India first democracy to ban encrypted messaging apps on massive scale.
Only days before Press Freedom Day, India banned apps for secure communication because of "terrorists" use.
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
- TikTok
- Shareit
- Likee
- Clash of Kings
- Club Factory
- DU battery saver
- Helo
- Kwai
- YouCam makeup
- Mi Community
- CM Browers
- Virus Cleaner
- APUS Browser
- ROMWE
- Baidu map
- Newsdog
- Beutry Plus
- UC Browser
- UC News
- QQ Mail
- Shein
- Xender
- QQ Music
- QQ Newsfeed
- Bigo Live
- SelfieCity
- Mail Master
- Parallel Space
- Mi Video Call Xiaomi
- WeSync
- ES File Explorer
- Viva Video QU Video Inc
- Meitu
- Vigo Video
- New Video Status
- DU Recorder
- Vault- Hide
- Cache Cleaner DU App studio
- DU Cleaner
- DU Browser
- Hago Play With New Friends
- Cam Scanner
- Clean Master Cheetah Mobile
- Wonder Camera
- Photo Wonder
- QQ Player
- We Meet
- Sweet Selfie
- Baidu Translate
- Vmate
- QQ International
- QQ Security Center
- QQ Launcher
- U Video
- V fly Status Video
- Mobile Legend
Chinese apps banned in India in September 2020
- Baidu
- PUBG MOBILE Nordic Map: Livik
- PUBG MOBILE LITE
- Rise of Kingdoms: Lost Crusade
- APUS Flashlight-Free & Bright
- Cut Cut Cut Out & Photo Background Editor
- APUS Launcher Pro- Theme, Live Wallpapers, Smart
- Baidu Express Edition
- FaceU Inspire your Beauty
- ShareSave by Xiaomi: Latest gadgets, amazing deals
- CamCard Business Card Reader
- CamCard Business
- CamCard for Salesforce
- CamOCR
- InNote
- VooV Meeting Tencent Video Conferencing
- APUS Launcher -Theme, Call Show, Wallpaper, HideApps
- WeChat reading
- Government WeChat
- Small Q brush
- Tencent Weiyun
- Pitu
- WeChat Work
- Cyber Hunter
- Cyber Hunter Lite
- Knives Out-No rules, just fight!
- Super Mecha Champions
- LifeAfter
- Dawn of Isles
- Ludo World-Ludo Superstar
- Chess Rush
- Super Clean Master of Cleaner, Phone Booster
- APUS Security -Antivirus, Phone security, Cleaner
- APUS Turbo Cleaner 2020- Junk Cleaner, Anti-Virus
- Art of Conquest: Dark Horizon
- Dank Tanks
- Warpath
- Game of Sultans
- Gallery Vault Hide Pictures And Videos
- Smart AppLock (App Protect)
- Message Lock (SMS Lock)-Gallery Vault Developer Team
- Hide App-Hide Application Icon
- AppLock
- AppLock Lite
- Dual Space Multiple Accounts & App Cloner
- ZAKZAK Pro Live chat & video chat online
- ZAKZAK LIVE: live-streaming & video chat app
- Music Mp3 Player
- Music Player Audio Player & 10 Bands Equalizer
- HD Camera Selfie Beauty Camera
- Cleaner Phone Booster
- Web Browser & Fast Explorer
- Video Player All Format for Android
- Photo Gallery HD & Editor
- Photo Gallery & Album
- Music Player Bass Booster Free Download
- HD Camera Beauty Cam with Filters & Panorama
- HD Camera Pro & Selfie Camera
- Music Player MP3 Player & 10 Bands Equalizer
- Gallery HD
- Web Browser Fast, Privacy & Light Web Explorer
- Web Browser Secure Explorer
- Music player Audio Player
- Video Player All Format HD Video Player
- Lamour Love All Over The World
- Amour- video chat & call all over the world.
- MV Master Make Your Status Video & Community
- MV Master Best Video Maker & Photo Video Editor
- APUS Message Center-Intelligent management
- LivU Meet new people & Video chat with strangers
- Carrom Friends : Carrom Board & Pool Game-
- Ludo All Star- Play Online Ludo Game & Board Games
- Bike Racing : Moto Traffic Rider Bike Racing Games
- Rangers Of Oblivion : Online Action MMO RPG Game
- Z Camera Photo Editor, Beauty Selfie, Collage
- GO SMS Pro Messenger, Free Themes, Emoji
- U-Dictionary: Oxford Dictionary Free Now Translate
- Ulike Define your selfie in trendy style
- Tantan Date For Real
- MICO Chat: New Friends Banaen aur Live Chat karen
- Kitty Live Live Streaming & Video Live Chat
- Malay Social Dating App to Date & Meet Singles
- Alipay
- AlipayHK
- Mobile Taobao
- Youku
- Road of Kings- Endless Glory
- Sina News
- Netease News
- Penguin FM
- Murderous Pursuits
- Tencent Watchlist (Tencent Technology
- Learn Chinese AI-Super Chinese
- HUYA LIVE Game Live Stream
- Little Q Album
- Fighting Landlords Free and happy Fighting Landlords
- Hi Meitu
- Mobile Legends: Pocket
- VPN for TikTok
- VPN for TikTok
- Penguin E-sports Live assistant
- Buy Cars-offer everything you need, special offers and low prices
- iPick
- Beauty Camera Plus Sweet Camera & Face Selfie
- Parallel Space Lite Dual App
- “Chief Almighty: First Thunder BC
- MARVEL Super War NetEase Games
- AFK Arena
- Creative Destruction NetEase Games
- Crusaders of Light NetEase Games
- Mafia City Yotta Games
- Onmyoji NetEase Games
- Ride Out Heroes NetEase Games
- Yimeng Jianghu-Chu Liuxiang has been fully upgraded
- Legend: Rising Empire NetEase Games
- Arena of Valor: 5v5 Arena Games
- Soul Hunters
- Rules of Survival
Chinese apps banned in November 2020
- AliExpress
- Alibaba Workbench
- Adore App
- Alipay Cashier
- Lalamove India Delivery App
- Drive with Lalamove India
- AliSuppliers Mobile App
- CamCard Business Card Reader
- CamCard BCR (Western)
- Soul- Follow the soul to find you
- Chinese Social Free Online Dating Video App & Chat
- Date in Asia Dating & Chat For Asian Singles
- WeDate-Dating App
- Free dating app-Singol, start your date!
- Snack Video
- TrulyChinese Chinese Dating App
- TrulyAsian Asian Dating App
- ChinaLove: dating app for Chinese singles
- DateMyAge: Chat, Meet, Date Mature Singles Online
- AsianDate: find Asian singles
- FlirtWish: chat with singles
- Guys Only Dating: Gay Chat
- Tubit: Live Streams
- WeWorkChina
- First Love Live- super hot live beauties live online
- Rela Lesbian Social Network
- Cashier Wallet
- MangoTV
- MGTV-HunanTV official TV APP
- WeTV TV version
- WeTV Cdrama, Kdrama&More
- WeTV Lite
- Lucky Live-Live Video Streaming App
- Taobao Live
- DingTalk
- Identity V
- Isoland 2: Ashes of Time
- BoxStar (Early Access)
- Heroes Evolved
- Happy Fish
- Jellipop Match-Decorate your dream island
- Munchkin Match: magic home building
- Conquista Online II
Chinese apps banned in February 2022
- Garena Free Fire Illuminate
- Beauty Camera Selfie Camera
- Lica Cam selfie camera app
- Music Player- Music.Mp3 Player
- Voice Recorder & Voice Changer
- Music Plus MP3 Player
- Equalizer Pro Volume Booster & Bass Booster
- Viva Video Editor Snack Video Maker with Music
- Music Player Equalizer & MP3
- Volume Booster Loud Speaker & Sound Booster
- Music Player MP3 Player
- CamCard for SalesForce Ent
- Isoland 2: Ashes of Time Lite
- Rise of Kingdoms: Lost Crusade
- APUS Security HD (Pad Version)
- Parallel Space Lite 32 Support
- Video Player Media All Format
- Nice video baidu
- Tencent Xriver
- Onmyoji Chess
- Onmyoji Arena
- AppLock
- Dual Space Lite Multiple Accounts & Clone App
- Dual Space Pro Multiple Accounts & App Cloner
- DualSpace Lite 32Bit Support
- Dual Space 32Bit Support
- Dual Space 64Bit Support
- Dual Space Pro 32Bit Support
- Conquer Online MMORPG Game
- Conquer Online Il
- Live Weather & Radar Alerts
- Notes- Color Notepad, Notebook
- MP3 Cutter Ringtone Maker & Audio Cutter
- Equalizer & Bass Booster Music Volume EQ
- Barcode Scanner QR Code Scan
- Equalizer Bass Booster & Volume EQ & Virtualizer
- EVE Echoes
- Astracraft
- UU Game Booster-network solution for high ping
- Extraordinary Ones
- Badlanders
- Stick Fight: The Game Mobile
- Twilight Pioneers
- CuteU: Match With The World
- Small World-Enjoy groupchat and video chat
- CuteU Pro
- FancvU Video Chat & Meetup
- Real: Go Live. Make Friends
- MoonChat: Enjoy Video Chats
- Real Lite -video to live!
- Wink: Connect Now
- FunChat Meet People Around You
- FancyU pro Instant Meetup through Video chat!
- Beauty Camera: Sweet Selfie HD
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