Section 69(A) of IT Act

What’s in today’s article?

• Why in News? 
• About Information Technology Act
• What is Section 69 of the IT Act?
• What is the Procedure to block such Content/Apps?
• Judiciary’s Opinion on Section 69 of the IT Act
• Recent Instances of Government using Section 69(A) of IT Act

Why in News? 

• The Ministry of Electronics and Information Technology (MeitY) recently 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 Information Technology Act?

• The Information Technology Act, 2000 also Known as an IT Act is an act notified by the Parliament in October 2000.
• The IT Act is based on the United Nations Model law on Electronic Commerce 1996 (UNCITRAL Model). 
• It is the most important law dealing with Cybercrime and E-Commerce in India.
• The main objective of this act is to carry lawful and trustworthy electronic, digital and online transactions and alleviate or reduce cybercrimes.

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.
• If the Centre or state government are satisfied that blocking the content is “necessary” and “expedient” on the above mentioned grounds, then it can direct the concerned authority to block the content.

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What is the Procedure to block such Content/Apps?

• Since 2009, the MeitY has possessed blocking powers similar to those of the Ministry of Information & Broadcasting. 
• 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 or the IT Rules, 2009, which explain the process to issue such orders. 
• The IT Rules include provisions such as review committees, the opportunity for a fair hearing, strict confidentiality, and maintenance of records by designated officers.

Judiciary’s Opinion on Section 69 of the IT Act

• Shreya Singhal vs Union of India (2015) – 
  • In a landmark judgement, the Supreme Court had struck down Section 66A of the IT Act.
    • Section 66A made sending of offensive messages using a computer or any other communication devices a crime. 
    • The police had to determine whether an information sent in the message qualified as offensive or not.
• W.r.t. Section 69(A) of the IT Act, the Court held it to be constitutionally valid.

Recent Instances of Government using Section 69(A) of IT Act

• Following cross-border tensions with China, the MeitY banned 59 apps in June, 2020, including TikTok, Shareit, Shein, Xiaomi Mi Community, Clash of Kings, Weibo, Likee, etc. 
• Similarly, in September, 2020, the government banned 118 apps, including the gaming app PUBG, followed by another ban on 49 apps on November 19, 2020.

Q1) What is a Landmark Judgement?

A Landmark decision, or Landmark court decision, establishes new precedents that establish a significant new legal principle or concept. Or it changes the interpretation of existing law.

Q2) What is the meaning of Information Technology?

Information Technology means the use of hardware, software, services, and supporting infrastructure to manage and deliver information using voice, data, and video.

Source:  Centre blocks 200 online platforms under Section 69(A) of IT Act