 3.5 percent of their annual gross income to
POTRAZ. Application fees for operating a mobile phone service in Zimbabwe are also steep, and in
2013, the regulator increased the license fees for mobile networks from $100 million to $180
million.19 There are no stringent fees or regulations that hinder the establishment of cybercafs.
While POTRAZ handles the official licensing process for telecoms, insider reports have revealed
that the Zimbabwean military may be involved in screening and approving license applications,
demonstrating that ICTs are regarded as a security matter for the state. There nevertheless have
been no reports of harassment or license denials on the basis of political affiliation. Otherwise,
internet access prices in Zimbabwe are set by ISPs and cybercafe owners and have thus far been free
from state intervention. Individual ISPs submit tariff proposals to POTRAZ, which approves
proposals on a per case basis.
Zimbabwe currently has five international gateways for internet and voice traffic, two of which are
operated by the state-owned fixed network, TelOne, and mobile network, NetOne. The private
mobile operatorsEconet, TeleCel and Africomoperate the other three international
16
ZimbabweAllMediaProductsSurvey,ResearchInternationalBureau,HarareSeptember,ThirdQuarterReport,2012.
ZimbabweInternetServiceProvidersAssociationmembershiplist,http://www.zispa.org.zw/members.html.
18
L.S.MKabweza,ZimbabweRaisesTelecomsLicenceFees,MigratestoConvergedLicensing,TechZim,March12,2013,
http://www.techzim.co.zw/2013/03/zimbabweraisestelecomslicencefeesmigratestoconvergedlicencing/.
19
M.Kadzere,MobileLicenseFeesRaised,TheHeraldviaAllAfrica,March12,2013,
17
ZIMBABWE

gateways.20 There are also two trunk switches for the TelOne fixed network and nine mobile
switching centers,21 set up by the countrys three mobile operators.22
ISPs and mobile phone companies are regulated by the telecommunications regulatory body,
POTRAZ, whose leaders are appointed by the president in consultation with the minister of
transport and communication. POTRAZ has been widely accused of partisanship and politicized
decision-making, such as demanding Econet to reconnect the state-owned mobile phone service
provider NetOne after Econet had cut NetOnes service in August 2012 for defaulting on its
interconnection fee payments.23
LIMITS ON CONTENT
In 2012 and early 2013, there were no reports of internet content being blocked or filtered, though
various ruling party officials publicly expressed a desire and intent to increase control over ICTs.
Civic engagement on social media platforms increased in the last year, fueled in large part by
debates and discussions surrounding the general elections that took place in July 2013, during
which bulk SMS text messaging via the international gateway was blocked while internet
connections were reportedly slow. An anonymous Facebook user with the pseudonym Baba Jukwa
became a social media sensation for its frequent posts that exposed alleged secrets from within the
ZANU-PF ruling party, in addition to its naming and shaming campaign against corrupt party
officials.
Several incidents in previous years hint at the extent to which the authorities are capable of filtering
web content and their intent to do so. The most recent instance of online censorship was reported
in 2006, when the Zimbabwean Reserve Bank had installed an e-mail content filtering system that
blocked e-mails containing the words Morgan Tsvangirai or MDC and other political content.24
It is uncertain whether this practice is still ongoing. There was also a case reported in 2005 in which
the authorities had traced anti-government e-mail content and arrested its suspected senders.25
20
EconetWireless,StatementontheOperationandManagementofInternationalGateways,viaKubatana,October3,2006,
http://www.kubatana.net/html/archive/inftec/061002econet.asp?sector=inftec&year=2006&range_start=1.
21
Atrunkswitchisasystemthatprovidesnetworkaccesstomanyclientsbysharingasetoflinesorfrequenciesinsteadof
providingthemindividually.Amobileswitchingcenter(MSC)connectscallsbyswitchingthedigitalvoicedatapacketsfrom
onenetworkpathtoanother(alsocalledrouting).TheMSCalsoprovidesinformationthatisneededtosupportmobileservice
subscribers,suchasuserregistrationandauthenticationinformation.
22
L.S.MKabweza,AnOverviewofZimbabwesTelecommunicationsPOTRAZPresentationDownload,TechZim,March5,
2010,http://www.techzim.co.zw/2010/03/zimbabwetelecomsoverview/.
23
ZimabwesEconetCutsOffOperatorOverFees,Reuters,August23,2012,
http://www.reuters.com/article/2012/08/23/zimbabweeconetnetoneidUSL6E8JN94C20120823;EconetReversesDecision
toTerminateNetOneInterconnection,TheHeraldviaAllAfrica,August24,2012,
24
AnonymousinterviewswithstatemediajournalistsatZimpapersandZimbabweBroadcastingHoldingsinJanuary2013;
ClappertonMavhunga,TheGlassFortress:ZimbabwesCyberGuerrillaWarfare,ConcernedAfricaScholars,Bulletin80
Winter2008,http://concernedafricascholars.org/docs/acasbulletin804.pdf.
25
OpenNetInitiative,CountryProfile:Zimbabwe,2009,http://opennet.net/research/profiles/zimbabwe.
ZIMBABWE

The last attempt by the authorities to implement a more systematic internet censorship regime
occurred in 2004 when the government proposed a contract for all ISPs requiring them to block
objectionable content and communications that were inconsistent with the laws of Zimbabwe as
well as report malicious messages to the authorities.26 Some ISPs agreed to comply with the
proposed contract before it was declared unconstitutional by the Supreme Court a few months
later.27 No other such attempts to impose systematic restrictions on ICTs have been reported since.
Nevertheless, the government has routinely exhibited a desire to control digital communications,
particularly during times of high political tension, such as elections or other potentially volatile
situations. These efforts have been made primarily through intimidation and threats. Around the
time of ZANU-PFs December 2009 party congress, for example, the authorities issued a warning
to operators against allowing subscribers to use their networks for political purposes, which came
in response to a mass circulation of text messages that had castigated the ruling party. The private
telecom provider, Econet, in turn warned its subscribers that their service would be cut off if they
sent political messages.28
Similarly in 2010, after the MDC announced that it would be using an Econet line to send bulk
SMSs to keep in contact with its supporters, a column appeared in the government-controlled
Herald newspaper that threatened to cancel Econets operating license.29 In response, Econet
openly complained about the MDCs use of the network for political purposes and announced that
it was installing software to identify and block problematic messages. These threat tactics from the
authorities remain to this day and serve as a constant reminder to service providers of the need to
remain in government favor. Mass SMS texting of apolitical nature is largely approved, but mobile
service providers often refrain from carrying bulk messages sent by the MDC. To bypass such
restrictions, the civic organization Kubatana, an online community of Zimbabwean activists and
NGOs, uses an international gateway to send bulk text messages in the country, though this
strategy failed in July 2013 when the regulator POTRAZ blocked international gateway bulk
messaging in advance of the general elections.30
State employees, including those working for state-owned media, exercise self-censorship when
sharing politically sensitive information. The pronounced lack of anonymity on social media
platforms coupled with the attendant fear of repercussions tends to limit politically oriented
statements, since they can be traced back to their authors. Although many journalists contribute to
26
MWebWillObeyZimEmailSnoopingLaws,NewZimbabwe,June2,2004,http://www.newzimbabwe.com/pages/e
mail4.11921.html.
27
SupremeCourtBarsMugabeEmailSnooping,NewZimbabwe,March16,2004,
http://www.newzimbabwe.com/pages/email3.1537.html.
28
ZanuPFTextsSentfromSweden:Econet,NewZimbabwe,December17,2009,http://www.newzimbabwe.com/news
1491Zanu+PF+texts+sent+from+Sweden/news.aspx.
29
ThecolumnwaswrittenunderthepseudonymNathanielManheru,whoisbelievedtobePresidentMugabes
spokesperson.See,BethJones,ZimbabweZANUPFThreatenstoCloseEconetforCarryingaPoliticalCampaign,Zimbio,
June19,2010,
http://www.zimbio.com/Zimbabwe/articles/r4ouXmtsT5e/Zimbabwe+ZANU+PF+threatens+close+Econet+carrying.
30
GarethvanZyl,ZimbabweanRegulatorBlocksBulkSMSasElectionNears,ITWebAfrica,July29,2013,
http://www.itwebafrica.com/ictandgovernance/273zimbabwe/231381zimbabweanregulatorblocksbulksmsaselection
nears.
ZIMBABWE

online news platforms, quite a number use pseudonyms when writing about sensitive issues for fear
of harassment, and citizens are increasingly using pseudonyms online to discuss political topics.31
Debates on the countrys political and socioeconomic issues as well as reactions to online articles
about Zimbabwe are mostly confined to chat rooms and feedback sections of online news sites.
Concerns over state surveillance has also led to increasing self-censorship, and journalists and
human rights defenders who feel threatened often resort to secure e-mail platforms such as HushMail for correspondence out of concern that the Zimbabwe domain name .co.zw is an open book
for state security.
There is a sense that the dominant political elite are losing the online battle. With the growing use
of digital and social media tools, the ruling party has identified ICT-based communication platforms
as a threat to its hold on power and has accordingly grown more intent on regulating and
influencing online content.32 For example, at its December 2012 party conference, a ZANU-PF
official expressed the broad intention to invest at least $5 million in ICT and social media
development to fight cyber warfare.33 Also in December 2012, during a meeting with the Chinese
deputy minister of the State Counsel Information Office who was visiting Zimbabwe at the time, a
ZANU-PF cabinet minister was quoted as stating that there should be some form of control of the
internet and other social media platforms because they [have] the potential to cause strife.34
Meanwhile, Facebook, Google, Yahoo, and YouTube, are among the most popular websites among
Zimbabwean internet users. Media surveys indicate a declining readership of newspapers coinciding
with the rising use of ICT-based platforms for news and other information.35 In keeping with this
shift, traditional media outlets are increasingly resorting to Facebook, Twitter, and other social
media platforms to enhance their engagement with readers and listeners, receive feedback, and
crowd-source news on various issues.36 Due to the restrictive communications space in the country,
blogs have become an important alternative platform for community organizations, minorities,
individuals and online journalists to express their views. New blogs hosted by Blogspot and
WordPress are on the rise, though as with journalists, some bloggers use pseudonyms out of fears of
reprisal.
31
VladimirMzaca,WhatOnlineNewsMeansforZimbabwe,FreeAfricanMedia,April5,2011,
http://www.thezimbabwemail.com/opinion/7745.html;TendaiChari,EthicalChallengesFacingZimbabweanMediainthe
ContextoftheInternet,GlobalMediaJournalAfricaEdition,Zimbabwe,2009,Vol3(1),
globalmedia.journals.ac.za/pub/article/download/19/51;CommitteetoProtectJournalists,SweepingSurveillanceLawto
TargetImperialistSponsoredJournalists,pressrelease,August9,2007,http://allafrica.com/stories/200708090943.html;
BarbaraBorst,AfricanJournalistsStruggletoFindtheirRoleinBuildingDemocracies,PerspectivesonGlobalIssues,Volume2,
Issue2,spring2008,http://www.perspectivesonglobalissues.com/0301/borst.htm.
32
EversonMushava,TechnologyaSecurityThreat:Sekeremayi,Newsday,May9,2013,
http://www.newsday.co.zw/2013/05/09/technologyasecuritythreat/.
33
TawandaMajoni,ZANUPFResolvestoJamPrivateRadioStations,NehandaRadio,December11,2012,
http://nehandaradio.com/2012/12/11/zanupfresolvestojamprivateradiostations/.
34
EversonMushava,ShamuAttackedoverInternetControl,Newsday,December20,2012,
http://www.newsday.co.zw/2012/12/20/shamuattackedoverinternetcontrol/.
35
ZimbabweAllMediaProductsSurvey,ResearchInternationalBureau,HarareSeptember,ThirdQuarterReport,2012.
36
TheNewsdaysFacebookpage,http://www.facebook.com/pages/NewsDayZimbabwe/215170571826981andZiFMsTwitter
account,https://twitter.com/ZiFMStereo.
ZIMBABWE

Independent news websites and other digital media outlets based overseas have emerged as an
important source of alternative information for those able to access them. The websites of outlets
such as New Zimbabwe and Nehanda Radio publish information often obtained from stringers or
other contacts based inside Zimbabwe, at times generating news that is later picked up by
mainstream media outlets. There is no concrete evidence of government manipulation of online
content, though there is some concern over the quality of the news in online publications that often
re-publish content from state-owned sources.
Civil society groups use social media platforms to support imprisoned political activists and human
rights defenders by providing instant updates on the countrys human rights situation and other
political developments.37 Radio stations such as Star and ZiFM are also increasingly using social
media as a tool to facilitate listener feedback and participation in their programs. Meanwhile,
Zimbabwean journalists, long divided across state-owned and independent media lines, have found
space on social media platforms to discuss current affairs and share information, contacts, and tips
on story ideas.38 Nevertheless, the growing use of social media platforms has yet to manifest in
concrete social, political, or economic change in Zimbabwe.
In March 2013, a self-proclaimed disaffected ZANU-PF member created a Facebook page under
the moniker Baba Jukwa, which had drawn a following of over 300,000 Facebook users (compared
to the 100,000 followers both Mugabe and Tsvangirai have each) by July 2013. Characterizing
himself as a Concerned father, fighting nepotism and directly linking community with their
Leaders, Government, MPs, and Ministers,39 Baba Jukwa quickly became a social media sensation
for daily posts that named and shamed politicians for alleged corruption and informed on the ruling
partys supposed secrets. Most notably, the anonymous informant was credited with predicting the
death of a ZANU-PF member of parliament, Edward Chindori Chininga, who died in a suspicious
car accident in June 2013, nine days after Chininga had released a report on widespread corruption
in the countrys diamond mines.40 Threatened by the Facebook pages growing influence, Mugabe
reportedly offered a $300,000 reward for Baba Jukwas identity.41 While the whistleblowers
efforts on Facebook have yet to affect concrete change on the countrys political and social reality,
Baba Jukwas popularity has been described as representing the Zimbabwean peoples growing
appetite for information and transparency, which will only be fuelled by increasing access to
information technology.42
37
FreeCynthiaManjoroand23OtherGlenViewResidentsNOW!Facebookgroup,
http://www.facebook.com/groups/212089078834518/?fref=ts;CrisisCoalitionTwitterpage,
https://twitter.com/crisiscoalition.
38
NewsroomLingosFacebookpagethatbringsZimbabwejournalistsfromstateandindependentmedia,
http://www.facebook.com/groups/390978400932282/?fref=ts.
39
BabaJukwasFacebookpage,accessedJuly31,2013,https://www.facebook.com/pages/BabaJukwa/232224626922797.
40
TheSpiritofWrathisUponUs,Economist,June19,2013,http://www.economist.com/news/middleeastand
africa/21580163mysteriousfacebookcharacterpredictingmurderandmayhemspirit.
41
MaryAnnJolley,MugabeOffers$300,00forOutingofAnonymousWhistleblowerBabaJukwa,ABCNews,July17,2013,
http://www.abc.net.au/news/20130717/mugabeoffers243002c000foroutingofanonymouswhistleblower/4824498.
42
RebeccaReganSachs,BabaJukwavs.MugabetheManOnFacebookStandingUptoZimbabwesPresident,ThinkAfrica
PressviaAllAfrica,July24,2013,http://allafrica.com/stories/201307241382.html?viewall=1.
ZIMBABWE

A new constitution came into force in May 2013 that included provisions for freedom of expression
and of the press. Nevertheless, legal restrictions that contradicted the new constitutional guarantees
remained in place and were frequently used against journalists, particularly for violations in the
traditional media in the lead-up to the July 2013 general elections. Two mobile phone users were
arrested during the coverage period for sending text messages that allegedly insulted the president.
An investigative report in early 2013 uncovered evidence of a massive cyber training program for
Zimbabwean security agents facilitated by Iranian intelligence organizations.
In 2013, Zimbabwe adopted a new constitution that was approved by parliament in May and signed
into law by the president shortly thereafter.43 Sections 60, 61, and 62 of the constitution guarantees
freedom of expression, press freedom, access to information, protection of sources of information
as well as the editorial independence of state-owned media. While these provisions are focused on
the traditional media, it is expected that the new rights will also extend online. Accordingly, online
journalists, bloggers, and citizens using social media platforms to share information can potentially
seek protection under the new constitution.
Nevertheless, there are no laws that specifically protect online modes of communication, and
bloggers are not recognized as eligible for accreditation as journalists. While the judiciary has
sometimes demonstrated a degree of autonomy through rulings that are not necessarily favorable to
the state, some in freedom of expression cases, the government often ignores such decisions. An
appointment process that allows for high levels of executive interference further compromises
judicial independence.
Meanwhile, the countrys civil and criminal defamation laws, the Interception of Communications
Act of 2007, and the Criminal Law Codification and Reform Act (CODE) remain on the books and
apply equally to reporters in the traditional media and online. The CODE punishes anyone who
publicly undermines the authority of the president or insults him in any printed or electronic
medium with a sentence of up to 20 years in prison.44 In addition, Zimbabwe maintains restrictive
access to information and media laws, which include the Access to Information and Protection of
Privacy Act, the Criminal Codification Act, the Public Order and Security Act, and the Officials
Secrets Act, among others. Combined with the extrajudicial actions of both state and non-state
actors, these laws severely limit Zimbabweans ability to access and share information.45
Since the signing of the Global Political Agreement at the end of 2008 that brokered a powersharing deal between Robert Mugabe and Morgan Tsvangirai, violations against journalists have
decreased significantly, though the improvement has not entailed a change in the dominant political
43
CrisChinaka,MugabeSignsZimbabweConstitution,PavingWayforVote,Reuters,May22,2013,
http://www.reuters.com/article/2013/05/22/uszimbabweconstitutionidUSBRE94L0RT20130522.
44
CriminalLaw(CodificationandReform)Act[Chapter9:23],Act23/2004,GovernmentGazette,June3,2005,
http://www.kubatana.net/docs/legisl/criminal_law_code_050603.pdf.
45
ConstitutionofZimbabwe,http://www.gta.gov.zw/index.php/documents/constitutionofzimbabwe.
ZIMBABWE

elites attitude against the independent media. Arrests,46 verbal attacks, and harassment against
traditional media journalists, including expulsion from press conferences, still continue.47
Penalties for online activities, however, have been less common. In one recent case, a South
African-based Zimbabwean man, Benias Madhakasi, was thrown in police custody in April 2012 and
held for three months for insulting the president after it was discovered that he had an image and
inscription on his mobile phone that read, Happy 87th Birthday (Operation Matibili), referring to
the presidents nickname. The prosecutor opposed bail until the High Court threw out the charges
in July 2012.48 In a second case, Bulawayo resident Shantel Rusike was arrested on December 24,
2012 and held for four days after she was reported to the police for sending an image depicting
President Mugabe in a nude state via WhatsApp on her mobile phone.49 Rusike, out on $100 bail,
faces charges of causing hatred, contempt or ridicule of the president, as delineated in the
CODE.50 As of mid-2013, her case was still before the courts.
Website owners, bloggers, and internet users are not required to register with the government,
though mobile phone users must register their SIM cards by submitting personal identity details to
the mobile operator, ostensibly to combat crime and curtail threatening or obscene
communications.51 POTRAZ reported that approximately two million subscribers were
disconnected in mid-2011 as a result of non-compliance,52 though the number of registered mobile
telephone users increased thereafter.
Meanwhile, POTRAZ has maintained a September 2011 banreportedly enacted for security
reasonson the use of the BlackBerry messenger service that enables users to send free messages.53
The ban went into effect in response to unfounded fears that the service had facilitated the 2011
Arab uprisings as well as the violent protests that took place in England in August of the same
year.54 In mid-2011, POTRAZ director general Charles Manzi Sibanda announced that the
regulator was examining the compliance of BlackBerrys encryption technology with the
Interception of Communications Act, which requires that all telecommunication services allow
46
PoliceChargeZimindEditor,Reporter,Newsday,May8,2013,http://www.newsday.co.zw/2013/05/08/policecharge
zimindeditorreporter/.
47
NdakazivaMajaka,MudedegagsMedia,DailyNews,accessed7January2013,
http://www.dailynews.co.zw/mobi/article/News/7ae212a6d66b490c927da75af2da46ce.
48
CourtFreesManFoundwithNudeMugabePictures,NehandaRadio,July25,2012,
http://nehandaradio.com/2012/07/25/courtfreesmanfoundwithnudemugabepictures/.
49
AlexBell,NakedMugabePictureLandsWomaninCourt,NehandaRadio,January9,2013,
http://nehandaradio.com/2013/01/09/nakedmugabepicturelandswomanincourt/.
50
Section33(2)(a)(ii)oftheCriminalLaw(CodificationandReform)Act/CODEChapter9:23.
51
POTRAZIssuesMobilePhoneRegistrationReminder,TechnologyZimbabwe,January31,2011,
http://www.techzim.co.zw/2011/01/potrazregistrationreminder/.
52
TawandaMusarurwa,Zimbabwe:TeleDensityRatetakesDip,TheHeraldviaAllAfrica,May10,2011,
http://allafrica.com/stories/201105110010.html,citedinL.S.MKabweza,ICTPolicyandNewMediaCulturesinSouthern
AfricaZimbabweReport,InternalreportfortheDepartmentofMediaStudies(SouthAfrica:UniversityoftheWitwatersrand,
2011).
53
BlackBerryformerlyoperatedasResearchinMotion.BlackBerryMessengeraDream,TheZimbabwean,June5,2012,
http://www.thezimbabwean.co.uk/technology/58636/blackberrymessengeradream.html.
54
MugabeVetoesBlackberryService,TheZimbabwean,September28,2011,
http://www.thezimbabwean.co.uk/news/zimbabwe/53208/mugabevetoesblackberry.html.
ZIMBABWE

official interception.55 The POTRAZ decision was still outstanding as of October 2012.56 Other
encrypted communication applications, such as Skype, remain accessible.
The Post and Telecommunications Act of 2000 allows the government to monitor
communications, including e-mail, and requires ISPs to supply information to government officials
upon request.57 The act also obligates ISPs to report any e-mail with offensive or threatening
content. Meanwhile, the Interception of Communications Act of 2007 established a Monitoring of
Interception of Communications Center with the powers to oversee traffic in all
telecommunications services and to intercept phone calls, e-mails, and faxes under the pretext of
national security.58 The Act further requires telecommunications operators and ISPs to install
necessary surveillance technology at their own expense and to intercept information on the states
behalf.59 Failure to comply is punishable with a fine and sentence of up to three years in prison.
Warrants allowing the monitoring and interception of communications are issued by the minister of
information at his discretion; consequently, there is no substantial judicial oversight or other
independent safeguard against abuse. The extent and frequency of monitoring therefore remains
uncertain. There are also reports that the Central Intelligence Organization monitors all networks
connected to the IP worlds routing system through the Interception of Communications Unit,
which is administered by a top ZANU-PF politician.60
Following the passage of the ICA in 2007, there were unconfirmed reports that Zimbabwes
government had received surveillance technology and training from China,61 and suspicions of
Chinese technical assistance in controlling ICTs remain strong.62 More recently in March 2013, the
news and internet radio station, Nehanda Radio, reported that it had confirmed a massive cyber
training program that had begun in 2007 with assistance from Iranian intelligence organizations.63
According to the report, personnel from the Zimbabwean armed forces and the CIO have been
undergoing intensive cyber training in technological warfare techniques, counter-intelligence and
methods of suppressing popular revolts among others, every six months.
55
Section12(1)(a)oftheActreads:Notwithstandinganyotherlaw,atelecommunicationserviceprovidershallprovidea
telecommunicationservicewhichhasthecapacitytobeintercepted.
56
BlackBerryZimbabwesFacebookpost,October14,2012,https://www.facebook.com/BlackBerry.Zimbabwe.
57
PostalandTelecommunicationsAct,http://www.potraz.gov.zw/files/Postal_Act.pdf.
58
ReportersWithoutBorders,AllCommunicationsCanNowbeInterceptedUnderNewLawSignedbyMugabe,newsrelease,
August6,2007,http://en.rsf.org/zimbabweallcommunicationscannowbe06082007,17623.html.Thelawisavailableat
Kubatana,http://kubatana.net/docs/legisl/icb_070508.pdf.
59
NqobizithaKhumalo,ZimInternetServiceProvidersStruggletoBuySpyingEquipment,ZimOnline,August10,2007,
http://www.kubatana.net/html/archive/inftec/070810zol1.asp?spec_code=060426commdex&sector=INFTEC&year=0&range_s
tart=1&intMainYear=0&intTodayYear=2010.
60
MugabeVetoesBlackberryService,TheZimbabwean,September28,2011,
http://www.thezimbabwean.co.uk/news/zimbabwe/53208/mugabevetoesblackberry.html.
61
LanceGuma,TooMuchtoMonitorforSnoopingSquads,SWRadioAfrica,August7,2007,
http://www.swradioafrica.com/news070807/snoop070807.htm;ReportersWithoutBorders,AllCommunicationsCanNowBe
InterceptedunderNewLawSignedbyMugabe,newsrelease,August6,2007;Zimbabwesbuggingbillcondemned,BBC
News,June15,2007,http://news.bbc.co.uk/2/hi/africa/6755753.stm.
62
AmberWill,PeekingBehindtheCurtain:AnalyzingChineseAidandInfluenceinZimbabwe,TheFirstTranche(blog),
AidData,July30,2013,http://blog.aiddata.org/2013/07/updatedpeekingbehindcurtain.html.
63
ItaiMushekwe,IranHelpingZimbabweSnooponInternet,NehandaRadio,March27,2013,http://bit.ly/YKatMO.
ZIMBABWE

There have been no reported cases of attacks against bloggers and online journalists, despite
concerns over potential violence and unrest surrounding the 2013 elections in July and its
aftermath. In the first half of 2013, there was an explosion of political content on social media
platforms, with bold and unrestrained political discussions taking place, such as on the Facebook
page of the anonymous informant, Baba Jukwa (see Limits on Content).64 These activities,
particularly those linked to the July 2013 elections, have purportedly alarmed the security and
political sector, and reports indicate that the ruling party and its security agencies are increasingly
focusing on attacking and uncovering the identities of anonymous social media activists.65 What
technology the Zimbabwean authorities do have to monitor internet users has nonetheless failed to
expose the true identity of Baba Jukwa,66 though the whistleblowers Facebook and Twitter
accounts have reportedly been subject to several hacking attacks, resulting in the deletion of some of
Jukwas damaging posts.67
The government has reportedly used Chinese assistance to hack into websites of independent
newspapers, although this also cannot be confirmed. In December 2011, for example, the website
of the Daily News, one of Zimbabwes private newspapers, experienced a series of attacks on its
website, which the Daily Newss information technology department blamed on Chinese hackers
working with in conjunction with the Zimbabwean authorities.68 Meanwhile, government websites
are increasingly the target of hacking attacks, with the website of the Ministry of Mines most
recently hacked in March 2013.
64
EversonMushava,BabaJukwadistressesZANUPF,Newsday,April30,2013,
http://www.newsday.co.zw/2013/04/30/babajukwadistresseszanupf/.
65
BabaJukwa:LegionofMaliciousEngagement,TheHeraldviaAllAfrica,May14,2013,
66
ShouldAfricaBeWorriedAboutChineseCyberEspionage?ICTAfrica,June2,2013,
http://ictafrica.info/FullNews.php?id=9480.
67
JulianAssange,BabaJukwaandCyberpunks,ICTAfrica,May4,2013,http://ictafrica.info/FullNews.php?id=9002.
68
ChineseCyberSpooksIntensifyZimbabweMediaAttacks,TheZimbabweMailtargeted,TheZimbabweMail,December30,
2011,https://groups.google.com/forum/#!topic/InfoAccessNow/PDF_uU5Uk.
ZIMBABWE
GLOSSARY
Definitions are based on Freedom on the Net 2013 research, Merriam Webster Online, www.merriamwebster.com and Webopedia: Online Computer Dictionary for Computer and Internet Terms and Definitions,
www.webopedia.com.
3G: Third generation mobile communications technology, which allows internet access through
mobile phones.
4G: Fourth generation wireless communications standard, allowing broadband mobile internet
access. Several technologies are considered 4G standards, including 4G LTE and WiMAX.
4G LTE: Short for long term evolution, 4G LTE allows mobile internet access up to 10 times
faster than 3G.
ADSL: (see DSL)
Apps: Short for software applications, apps are programs designed for use online or on a
mobile device. Communications apps like WhatsApp and Skype allow real-time messaging or
voice calls.
Blog: Short for weblog, blogs are highly-customizable personal websites, often published on
specific Hosting Services. While blogs cover a broad range of issues and activities, many
provide an important platform for free expression and political debate.
Blogosphere: All the blogs on the internet or within a specific country, for example, the
Tunisian blogosphere.
Broadband: A high-speed internet connection in which a single wire can carry many channels
at once, allowing a high data-transfer rate. Broadband is necessary for viewing multimedia
content.
Bulletin Board System (BBS): An electronic message center. Most bulletin boards serve
specific interest groups; users can post information or products for sale, and other posters can
respond.
GLOSSARY

CDMA: Short for code-division multiple access, CDMA is a 3G mobile technology with high
bandwidth, allowing efficient internet access via cellphone.
Chat Room: An online location that allows multiple users to engage in a real-time, text-based
conversation or discussion
Cybercafe: Any commercial location where patrons can use computers to access the internet
for a specified fee and time.
Cyberspace: The nonphysical world created by computer systems. The internet, for example,
creates a cyberspace within which people can communicate with one another, do research, or
simply window shop.
DDoS Attack: Distributed denial of service attacks try to prevent a website from functioning,
either temporarily or indefinitely, by overloading it with so many requests for data that it slows
down or crashes. Those responsible often infiltrate computers around the world and program
them to join in the assault as an automated network, or botnet.
Dial-up: An internet connection over a standard telephone line, usually with a very slow speed
that makes it difficult to access some features, especially multimedia applications.
Dongle: A device that attaches to a computer via a USB or other port to provide access to
certain applications. If equipped with 3G or WiMax technology, a dongle allows portable
internet access.
DNS: Short for domain name system. DNS is an internet service that translates alphabetic
domain namesthe appellations commonly used to identify websitesinto numerical IP
addresses. Every time a user enters a domain name, a DNS service must translate the name
into the corresponding IP address; for example, the domain name example.com might translate
to 198.105.232.4.
DSL and ADSL: Digital subscriber lines allow data transmission over the wires of a local
telephone network, at a faster speed than dial-up but without obstructing telephone use on
the same line. Variations, grouped as xDSL, include ADSL or asymmetric digital subscriber
lines, which feature a greater flow of data in one direction than in the other, so that download
speeds are often much faster than upload speeds.
Fiber optic cables: Cables made of glass or plastic fibers, used to transmit data. Fiber optic
cables have a much greater bandwidth than metal wires typically used for local telephone
networks, can carry more data, and are less susceptible to interference.
GLOSSARY

FTTH: Short for fiber-to-the-home, FTTH indicates the installation of internet-capable fiber
optic cables directly into a subscribers home. Variations include fiber-to-the-curb (FTTC)
and fiber-to-the-building (FTTB).
Firewall: A system designed to prevent unauthorized access to or from a private network;
implemented in either hardware or software. A firewall blocks any messages entering or leaving
the protected network if they do not meet specific criteria. Companies can use them to prevent
employees from accessing select websites, and several countriesnotably China and Iran
employ firewalls on a national level to prevent citizens from accessing content from abroad.
Forum: An online discussion group in which participants with common interests can exchange
open messages.
GSM: Short for global system for mobile communications, GSM is a narrowband mobile
standard widely used around the world.
Hashtag: A word or phrase pre-fixed by the hash symbol, used to make social media
conversations searchable by topic. For example, Twitter users can follow the Freedom on the Net
2013 launch by searching for the hashtag #FOTN2013.
Hosting service: A service provider that houses, or hosts, multiple websites on its server
computers in exchange for a fee.
ICT: Information and communications technology, including computers and mobile devices.
Instant Messaging: Real-time, text-based communication between individuals in what
amounts to a temporary private chat room.
IP address: The numeric address of a computer on the internet. An IP address is used to
identify a computer and network in much the same way as a social security number is used to
identify a person.
ISP: Internet service providers are companies that provide access to the internet for a fee,
supplying customers with a software package, a username, a password, and telephone numbers
to initiate a connection.
IT: Information technology, the broad subject concerned with all aspects of managing and
processing information.
Local Area Network (LAN): A computer network that spans a relatively small area. Most
LANs are confined to a single building or group of buildings. However, one LAN can be
connected to other LANs over any distance via telephone lines and radio waves.
GLOSSARY

Malware: Software designed to damage or disrupt a system, such as a virus. This includes
spyware, that may retrieve data about a computer users behavior without their knowledge.
Microblog: A type of blog that allows users to publish short text updates that are
disseminated to a large number of followers. Twitter is an example of a microblogging site that
allows posts of up to 140 characters.
Netizen: Citizen of the internet; a person actively involved in the online community.
Packet sniffer: Computer software or hardware that can intercept and log traffic passing over
a network. Packet sniffers, often part of a firewall system, can be used to spy on users and
collect sensitive information such as passwords.
Proxy server: A server or computer that sits between a user and a website to intercept
requests. Proxy servers have various uses. In Freedom on the Net 2013, they typically refer to a
tool used to circumvent blocks on accessing certain websites.
Real name registration: A system by which users who want to post a comment online have
to supply their real name, ID card number, contact phone or address.
Secure Sockets Layer (SSL): A method for transmitting private documents and data over the
internet using two-layer encryption for security. SSL is most often used in websites that handle
private or financial data, and is denoted by the use of https in the URL rather than the
standard http.
SIM card: Short for subscriber identity module, SIM cards are used in phones on the GSM
network to store an individuals phone number, authorize their connection, and encrypt their
data. SIM cards can be switched between phones.
SMS/Text Messaging: Short message service or SMS messages are brief text messages of no
more than a few hundred characters, sent electronically between mobiles.
Spyware: See Malware.
Trolling: Maliciously disrupting conversations on a microblog, chat room, forum or BBS
with inflammatory or derogatory comments, is known as trolling, while the individual who
does so is identified as a troll. Lingering in chat rooms without participating, which may be a
sign of spying on other internet users, can also be described as trolling.
URL: Short for uniform resource locator, a URL is the global address of a document or page on
the world wide web. The URL for Freedom House is http://www.freedomhouse.org/.
GLOSSARY

USB Modem: A portable USB or universal serial bus device that looks similar to a USB flash
drive (a data storage device) and can be plugged into any USB port on a computer to allow
broadband internet access.
Value-added Network Service (VANS): A network provider hired to facilitate electronic
data interchange or provide other services such as data translation, encryption, or secure email.
Virtual Private Network (VPN): VPNs offer a means to communicate privately through a
public network by creating an encrypted tunnel between two or more locations. This can be
used to circumvent national censorship, and corporations that operate in repressive internet
environments often purchase the right to use VPNs to connect to their home offices from the
government.
VoIP: Voice over Internet Protocol is a category of hardware and software that enables users to
make telephone calls via the internet; these calls do not incur a surcharge beyond what the user
is paying for internet access.
Wi-Fi: Wireless technology that provides an internet or network connection for properly
equipped computers, mobile phones, and other devices within a given area.
WiMAX: Scalable wireless technology that works over much longer distances than Wi-Fi,
providing an alternative for both fixed and mobile internet access. WiMAX stands for
worldwide interoperability for microwave access.
GLOSSARY
METHODOLOGY
This fourth edition of Freedom on the Net provides analytical reports and numerical ratings for 60
countries worldwide. The countries were chosen to provide a representative sample with regards
to geographical diversity and economic development, as well as varying levels of political and media
freedom. The ratings and reports included in this study particularly focus on developments that
took place between May 1, 2012 and April 30, 2013.
WHAT WE MEASURE
The Freedom on the Net index aims to measure each countrys level of internet and digital media
freedom based on a set of methodology questions described below (see Checklist of Questions).
Given increasing technological convergence, the index also measures access and openness of other
digital means of transmitting information, particularly mobile phones and text messaging services.
Freedom House does not maintain a culture-bound view of freedom. The project methodology is
grounded in basic standards of free expression, derived in large measure from Article 19 of the
Universal Declaration of Human Rights:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive, and impart information and ideas through any
media regardless of frontiers.
This standard applies to all countries and territories, irrespective of geographical location, ethnic or
religious composition, or level of economic development.
The project particularly focuses on the transmission and exchange of news and other politically
relevant communications, as well as the protection of users rights to privacy and freedom from
both legal and extralegal repercussions arising from their online activities. At the same time, the
index acknowledges that in some instances freedom of expression and access to information may be
legitimately restricted. The standard for such restrictions applied in this index is that they be
implemented only in narrowly defined circumstances and in line with international human rights
standards, the rule of law, and the principles of necessity and proportionality. As much as possible,
censorship and surveillance policies and procedures should be transparent and include avenues for
appeal available to those affected.
METHODOLOGY & CHECKLIST OF QUESTIONS

The index does not rate governments or government performance per se, but rather the real-world
rights and freedoms enjoyed by individuals within each country. While digital media freedom may
be primarily affected by state actions, pressures and attacks by nonstate actors, including the
criminal underworld, are also considered. Thus, the index ratings generally reflect the interplay of
a variety of actors, both governmental and nongovernmental, including private corporations.
THE SCORING PROCESS

The index aims to capture the entire enabling environment for internet freedom within each
country through a set of 21 methodology questions, divided into three subcategories, which are
intended to highlight the vast array of relevant issues. Each individual question is scored on a
varying range of points. Assigning numerical points allows for comparative analysis among the
countries surveyed and facilitates an examination of trends over time. Countries are given a total
score from 0 (best) to 100 (worst) as well as a score for each sub-category. Countries scoring
between 0 to 30 points overall are regarded as having a Free internet and digital media
environment; 31 to 60, Partly Free; and 61 to 100, Not Free. An accompanying country report
provides narrative detail on the points covered by the methodology questions.
The methodology examines the level of internet freedom through a set of 21 questions and nearly
100 accompanying subpoints, organized into three groupings:
Obstacles to Accessincluding infrastructural and economic barriers to access;
governmental efforts to block specific applications or technologies; legal and ownership
control over internet and mobile phone access providers.
Limits on Contentincluding filtering and blocking of websites; other forms of censorship
and self-censorship; manipulation of content; the diversity of online news media; and usage
of digital media for social and political activism.
Violations of User Rightsincluding legal protections and restrictions on online activity;
surveillance and limits on privacy; and repercussions for online activity, such as legal
prosecution, imprisonment, physical attacks, or other forms of harassment.
The purpose of the subpoints is to guide analysts regarding factors they should consider while
evaluating and assigning the score for each methodology question. After researchers submitted their
draft scores, Freedom House convened five regional review meetings and numerous international
conference calls, attended by Freedom House staff and over 70 local experts, scholars, and civil
society representatives from the countries under study. During the meetings, participants
reviewed, critiqued, and adjusted the draft scoresbased on the set coding guidelinesthrough
careful consideration of events, laws, and practices relevant to each item. After completing the
regional and country consultations, Freedom House staff did a final review of all scores to ensure
their comparative reliability and integrity.
CHECKLIST OF QUESTIONS
Each country is ranked on a scale of 0 to 100, with 0 being the best and 100 being the worst.
A combined score of 0-30=Free, 31-60=Partly Free, 61-100=Not Free.
Under each question, a lower number of points is allotted for a more free
situation, while a higher number of points is allotted for a less free
environment.
Unless otherwise indicated, the sub-questions listed are meant to provide guidance as to
what issues should be addressed under each methodology question, though not all will apply
to every country.
A. OBSTACLES TO ACCESS (0-25 POINTS)

1. To what extent do infrastructural limitations restrict access to the internet
and other ICTs? (0-6 points)
Does poor infrastructure (electricity, telecommunications, etc) limit citizens ability to receive internet
in their homes and businesses?
To what extent is there widespread public access to the internet through internet cafes, libraries, schools
and other venues?
To what extent is there internet and mobile phone access, including via 3G networks or satellite?
Is there a significant difference between internet and mobile-phone penetration and access in rural
versus urban areas or across other geographical divisions?
To what extent are broadband services widely available in addition to dial-up?
2. Is access to the internet and other ICTs prohibitively expensive or beyond
the reach of certain segments of the population? (0-3 points)
In countries where the state sets the price of internet access, is it prohibitively high?
Do financial constraints, such as high costs of telephone/internet services or excessive taxes imposed on
such services, make internet access prohibitively expensive for large segments of the population?
Do low literacy rates (linguistic and computer literacy) limit citizens ability to use the internet?
Is there a significant difference between internet penetration and access across ethnic or socio-economic
societal divisions?
To what extent are online software, news, and other information available in the main local languages
spoken in the country?

3. Does the government impose restrictions on ICT connectivity and access to
particular social media and communication apps permanently or during

specific events? (0-6 points)
Does the government place limits on the amount of bandwidth that access providers can supply?
Does the government use control over internet infrastructure (routers, switches, etc.) to limit
connectivity, permanently or during specific events?
Does the government centralize telecommunications infrastructure in a manner that could facilitate
control of content and surveillance?
Does the government block protocols and tools that allow for instant, person-to-person communication
(VOIP, instant messaging, text messaging, etc.), particularly those based outside the country (i.e.
YouTube, Facebook, Skype, etc.)?
Does the government block protocols, social media, and/or communication apps that allow for
information sharing or building online communities (video-sharing, social-networking sites, comment
features, blogging platforms, etc.) permanently or during specific events?
Is there blocking of certain tools that enable circumvention of online filters and censors?
4. Are there legal, regulatory, or economic obstacles that prevent the
existence of diverse business entities providing access to digital

technologies? (0-6 points)
Note: Each of the following access providers are scored separately:
1a. Internet service providers (ISPs) and other backbone internet providers
(0-2 points)
1b. Cybercafes and other businesses entities that allow public internet access
(0-2 points)
1c. Mobile phone companies (0-2 points)
Is there a legal or de facto monopoly over access providers or do users have a choice of access provider,
including ones privately owned?
Is it legally possible to establish a private access provider or does the state place extensive legal or
regulatory controls over the establishment of providers?
Are registration requirements (e.g. bureaucratic red tape) for establishing an access provider unduly
onerous or are they approved/rejected on partisan or prejudicial grounds?
Does the state place prohibitively high fees on the establishment and operation of access providers?
5. To what extent do national regulatory bodies overseeing digital technology
operate in a free, fair, and independent manner? (0-4 points)
Are there explicit legal guarantees protecting the independence and autonomy of any regulatory body
overseeing internet and other ICTs (exclusively or as part of a broader mandate) from political or
commercial interference?
Is the process for appointing members of regulatory bodies transparent and representative of different
stakeholders interests?
Are decisions taken by the regulatory body, particularly those relating to ICTs, seen to be fair and
apolitical and to take meaningful notice of comments from stakeholders in society?
Are efforts by access providers and other internet-related organizations to establish self-regulatory
mechanisms permitted and encouraged?
Does the allocation of digital resources, such as domain names or IP addresses, on a national level by a
government-controlled body create an obstacle to access or are they allocated in a discriminatory
manner?
B. LIMITS ON CONTENT (0-35 POINTS)

1. To what extent does the state or other actors block or filter internet and
other ICT content, particularly on political and social issues? (0-6 points)
Is there significant blocking or filtering of internet sites, web pages, blogs, or data centers, particularly
those related to political and social topics?
Is there significant filtering of text messages or other content transmitted via mobile phones?
Do state authorities block or filter information and views from inside the countryparticularly
concerning human rights abuses, government corruption, and poor standards of livingfrom reaching
the outside world through interception of e-mail or text messages, etc?
Are methods such as deep-packet inspection used for the purposes of preventing users from accessing
certain content or for altering the content of communications en route to the recipient, particularly
with regards to political and social topics?
2. To what extent does the state employ legal, administrative, or other means
to force deletion of particular content, including requiring private access

providers to do so? (0-4 points)
To what extent are non-technical measuresjudicial or extra-legalused to order the deletion of

content from the internet, either prior to or after its publication?
To what degree does the government or other powerful political actors pressure or coerce online news
outlets to exclude certain information from their reporting?
Are access providers and content hosts legally responsible for the information transmitted via the
technology they supply or required to censor the content accessed or transmitted by their users?
Are access providers or content hosts prosecuted for opinions expressed by third parties via the technology
they supply?
3. To what extent are restrictions on internet and ICT content transparent,
proportional to the stated aims, and accompanied by an independent

appeals process? (0-4 points)
Are there national laws, independent oversight bodies, and other democratically accountable procedures
in place to ensure that decisions to restrict access to certain content are proportional to their stated aim?
Are state authorities transparent about what content is blocked or deleted (both at the level of public
policy and at the moment the censorship occurs)?
Do state authorities block more types of content than they publicly declare?
Do independent avenues of appeal exist for those who find content they produced to have been subjected
to censorship?
4. Do online journalists, commentators, and ordinary users practice self-
censorship? (0-4 points)
Is there widespread self-censorship by online journalists, commentators, and ordinary users in state-run
online media, privately run websites, or social media applications?
Are there unspoken rules that prevent an online journalist or user from expressing certain opinions in
ICT communication?
Is there avoidance of subjects that can clearly lead to harm to the author or result in almost certain
censorship?
5. To what extent is the content of online sources of information determined
or manipulated by the government or a particular partisan interest? (0-4

points)
To what degree do the government or other powerful actors pressure or coerce online news outlets to
follow a particular editorial direction in their reporting?
Do authorities issue official guidelines or directives on coverage to online media outlets, blogs, etc.,
including instructions to marginalize or amplify certain comments or topics for discussion?
Do government officials or other actors bribe or use close economic ties with online journalists, bloggers,
website owners, or service providers in order to influence the online content they produce or host?
Does the government employ, or encourage content providers to employ, individuals to post progovernment remarks in online bulletin boards and chat rooms?
Do online versions of state-run or partisan traditional media outlets dominate the online news
landscape?
6. Are there economic constraints that negatively impact users ability to
publish content online or online media outlets ability to remain financially

sustainable? (0-3 points)
Are favorable connections with government officials necessary for online media outlets or service
providers (e.g. search engines, e-mail applications, blog hosting platforms, etc.) to be economically
viable?
Are service providers who refuse to follow state-imposed directives to restrict content subject to sanctions
that negatively impact their financial viability?
Does the state limit the ability of online media to accept advertising or investment, particularly from
foreign sources, or does it limit advertisers from conducting business with disfavored online media or
service providers?
To what extent do ISPs manage network traffic and bandwidth availability to users in a manner that is
transparent, evenly applied, and does not discriminate against users or producers of content based on
the content/source of the communication itself (i.e. respect net neutrality with regard to content)?
To what extent do users have access to free or low-costs blogging services, webhosts, etc. to allow them
to make use of the internet to express their own views?
7. To what extent are sources of information that are robust and reflect a
diversity of viewpoints readily available to citizens, despite government

efforts to limit access to certain content? (0-4 points)
Are people able to access a range of local and international news sources via the internet or text
messages, despite efforts to restrict the flow of information?
Does the public have ready access to media outlets or websites that express independent, balanced views?
Does the public have ready access to sources of information that represent a range of political and social
viewpoints?
To what extent do online media outlets and blogs represent diverse interests within society, for example
through websites run by community organizations or religious, ethnic and other minorities?
To what extent do users employ proxy servers and other methods to circumvent state censorship efforts?
8. To what extent have individuals successfully used the internet and other
ICTs as tools for mobilization, particularly regarding political and social

issues? (0-6 points)
To what extent does the online community cover political developments and provide scrutiny of
government policies, official corruption, or the behavior of other powerful societal actors?
To what extent are online communication tools (e.g. Twitter) or social networking sites (e.g. Facebook,
Orkut) used as a means to organize politically, including for real-life activities?
Are mobile phones and other ICTs used as a medium of news dissemination and political organization,
including on otherwise banned topics?
C. VIOLATIONS OF USER RIGHTS (0-40 POINTS)

1. To what extent does the constitution or other laws contain provisions
designed to protect freedom of expression, including on the internet, and

are they enforced? (0-6 points)
Does the constitution contain language that provides for freedom of speech and of the press generally?
Are there laws or legal decisions that specifically protect online modes of expression?
Are online journalists and bloggers accorded the same rights and protections given to print and
broadcast journalists?
Is the judiciary independent and do the Supreme Court, Attorney General, and other representatives of
the higher judiciary support free expression?
Is there implicit impunity for private and/or state actors who commit crimes against online journalists,
bloggers, or other citizens targeted for their online activities?
2. Are there laws which call for criminal penalties or civil liability for online
and ICT activities? (0-4 points)
Are there specific laws criminalizing online expression and activity such as posting or downloading
information, sending an e-mail, or text message, etc.? (Note: this excludes legislation addressing
harmful content such as child pornography or activities such as malicious hacking)
Do laws restrict the type of material that can be communicated in online expression or via text
messages, such as communications about ethnic or religious issues, national security, or other sensitive
topics?
Are restrictions of internet freedom closely defined, narrowly circumscribed, and proportional to the
legitimate aim?
Are vaguely worded penal codes or security laws applied to internet-related or ICT activities?
Are there penalties for libeling officials or the state in online content?
Can an online outlet based in another country be sued if its content can be accessed from within the
country (i.e. libel tourism)?
3. Are individuals detained, prosecuted or sanctioned by law enforcement
agencies for disseminating or accessing information on the internet or via

other ICTs, particularly on political and social issues? (0-6 points)
Are writers, commentators, or bloggers subject to imprisonment or other legal sanction as a result of
posting material on the internet?
Are citizens subject to imprisonment, civil liability, or other legal sanction as a result of accessing or
downloading material from the internet or for transmitting information via e-mail or text messages?
Does the lack of an independent judiciary or other limitations on adherence to the rule of law hinder
fair proceedings in ICT-related cases?
Are individuals subject to abduction or arbitrary detention as a result of online activities, including
membership in certain online communities?
Are penalties for irresponsible journalism or rumor mongering applied widely?
Are online journalists, bloggers, or others regularly prosecuted, jailed, or fined for libel or defamation
(including in cases of libel tourism)?
4. Does the government place restrictions on anonymous communication or
require user registration? (0-4 points)
Are website owners, bloggers, or users in general required to register with the government?
Are users able to post comments online or purchase mobile phones anonymously or does the government
require that they use their real names or register with the government?
Are users prohibited from using encryption software to protect their communications?
Are there laws restricting the use of encryption and other security tools, or requiring that the
government be given access to encryption keys and algorithms?

5. To what extent is there state surveillance of internet and ICT activities
without judicial or other independent oversight, including systematic

retention of user traffic data? (0-6 points)
Do the authorities regularly monitor websites, blogs, and chat rooms, or the content of e-mail and
mobile text messages, including via deep-packet inspection?
To what extent are restrictions on the privacy of digital media users transparent, proportional to the
stated aims, and accompanied by an independent process for lodging complaints of violations?
Where the judiciary is independent, are there procedures in place for judicial oversight of surveillance
and to what extent are these followed?
Where the judiciary lacks independence, is there another independent oversight body in place to guard
against abusive use of surveillance technology and to what extent is it able to carry out its
responsibilities free of government interference?
Is content intercepted during internet surveillance admissible in court or has it been used to convict users
in cases involving free speech?
6. To what extent are providers of access to digital technologies required to
aid the government in monitoring the communications of their users? (0-6

points)
Note: Each of the following access providers are scored separately:
6a. Internet service providers (ISPs) and other backbone internet providers
(0-2 points)
6b. Cybercafes and other business entities that allow public internet access
(0-2 points)
6c. Mobile phone companies (0-2 points)
Are access providers required to monitor their users and supply information about their digital activities
to the government (either through technical interception or via manual monitoring, such as user
registration in cybercafes)?
Are access providers prosecuted for not doing so?
Does the state attempt to control access providers through less formal methods, such as codes of conduct?
Can the government obtain information about users without a legal process?
7. Are bloggers, other ICT users, websites, or their property subject to
extralegal intimidation or physical violence by state authorities or any

other actor? (05 points)
Are individuals subject to murder, beatings, harassment, threats, travel restrictions, or torture as a
result of online activities, including membership in certain online communities?
Do armed militias, organized crime elements, insurgent groups, political or religious extremists, or
other organizations regularly target online commentators?
Have online journalists, bloggers, or others fled the country or gone into hiding to avoid such action?
Have cybercafes or property of online commentators been targets of physical attacks or the confiscation
or destruction of property as retribution for online activities or expression?
8. Are websites, governmental and private entities, ICT users, or service
providers subject to widespread technical violence,

cyberattacks, hacking, and other malicious threats? (0-3 points)
including
Are financial, commercial, and governmental entities subject to significant and targeted cyberattacks
(e.g. cyber espionage, data gathering, DoS attacks), including those originating from outside of the
country?
Have websites belonging to opposition or civil society groups within the countrys boundaries been
temporarily or permanently disabled due to cyberattacks, particularly at politically sensitive times?
Are websites or blogs subject to targeted technical attacks as retribution for posting certain content (e.g.
on political and social topics)?
Are laws and policies in place to prevent and protect against cyberattacks (including the launching of
systematic attacks by non-state actors from within the countrys borders) and are they enforced?
CONTRIBUTORS
FREEDOM HOUSE RESEARCH TEAM
Sanja Kelly, Project Director, Freedom on the Net

Mai Truong, Research Analyst (Africa) and Staff Editor, Freedom on the Net
Madeline Earp, Research Analyst (Asia), Freedom on the Net
Laura Reed, Research Analyst (Eurasia & EU), Freedom on the Net
Adrian Shahbaz, Research Analyst (MENA & EU), Freedom on the Net
Ashley Greco-Stoner, Senior Research Assistant (Latin America), Freedom on the Net
REPORT AUTHORS AND ADVISORS
Argentina: Eduardo Andres Bertoni, Director, Center for Studies on Freedom of Expression
and Access to Information (CELE), Palermo University School of Law, Argentina; Atilio
Grimani, Research Assistant, CELE
Australia: Dr. Alana Maurushat, Senior Lecturer, University of New South Wales
Azerbaijan: Arzu Geybullayeva, Analyst
Bangladesh: Faheem Hussain, Assistant Professor of ICT and Computer Science, Asian
University for Women
Brazil: Carolina Rossini, Project Director, Latin America Resource Center, New America
Foundation
Burma: Min Zin, Ph.D. Candidate, Department of Political Science, University of California,
Berkeley and Contributor, Foreign Policy Transitions blog
Cambodia: Sopheap Chak, Program Director of the Cambodian Center for Human Rights and
Blogger
China: Madeline Earp, Research Analyst, Freedom on the Net, Freedom House
Cuba: Ernesto Hernndez Busto, Cuban journalist and writer based in Barcelona, Spain
Estonia: Linnar Viik, Associate Professor, Estonian IT College
France: Jean-Loup Richet, Researcher, University of Nantes
Georgia: Giga Paitchadze, Blogger
Germany: Dr. Jeanette Hofmann, Research Director at the Alexander von Humboldt Institute
for Internet and Society, Berlin and Researcher at the Social Science Research Center, Berlin;
Christian Katzenbach, Project Coordinator, and Kirsten Gollatz, Project Manager, Alexander
von Humboldt Institute for Internet and Society
CONTRIBUTORS
878
Hungary: Borbla Tth, Independent Researcher; Sandor Orban, Program Director, South
East European Network for Professionalization of Media
Iceland: Caroline Nellemann, Independent Consultant and Specialist in Digital Media and
Civic Engagement
Indonesia: Enda Nasution, Co-Founder, Sebangsa.com
Iran: Mahmood Enayat, Director, Small Media
Italy: Giampiero Giacomello, Assistant Professor of International Relations, University of
Bologna
Japan: Izumi Aizu, Professor and Senior Research Fellow, Institute for InfoSocionomics, Tama
University, Tokyo and Executive Director, Institute for HyperNetwork Society, Oita
Jordan: Abeer al-Najjar, Assistant Professor of Journalism and Media Studies, American
University of Sharjah
Kazakhstan: Adil Nurmakov, Founder of the Basta Citizen Initiative and Editor of the
Blogbasta.kz website
Kenya: Grace Githaiga, Kenya ICT Action Network (KICTANet)
Kyrgyzstan: Tattu Mambetalieva, Director, Civil Initiative on Internet Policy (CIIP); Artem
Goriyanov, IT Programs Director, CIIP
Lebanon: Dr. Jad Melki, Assistant Professor of Journalism and Media Studies and Director,
Media Studies Program, American University of Beirut
Malawi: Vitus-Gregory Gondwe, Senior Reporter for Blantyre Newspapers Limited,
Specialist Writer on ICT News for BizTechAfrica.com and Bizcommunity.com
Malaysia: K. Kabilan, Chief Editor, FMTNews.com
Mexico: Alejandra Ezeta, Social Media Consultant at EEB Consultaoria/Ciudadanos en
Medios, A.C., Mexico
Morocco: Bouziane Zaid, Assistant Professor of Media and Communication, Al Akhawayn
University in Ifrane
Nigeria: Gbenga Sesan, Executive Director, Paradigm Initiative Nigeria
Pakistan: Nighat Dad, Executive Director, Digital Rights Foundation, Pakistan, Lawyer, and
Internet Freedom Activist
Philippines: Jacques DM Gimeno, Assistant Professor, Communication Research
Department, University of the Philippines-Diliman
South Africa: Alex Comninos, Doctoral Candidate, Justus Liebig University Giessen
South Korea: Yenn Lee, Research Skills Coordinator, School of Oriental and Africa Studies,
University of London
Sri Lanka: Nigel V. Nugawela, Independent Writer and Researcher
Sudan: GIRIFNA, a Sudanese non-violent resistance movement
Syria: Mohammad al-Abdallah, Syrian Human Rights Activist and Independent Researcher
Thailand: Sawatree Suksri, Lecturer in Criminal Law and Criminal Procedural Law,
Thammasat University, Bangkok
CONTRIBUTORS
879
Turkey: Yaman Akdeniz, Professor of Law, Istanbul Bilgi University and Founder of CyberRights.org
Uganda: Peter Mwesige, Executive Director, African Centre for Media Excellence (ACME);
Grace Natabaalo, Program Associate, ACME; and Ashnah M. Kalemera, Program Officer,
Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Ukraine: Tetyana Lokot, Doctoral Student and Researcher at the Philip Merrill College of
Journalism, University of Maryland, College Park
United Kingdom: LSE Media Policy Project, London School of Economics and Political
Science
United States: Emily Barabas, Policy Analyst, Center for Democracy and Technology
Uzbekistan: Zhanna Hrdegen, Postdoctoral Research Fellow, University Researcher Priority
Program Asia and Europe, University of Zurich (at time of writing)
Zimbabwe: Rashweat Mukundu, Journalist, Media and Freedom of Expression Activist,
Zimbabwe
The analysts for the reports on Armenia, Bahrain, Belarus, Egypt, Ethiopia, Libya, Russia, Rwanda,
Saudi Arabia, Tunisia, the United Arab Emirates, Venezuela, and Vietnam are independent internet
researchers who have requested to remain anonymous. Freedom House researchers Madeline Earp,
Mai Truong, and Ashley Greco-Stoner provided analysis for the India, Angola, and Ecuador
reports, respectively, in consultation with a range of in-country stakeholders. Xiao Qiang, Director
of the China Internet Project at the University of California, Berkeley, was an advisor for the China
report.
CONTRIBUTORS
880
ABOUT FREEDOM HOUSE

Freedom House is an independent private organization supporting the expansion of
freedom throughout the world.
Freedom is possible only in democratic political systems in which governments are accountable to
their own people, the rule of law prevails, and freedoms of expression, association, and belief are
guaranteed. Working directly with courageous men and women around the world to support
nonviolent civic initiatives in societies where freedom is threatened, Freedom House functions as a
catalyst for change through its unique mix of analysis, advocacy, and action.
Analysis: Freedom Houses rigorous research methodology has earned the organization a
reputation as the leading source of information on the state of freedom around the globe.
Since 1972, Freedom House has published Freedom in the World, an annual survey of political
rights and civil liberties experienced in every country of the world. The survey is
complemented by an annual review of press freedom, an analysis of transitions in the postcommunist world, and other publications.
Advocacy: Freedom House seeks to encourage American policymakers, as well as other
government and international institutions, to adopt policies that advance human rights and
democracy around the world. Freedom House has been instrumental in the founding of the
worldwide Community of Democracies, has actively campaigned for a reformed Human
Rights Council at the United Nations, and presses the Millennium Challenge Corporation to
adhere to high standards of eligibility for recipient countries.
Action: Through exchanges, grants, and technical assistance, Freedom House provides
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Founded in 1941 by Eleanor Roosevelt, Wendell Willkie, and other Americans concerned with
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organizations diverse Board of Trustees is composed of a bipartisan mix of business and labor
leaders, former senior government officials, scholars, and journalists who agree that the promotion
of democracy and human rights abroad is vital to Americas interests.
1301 Connecticut Avenue, NW; Washington, DC 20036
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ABOUT FREEDOM HOUSE
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(212) 514-8040

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FREEDOM ON THE NET 2013

FREEDOM ON THE NET 2013

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

KEY INTERNET CONTROLS BY COUNTRY

CHARTS AND GRAPHS OF KEY FINDINGS

FREEDOM ON THE NET 2013: COUNTRY REPORTS

FREEDOM ON THE NET 2013

FREEDOM ON THE NET 2013

ABOUT FREEDOM HOUSE

FREEDOM ON THE NET 2013

FREEDOM ON THE NET 2013

Nonetheless, in a number of places around the world, growing efforts by

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

Blocking and filtering:

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

Paid progovernment commentators manipulate online discussions:

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

Takedown requests and forced deletion of content:

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

Holding intermediaries liable:

Throttling or shutting down internet and mobile service:

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

Surveillance grows considerably as countries upgrade their

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

While democratic countries have often engaged in legally

Until recently, only a handful of African countries had the means to

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

Censorship intensifies as countries pass new laws and directives to

regulations that could

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

countries have allowed higher penalties for online speech than

As more people around the world utilize social media to

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

Growing activism stalls negative proposals and promotes positive

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

FREEDOM ON THE NET 2013

OVERVIEW: DESPITE PUSHBACK, INTERNET FREEDOM DETERIORATES

KEY INTERNET CONTROLS BY COUNTRY

FREEDOM ON THE NET 2013

KEY INTERNET CONTROLS BY COUNTRY

FREEDOM ON THE NET 2013

KEY INTERNET CONTROLS BY COUNTRY

FREEDOM ON THE NET 2013

CHARTS AND GRAPHS OF KEY FINDINGS

FREEDOM ON THE NET 2013: GLOBAL SCORES