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Laws regarding blocking of Websites and Apps in India

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Recent order in India has banned 59 Chinese apps including TikTok, Shareit, Mi Video, and UC Browser amid tension between two countries. The country’s IT ministry invoked Section 69A of the IT Act 2000 that lets the government block services if they’re deemed dangerous for sovereignty and integrity of the country. So in this article let's understand the Laws regarding Blocking of Websites and Apps in India 

Laws Regarding the Blocking of websites and Apps in India

In India, there are various laws that regulate the working of Websites and Apps. These laws are meant to govern the content of websites in order to maintain peace and morality among citizens. The Information Technology Act 2000 is the law that primarily deals with cyberspace in India. The laws that lay down the provisions for blocking of websites are 1) Information Technology Act 2000(Section 69) & Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.

Information Technology Act,2000

Section 69A of the Information Technology Act,2000 is the important provision regarding blocking of Websites and Apps in India

Section 69A:- Power to issue directions for blocking for public access of any information through any computer resource.–(1) Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.

(2) The procedure and safeguards subject to which such blocking for access by the public may be carried out, shall be such as may be prescribed.

(3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.1

This Section of the Information Technology Act provides the government with the authority to block access to websites and apps if it is satisfied that it is necessary to do so in the interest of the sovereignty and integrity of India, defence of India, the security of the State or public order.

While the Information Technolgy Act provides that power to block access, the procedure to do so is provided by the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009. 

Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 20092

Under these rules, public access to websites, apps, etc can be blocked at the request of persons who believe the conditions under the IT Act are fulfilled, after evaluation by a designated officer of the government, and after giving relevant stakeholders a chance to respond. The central government must also have a designated officer who is “not below the rank of a Joint Secretary” for the aim of issuing direction for blocking websites and apps under Section 69. The Nodal officers receive the complaints on behalf of the central and state governments, and after an assessment, forward these complaints to the designated officer. The grievance then shall be examined by a Committee of Government Personnel who initially have to build all the affordable efforts to identify the originator or the intermediary (hosting companies/ISPs/telecom operators/Social Media sites/publications) who has hosted the data. The Website or the App Company is given a hearing and has to appear before the committee within 48 hours. The committee will then consider whether or not the request is covered by 69A of the IT Act, and if it is, the designated Officer must submit the recommendation to the Secretary, Department of IT, who will approve such requests, which will be sent to the hosting companies and ISPs to block access to the websites or Apps.

Blocking of Websites and Apps in cases of emergency

The rules also, allow the Secretary of the Department of Information Technology to take interim measures to block access in case of emergencies, without first giving the stakeholders a chance to respond (Rule 9).In an emergency situation, there is no time to give stakeholders a hearing before taking the action for blocking access. However, that action of blocking access can’t become permanent without giving them a chance at a hearing, this is one of the principles of natural justice, which is extremely important in a country like India that follows the rule of law. Rule 9 of the IT Blocking Rules recognizes this principle and provides that while the Secretary of the Department of Information Technology can take urgent action as an interim measure but this has to be then reviewed by the committee that is set up under the rules to examine the requests for blocking public access.

As part of its evaluation of the interim measures, the committee has to give notice to the relevant stakeholders i.e. the Website or the App companies who are to be given a chance to appear before the committee and submit their reply and clarifications. Once the committee receives a request/order for blocking, it is supposed to make a decision on it within seven working days. The app companies or the website companies would have to respond within 48 hours of receiving such notice from the committee.

Once they have done so, the committee has to send its recommendations regarding the case, including whether it is justifiable to block the apps under Section 69A of the IT Act, to the central government. Only then can the interim order be finalized.

Process of an order of the court for blocking of websites and Apps

In case of an order from a competent court in India for blocking of any information or part thereof generated, transmitted, received, stored or hosted in a computer resource, the Designated Officer shall, immediately on receipt of a certified copy of the court order, submit it to the Secretary, Department of Information Technology and initiate action as directed by the court.

The validity of Section 69A

In the landmark judgment of Shreya Singhal vs Union of India3, the Supreme court while declaring Section 66A of IT Act unconstitutional it had upheld the validity of 69A which deals with blocking the content of websites if their content harms the security and integrity of India, public order and friendly relations with other countries. However, the Supreme Court in this judgment gave 3 guidelines to restrict the misuse of this section. These are 1) The central government can resort to this section if it is fully satisfied that it is necessary to do; 2)can be done only in cases set out in Article 19(2) of the constitution and 3)these reasons should be recorded in writing so that can be assailed in a writ petition.

Conclusion 

Due to the growing use of the Internet for dissemination of information, this provides a tool to spread information which has the potential to damage the sovereignty and integrity nation. Section 69A of the IT Act along with the rules provides a way to block access to websites and apps that can steal sensitive personal Data, spread information that affects a nation. As they say "Data is the new Oil" it becomes quite imperative that personal Data of citizens is protected and to ensure that Websites and Apps do not use the cyberspace that in any way affects the sovereignty and integrity of India, defence of India and the security of the State or public order.


References
https://blog.ipleaders.in/laws-regarding-blocking-website/#_ftn2
https://www.thequint.com/news/law/can-tiktok-chinese-app-ban-be-overturned-government-review-committee-courts
1)  https://indiankanoon.org/doc/10190353/
2) https://meity.gov.in/writereaddata/files/Information%20Technology%20%28%20Procedure%20and%20safeguards%20for%20blocking%20for%20access%20of%20information%20by%20public%29%20Rules%2C%202009.pdf
3) AIR 2015 SC 1523
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Location: India

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