Former Central Information Commissioner Uday Mahurkar wants three new laws to implement an ISP-level ban on "obscene content" using AI. Tech experts argue this proposal would either break internet encryption or force blanket bans, rendering it technically impossible without collateral damage. The implications directly threaten online privacy and legitimate content access for every Indian internet user.
How We Got Here
India already bans specific pornographic websites, with intermediary liability under Section 79 of the IT Act requiring "actual knowledge" for ISPs. Mahurkar's proposals escalate a decade-long debate around online content regulation, which saw significant amendments in 2021.
The Numbers
- Mahurkar wrote to Prime Minister Narendra Modi on September 30, 2026, proposing three new legislative interventions.
- One proposed law mandates an "immediate ban on Pornography for minors," citing similar legislation in 16 other countries.
- Another proposal seeks to amend the Indecent Representation of Women (Prohibition) Act, 1986, to increase jail terms to 10 years with no bail for three years.
- Network researcher Karan Saini clarified that ISPs cannot moderate content they don't 'know or see' passing through their encrypted networks.
What Happens Next
🇮🇳 Why This Matters for India
For developers building encrypted communication platforms in Bangalore or cybersecurity firms in Hyderabad, such a law represents an existential threat to their core functionality and user trust.
The Take
This proposal loses sight of technical reality, creating a losing scenario for both user privacy and legitimate online services. Expect serious pushback from tech policy bodies, ensuring this specific ISP-level mandate never sees the light of day.
Source:
MediaNama ↗