Document details

Jurisprudence Shaping Digital Rights in South Asia

Association for Progressive Communications (APC);Cyrilla Project (2020), 54 pp.

ISBN 978-92-95113-36-7

"The objective of this report is to make available a resource that can be used by lawyers, policy experts and civil society to gauge the trajectory of judicial discourse on digital rights and use this as a tool to advocate for greater protections. This is not a compendium of all cases relating to the topics dealt with. For studying the cases, the researchers developed a workbook that collated decisions available in online databases including CYRILLA and the Columbia University’s Global Freedom of Expression database. Resources developed by national groups on the state of digital rights in their countries provided critical guidance. The cases selected naturally fell into three categories of Access, Privacy and Freedom of expression. A key challenge faced, while developing this research, relates to collection of data. In many of the countries (except India), case laws are not easily available on free, open and searchable case law databases. Judgements and orders are often not available or are difficult to access on official court websites. In some countries, many of the decisions or orders relating to digital rights were not reported and thus were inaccessible. In a few instances, particularly for Nepal and Pakistan, some judgements were not available in English and reliance had to be placed on the analysis of the judgement provided by researchers with knowledge of the local language. The countries selected share similar legal systems and challenges in the exercise and enjoyment of digital rights. Some of the issues covered by the report include discussions around access to the internet and its impact on other rights as well as network shutdowns. Judicial pronouncements in relation to privacy, surveillance, national identity programmes, data protection have been analysed across jurisdictions. A significant number of cases studied related to challenges surrounding freedom of expression. Judgements on access to the internet indicate that there is some recognition of the central role the internet and connectivity play in the lives of all individuals. Cases discussed in this report include judgements relating to equitable telecast rights, instances where use of mobile phones were prohibited, providing limited internet access to prisoners, recognition of medium of information being protected and multiple cases on network shutdowns." (Overview and refelections, page 7)
Overview and reflections, 7
List of cases, 10
Introduction and methodology, 12
ICT legal landscapes, 16
Access and network shutdowns, 22
Privacy and surveillance, 29
Freedom of expression, 35