Centre used IT Act powers to block apps

NEW DELHI : The central government has banned 59 mainly Chinese mobile applications such as Tik-Tok and WeChat, invoking its powers under section 69A of the Information Technology Act of 2000 and provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules of 2009 to block the apps.

This step was taken, according to government statement, because the Centre had information that the app companies are engaged in activities prejudicial to the sovereignty and integrity of India, defence of India, security of state and public order.

The ban has raised a slew of legal questions.

Section 69A of the IT Act provides for the central government to issue directions for blocking public access to any information through any computer resource. This is the provision which has been relied on by government agencies in the past to take down online content.

The section also sets out the grounds on which such a step can be taken - - in the interest of sovereignty and integrity of India, defence of India, security of the country, friendly relations with foreign states or public order or for preventing incitement to the commission of any offence relating to above. The provision mandates that the reasons for blocking such content have to be recorded in writing.

There are broadly two procedures prescribed under the 2009 rules. One is when the intermediary or person who has hosted the information is given a hearing before the content is blocked (Rules 6, 7 and 8). The second method is to deal with emergency cases in which the designated officer can issue an interim order blocking the content without giving a hearing to the originator or intermediary (rule 9).

“But the fact of the matter is that, even in cases where hearing is given before imposing a ban, the hearing is most times afforded only to the intermediary and not to the originator or content creator. So we cannot be sure whether a ban is under rules 6, 7 and 8 or under rule 9”, said Gurshabad Grover, research manager at the Centre for Internet and Society.

HOW WILL THE BLOCKING BE IMPLEMENTED? “It will be implemented in two ways. One, the government will ask Apple and Google to take down these apps from their online stores. So nobody can download the apps from now on. Second, it can ask Internet Service Providers (ISPs) to block traffic to the apps. This will ensure that continued use of app is not possible”, Grover said.

WHERE IS THE ORDER BLOCKING THE APPS? One crucial aspect which has been pointed out is that no details have been made available in the public domain on the ban except what has been stated in the government statement. Rule 16 of the 2009 rules mandate that strict confidentiality has to be maintained when it comes to complaints received and action taken regarding such a ban.

Since the order is not available, the exact reason cannot also be deduced except that it is on the grounds of national security.

Brijesh Singh, inspector general of police, Maharashtra, cited the potential security issues associated with such apps.

“During hostilities and conflict between China and other countries, data from these apps will put the Chinese regime to a great geopolitical advantage... A rapid and thorough assessment of Chinese apps from the point of view of national security as well as individual privacy is the urgent need of the hour”, he said.

Some have pointed out that such a ban affects freedom of speech of people who use such apps to voice their opinion or showcase their creativity. Concerns have also been raised that it stifles access to information. “Many of these apps are used by people to express their opinions and showcase their talent. A ban on them could be construed as affecting right under article 19.”