[rpd] Anti-Shutdown (AFPUB-2017-GEN-001-DRAFT-01)

[Ish Sookun]

Hi Ben,

On 05/05/17 10:08, Ben Roberts wrote:
> 
> [..] The first instance sounds like it should be covered under the definition of Internet shutdowns.
> 

This is what happened in the first instance:
https://www.lexpress.mu/article/trilock-dwarka-pourquoi-licta-bloqu%C3%A9-%C2%ABfacebook%C2%BB

  "The Executive Director of the ICTA, Dr Krishna Oolun, received an
official letter from the Ministry of technology, Information and
Communication asking for his "views" on the case. The ICTA gave
instructions to ISPs to block access to Facebook."

Although there is no censorship law in Mauritius that says "all content
irrespective of its source or its nature", the existing legislation can
be interpreted in a way to circumvent the current definition of the
anti-shutdown proposal. I quote Section 18(m) of the ICT Act 2001 of
Mauritius:

  « The Authority shall take steps to regulate or curtail the harmful
and illegal content on the Internet and other information and
communication services. »

The Ministry may call upon the ICT regulator to block a media site
alleging that the site has published harmful content.

My proposal is simple. The interpretation of the law, whether something
is harmful or illegal, should be left for court to decide.

Regards,

Ish Sookun