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India bans 827 porn sites including THAPORNDUDE

In October 2018 Indian ISPs were told to block 827 adult sites, this one among them, on the strength of a High Court order and an intermediary rule rather than any statute banning pornography. The mechanism it established has outlived the block itself.

The number in the headline was never the interesting part. What mattered about October 2018 was the route the instruction travelled, because that route is still open.

No law was passed. No regulator held a hearing. A High Court, acting on its own motion after reading press coverage of a criminal case, directed that a list of sites be made inaccessible; a ministry checked the list, struck thirty entries that carried no pornographic content, and passed the remaining 827 to the telecom department, which instructed the licensed ISPs. From judicial notice to a blocked domain, with no statute anywhere in the chain.

The order came from the High Court of Uttarakhand on 27 September 2018 and rested on the intermediary rules made under the Information Technology Act — the provision requiring intermediaries to inform users not to host or transmit obscene material. That is a compliance rule addressed to platforms. Using it as the basis for a national access block was the move that drew the criticism.

The gap it papers over is straightforward and was pointed out at the time by Indian cyber-law practitioners: watching adult material privately is not an offence in India. The Supreme Court had previously declined to order a general ban. What is criminal — and this distinction did most of the argumentative work in the case — is material depicting the sexual abuse of children, which is prohibited under separate and much stronger provisions and was never the thing a list of 827 mainstream tube and directory domains was going to address.

So the block was aimed at a category of content that is lawful to consume, through an instrument written for something else, in response to a case about conduct that is criminal regardless.

The claim underneath it

The proceedings were prompted by an assault case, and the argument put to the court connected the offence to pornography the accused were said to have watched. That claim is why the order exists and it should be identified as a claim rather than a finding.

Research on whether pornography availability drives sexual violence has not established that relationship, and the studies that exist point in inconsistent directions. This article does not resolve it and no figure is quoted in either direction. What can be said is narrower and firmer: a claim of that kind, accepted in a single proceeding, became the basis for a nationwide access restriction without anything resembling an evidentiary process on the general question.

None of that diminishes the seriousness of the case that prompted it. It does mean the remedy and the harm were never actually connected by evidence.

It had already failed once

Three years earlier, in 2015, India had blocked a list of comparable size and withdrawn it within about a week after public criticism that the state was policing private conduct. The 2018 order came with no explanation of what had changed.

The practical outcome was the one everybody involved could have predicted. Blocks of this type are implemented per-domain at the ISP level and are defeated by an alternative domain, a resolver change or a VPN, all of which are trivially available. Pornhub responded by putting up a different domain for Indian visitors and announcing it publicly, which is a fair summary of how much friction the measure created. Other listed sites — Xvideos among them — remained reachable by the same routes.

The people actually inconvenienced were those who did not know to look for a workaround. That is the general property of domain blocking: it filters by technical literacy rather than by intent, which is close to the inverse of what a protective measure should do.

What it left behind

The blocking itself faded, as such measures do. The mechanism did not.

What 2018 established in practice was that a list of domains could go from a court's reading of a newspaper to a nationwide ISP instruction in a few weeks, with the ministry's role reduced to auditing whether entries belonged on the list rather than whether there should be a list. India has returned to that mechanism repeatedly since, against adult sites and later against streaming services, and each subsequent use is easier than the last because the path is established.

That is also why the directory being on the list was more than a curiosity. A directory hosts no content; it is an index of links. Including one is a decision to block the map rather than the territory, and it marks the point at which a blocklist stops targeting material and starts targeting the ability to find it.

The wider pattern

India was not alone, and the 2018 wave included Nepal's block of adult sites, announced on closely similar reasoning, along with attempts elsewhere.

The shape recurs: a serious crime, a causal claim made in its aftermath, an administrative instrument reached for because passing a law is slower and harder to defend, and a technical measure that inconveniences the least motivated users while leaving the stated problem untouched. Eight years on, the argument has moved to age-verification mandates rather than blocklists, but the structure of it — the demand for a fast technical answer to something that is not a technical problem — has not changed at all.