Centre blocks 200 online platforms under Section 69(A) of IT Act: What is the provision, the debate around it

Source: The post is based on the article “Centre blocks 200 online platforms under Section 69(A) of IT Act: What is the provision, the debate around it” published in Indian Express on 10th February 2023.

What is the News?

The Ministry of Electronics and Information Technology (MeitY) has issued orders to block 138 online betting platforms and 94 money lending apps under Section 69(A) of the Information Technology Act, 2000.

The decision was based on a recommendation of the Ministry of Home Affairs (MHA). The MHA had received inputs from central intelligence agencies that some of the sites and apps were allegedly linked to China and contained material prejudicial to the sovereignty and integrity of India.

What is Section 69 of the IT Act?

Section 69 of the IT Act allows the government to issue content-blocking orders to online intermediaries such as Internet Service Providers (ISPs), telecom service providers, web hosting services, search engines, online marketplaces etc. 

However, the Section requires the information or content being blocked to be deemed a threat to India’s national security, sovereignty or public order.

What is the procedure to block such apps?

Since 2009, the Ministry of Electronics and Information Technology(MeitY) has possessed blocking powers.

Although MeitY derives these powers from the IT Act, it is the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules,2009 which explain the process to issue such orders.

What have the courts said on Section 69A?

In a landmark 2015 ruling, the Supreme Court in “Shreya Singhal vs Union of India” struck down Section 66A of the Information Technology Act of 2000 which entailed punishment for sending offensive messages through communication services etc.

The plea had also challenged Section 69A of the Information Technology Rules 2009 but the SC held this to be “constitutionally valid”.