India first democracy to ban encrypted messaging apps on massive scale.

In India, apps including Briar, Element and Threema, got blocked beginning of May based on the arguments that these apps would be used by "terrorists" and that these apps would not have a "representative" for government contact based in India. However, it more looks like a strategic decision to stop Indian people from using secure and anonymous messaging apps. This makes India the first democracy to follow in the footsteps of authoritarian governments like Iran and Russia.

Apps banned in India

According to the Indian Express 14 mobile applications that provided end-to-end encrypted (E2EE) messaging services or enabled peer-to-peer (P2P) messaging, namely "Wickrme, Mediafire, Briar, BChat, Nandbox, Conion, IMO, Element, Second line, Zangi, Threema, Crypviser, Enigma, and Safeswiss", were blocked in India following the recommendation of the Ministry of Home Affairs (MHA) beginning of May. These apps have been blocked under Section 69A of the Indian Information Technology Act, 2000.

The 14 apps were banned because they were being used by "terrorists" and their supporters in Jammu and Kashmir, according to central intelligence agencies in India.

A source told the Indian Express that "the intelligence agencies also informed the MHA that most of these apps are designed to provide anonymity to their users and their features make it tough to resolve the entities associated with them. These mobile apps aid the "terrorists" and their affiliates to engage in activities which are prejudicial to sovereignty and integrity of India and can disturb peace and harmony."

The block included Free Software apps, such as Briar and Element, which are now banned in India. The reason the officials give for justifying the ban is that these apps would not have "any representatives in India and cannot be contacted for seeking information as mandated by the Indian laws".

Comment by Element

However, Element already published a statement regarding the issue explaining that they do reply to Indian government requests: "While Element never compromises end-to-end encryption or user privacy, we have been contacted by Indian authorities in the past and addressed them in a constructive fashion (typically responding same-day). Indeed our Trust & Safety team works with governments to build safer secure communications for everyone; while ensuring user privacy and protecting end-to-end encryption."

This statement makes India's argumentation on why the block was necessary look less convincing. It would be very worrisome if India - as the first democratically elected government - goes down the same path as authoritarian governments like Iran and Russia where encrypted communication tools are blocked on a massive scale already.

Coincidentally, we in a coalition with 45+ organizations warned against exactly such a development in democratic countries in an open letter on Press Freedom Day - so around the same time as India issued the ban on these 14 apps.

Encryption brings safety

These governments tend to neglect that encryption brings safety - to all of us. We must not take privacy away from all citizens as this would make the web as such completely insecure.

Or, as Phil Zimmermann put it: "If privacy is outlawed, only outlaws will have privacy."

Element's arguments go into the same direction:

"Some governments see undermining encryption as the most effective way to combat the ills of terrorism or other illegal behaviour. That approach is completely flawed; it just removes ordinary people’s ability to communicate in private which leaves them vulnerable to all types of surveillance, crime and subjugation."

"In actual fact, end-to-end encryption strengthens national security which is why Element has various parts of the French, German, Swedish, UK and US governments as customers."

"Undermining end-to-end encryption is an attack on people’s basic human right to privacy and security of communications. Rather than accept that as a cost to pay, we look to preserve and protect those rights, and to work with governments, journalists, non-profits, academic researchers and the rest of the tech industry to rise to the challenge of reducing those harms."

Indian Open Source Community files complaint

Based on statements like the one from Element who say they have not been contacted about the blockage indicate that reasoned blocking orders and a pre-decisional hearing were not provided to these 14 mobile apps. The Free Software Community of India (FSCI) argues that "denial of these rights violates Shreya Singhal v. Union of India and Section 69A Information Technology Act, 2000 (IT Act, 2000). Moreover, ambiguity exists around the territorial scope and extent of the ban, as it is unclear if the ban is applicable and enforceable across India or just in J&K (Jammu and Kashmir). Complete and absolute bans on mobile apps are a disproportionate restriction on the right to freedom of speech and expression. In efforts to advance transparency, IFF filed a series of Right to Information (RTI) applications with the Ministry of Electronics and Information Technology (MeitY), Ministry of Home Affairs (MHA), and J&K police to obtain the blocking order, an exhaustive list of the banned apps, and to seek more information regarding it."

The FSCI says in a statement:

"The ban, we believe, will not serve the purpose as there are many anonymous alternate apps that can be used by terror outfits to fill their purpose."

"Federated, peer-to-peer, encrypted, Free Software apps/software like Element and Briar, should be promoted. They are key to our national security as they provide means to enable sovereign, private and secure communication to citizens of India. Element has been embraced by Governments of France 3, Germany 4 and Sweden 5 which should be an example for India."

A petition has been filed by people belonging to the Free Software Community of India in High Court of Kerala to publish the banning order as well as release the banned apps back to the public with the argumentation that the blocking order is illegal.

The broad grounds under which the ban on encrypted chat apps in India has been challenged are:

• The impugned order has been passed without any notice and intimation to the concerned parties.
• The impugned order violates Freedom of Speech and Expression and Right to Free Trade and Profession.
• Rule 16 of the Blocking Rules, 2009 does not leave any opportunity for the aggrieved party to seek redressal from a judicial authority.

The prayers that have been relied on for relief of the banned apps in India are:

• A direction for the appropriate authorities to produce a copy of the order which sanctions the blocking.
• To quash the order to the extent that Element and Briar are unblocked and the ban is lifted.
• To set aside Rule 16 of the Blocking Rules, 2009.

The matter is set to come up on Tuesday, 16th of May, 2023 in Kerala High Court.

Right to privacy

The right to privacy and freedom of speech are closely connected and must be uphold in any democracy. Otherwise, democracy itself is at risk!

That's why we repeat the calls we made to policymakers on Press Freedom Day here. We call on governments to:

• Ensure that encryption is not being undermined via overreaching legislative initiatives.
• Ensure that technologies providing secure, encrypted services are not being blocked or throttled.
• Revisit any bills, laws and policies that legitimise undermining encryption or blocking access to services offering encrypted communication, particularly the Surveillance Legislation Amendment Act in Australia, the EARN IT Act in the US, the Online Safety Bill in the UK, Bill C26 in Canada, India’s Directions 20(3)/2022 - CERT-In and the proposed version of the rules to prevent and combat child sexual abuse in the EU.

Together we must stand up for privacy and freedom of speech!

Full list of Chinese apps banned in India

Apart from these encrypted chat apps that are banned in Jammu and Kashmir, India is known for banning apps, particularly Chinese ones such PUBG Mobile, WeChat, and TikTok.

For instance, India imposed a nationwide ban on TikTok and dozens of other Chinese apps, including the messaging app WeChat, in 2020 over privacy and security concerns. To date, hundreds of Chinese apps are banned in India, including PUBG Mobile, Tiktok, Shein, WeChat, AliExpress and more.

List of banned apps

Chinese apps banned in India in June 2020

1. TikTok
2. Shareit
3. Likee
4. Clash of Kings
5. Club Factory
6. Weibo
7. WeChat
8. DU battery saver
9. Helo
10. Kwai
11. YouCam makeup
12. Mi Community
13. CM Browers
14. Virus Cleaner
15. APUS Browser
16. ROMWE
17. Baidu map
18. Newsdog
19. Beutry Plus
20. UC Browser
21. UC News
22. QQ Mail
23. Shein
24. Xender
25. QQ Music
26. QQ Newsfeed
27. Bigo Live
28. SelfieCity
29. Mail Master
30. Parallel Space
31. Mi Video Call Xiaomi
32. WeSync
33. ES File Explorer
34. Viva Video QU Video Inc
35. Meitu
36. Vigo Video
37. New Video Status
38. DU Recorder
39. Vault- Hide
40. Cache Cleaner DU App studio
41. DU Cleaner
42. DU Browser
43. Hago Play With New Friends
44. Cam Scanner
45. Clean Master Cheetah Mobile
46. Wonder Camera
47. Photo Wonder
48. QQ Player
49. We Meet
50. Sweet Selfie
51. Baidu Translate
52. Vmate
53. QQ International
54. QQ Security Center
55. QQ Launcher
56. U Video
57. V fly Status Video
58. Mobile Legend

Chinese apps banned in India in September 2020

1. Baidu
2. PUBG MOBILE Nordic Map: Livik
3. PUBG MOBILE LITE
4. Rise of Kingdoms: Lost Crusade
5. APUS Flashlight-Free & Bright
6. Cut Cut Cut Out & Photo Background Editor
7. APUS Launcher Pro- Theme, Live Wallpapers, Smart
8. Baidu Express Edition
9. FaceU Inspire your Beauty
10. ShareSave by Xiaomi: Latest gadgets, amazing deals
11. CamCard Business Card Reader
12. CamCard Business
13. CamCard for Salesforce
14. CamOCR
15. InNote
16. VooV Meeting Tencent Video Conferencing
17. APUS Launcher -Theme, Call Show, Wallpaper, HideApps
18. WeChat reading
19. Government WeChat
20. Small Q brush
21. Tencent Weiyun
22. Pitu
23. WeChat Work
24. Cyber Hunter
25. Cyber Hunter Lite
26. Knives Out-No rules, just fight!
27. Super Mecha Champions
28. LifeAfter
29. Dawn of Isles
30. Ludo World-Ludo Superstar
31. Chess Rush
32. Super Clean Master of Cleaner, Phone Booster
33. APUS Security -Antivirus, Phone security, Cleaner
34. APUS Turbo Cleaner 2020- Junk Cleaner, Anti-Virus
35. Art of Conquest: Dark Horizon
36. Dank Tanks
37. Warpath
38. Game of Sultans
39. Gallery Vault Hide Pictures And Videos
40. Smart AppLock (App Protect)
41. Message Lock (SMS Lock)-Gallery Vault Developer Team
42. Hide App-Hide Application Icon
43. AppLock
44. AppLock Lite
45. Dual Space Multiple Accounts & App Cloner
46. ZAKZAK Pro Live chat & video chat online
47. ZAKZAK LIVE: live-streaming & video chat app
48. Music Mp3 Player
49. Music Player Audio Player & 10 Bands Equalizer
50. HD Camera Selfie Beauty Camera
51. Cleaner Phone Booster
52. Web Browser & Fast Explorer
53. Video Player All Format for Android
54. Photo Gallery HD & Editor
55. Photo Gallery & Album
56. Music Player Bass Booster Free Download
57. HD Camera Beauty Cam with Filters & Panorama
58. HD Camera Pro & Selfie Camera
59. Music Player MP3 Player & 10 Bands Equalizer
60. Gallery HD
61. Web Browser Fast, Privacy & Light Web Explorer
62. Web Browser Secure Explorer
63. Music player Audio Player
64. Video Player All Format HD Video Player
65. Lamour Love All Over The World
66. Amour- video chat & call all over the world.
67. MV Master Make Your Status Video & Community
68. MV Master Best Video Maker & Photo Video Editor
69. APUS Message Center-Intelligent management
70. LivU Meet new people & Video chat with strangers
71. Carrom Friends : Carrom Board & Pool Game-
72. Ludo All Star- Play Online Ludo Game & Board Games
73. Bike Racing : Moto Traffic Rider Bike Racing Games
74. Rangers Of Oblivion : Online Action MMO RPG Game
75. Z Camera Photo Editor, Beauty Selfie, Collage
76. GO SMS Pro Messenger, Free Themes, Emoji
77. U-Dictionary: Oxford Dictionary Free Now Translate
78. Ulike Define your selfie in trendy style
79. Tantan Date For Real
80. MICO Chat: New Friends Banaen aur Live Chat karen
81. Kitty Live Live Streaming & Video Live Chat
82. Malay Social Dating App to Date & Meet Singles
83. Alipay
84. AlipayHK
85. Mobile Taobao
86. Youku
87. Road of Kings- Endless Glory
88. Sina News
89. Netease News
90. Penguin FM
91. Murderous Pursuits
92. Tencent Watchlist (Tencent Technology
93. Learn Chinese AI-Super Chinese
94. HUYA LIVE Game Live Stream
95. Little Q Album
96. Fighting Landlords Free and happy Fighting Landlords
97. Hi Meitu
98. Mobile Legends: Pocket
99. VPN for TikTok
100. VPN for TikTok
101. Penguin E-sports Live assistant
102. Buy Cars-offer everything you need, special offers and low prices
103. iPick
104. Beauty Camera Plus Sweet Camera & Face Selfie
105. Parallel Space Lite Dual App
106. “Chief Almighty: First Thunder BC
107. MARVEL Super War NetEase Games
108. AFK Arena
109. Creative Destruction NetEase Games
110. Crusaders of Light NetEase Games
111. Mafia City Yotta Games
112. Onmyoji NetEase Games
113. Ride Out Heroes NetEase Games
114. Yimeng Jianghu-Chu Liuxiang has been fully upgraded
115. Legend: Rising Empire NetEase Games
116. Arena of Valor: 5v5 Arena Games
117. Soul Hunters
118. Rules of Survival

Chinese apps banned in November 2020

1. AliExpress
2. Alibaba Workbench
3. Adore App
4. Alipay Cashier
5. Lalamove India Delivery App
6. Drive with Lalamove India
7. AliSuppliers Mobile App
8. CamCard Business Card Reader
9. CamCard BCR (Western)
10. Soul- Follow the soul to find you
11. Chinese Social Free Online Dating Video App & Chat
12. Date in Asia Dating & Chat For Asian Singles
13. WeDate-Dating App
14. Free dating app-Singol, start your date!
15. Snack Video
16. TrulyChinese Chinese Dating App
17. TrulyAsian Asian Dating App
18. ChinaLove: dating app for Chinese singles
19. DateMyAge: Chat, Meet, Date Mature Singles Online
20. AsianDate: find Asian singles
21. FlirtWish: chat with singles
22. Guys Only Dating: Gay Chat
23. Tubit: Live Streams
24. WeWorkChina
25. First Love Live- super hot live beauties live online
26. Rela Lesbian Social Network
27. Cashier Wallet
28. MangoTV
29. MGTV-HunanTV official TV APP
30. WeTV TV version
31. WeTV Cdrama, Kdrama&More
32. WeTV Lite
33. Lucky Live-Live Video Streaming App
34. Taobao Live
35. DingTalk
36. Identity V
37. Isoland 2: Ashes of Time
38. BoxStar (Early Access)
39. Heroes Evolved
40. Happy Fish
41. Jellipop Match-Decorate your dream island
42. Munchkin Match: magic home building
43. Conquista Online II

Chinese apps banned in February 2022

1. Garena Free Fire Illuminate
2. Beauty Camera Selfie Camera
3. Lica Cam selfie camera app
4. Music Player- Music.Mp3 Player
5. Voice Recorder & Voice Changer
6. Music Plus MP3 Player
7. Equalizer Pro Volume Booster & Bass Booster
8. Viva Video Editor Snack Video Maker with Music
9. Music Player Equalizer & MP3
10. Volume Booster Loud Speaker & Sound Booster
11. Music Player MP3 Player
12. CamCard for SalesForce Ent
13. Isoland 2: Ashes of Time Lite
14. Rise of Kingdoms: Lost Crusade
15. APUS Security HD (Pad Version)
16. Parallel Space Lite 32 Support
17. Video Player Media All Format
18. Nice video baidu
19. Tencent Xriver
20. Onmyoji Chess
21. Onmyoji Arena
22. AppLock
23. Dual Space Lite Multiple Accounts & Clone App
24. Dual Space Pro Multiple Accounts & App Cloner
25. DualSpace Lite 32Bit Support
26. Dual Space 32Bit Support
27. Dual Space 64Bit Support
28. Dual Space Pro 32Bit Support
29. Conquer Online MMORPG Game
30. Conquer Online Il
31. Live Weather & Radar Alerts
32. Notes- Color Notepad, Notebook
33. MP3 Cutter Ringtone Maker & Audio Cutter
34. Equalizer & Bass Booster Music Volume EQ
35. Barcode Scanner QR Code Scan
36. Equalizer Bass Booster & Volume EQ & Virtualizer
37. EVE Echoes
38. Astracraft
39. UU Game Booster-network solution for high ping
40. Extraordinary Ones
41. Badlanders
42. Stick Fight: The Game Mobile
43. Twilight Pioneers
44. CuteU: Match With The World
45. Small World-Enjoy groupchat and video chat
46. CuteU Pro
47. FancvU Video Chat & Meetup
48. Real: Go Live. Make Friends
49. MoonChat: Enjoy Video Chats
50. Real Lite -video to live!
51. Wink: Connect Now
52. FunChat Meet People Around You
53. FancyU pro Instant Meetup through Video chat!
54. Beauty Camera: Sweet Selfie HD

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