Blocking of website

Querist : Anonymous (Querist) 23 February 2010 This query is : Resolved
Can the obscene/porn website be blocked / banned by invoking the Section 69A of the Information Technology (Amendment) Act, 2008 read with the Information Technology (Procedures and safeguards for Blocking of Access of Information by Public) Rules 2009?

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Querist : Anonymous (Querist) 23 February 2010
While the newly inserted Section 69A empowers the designated government authority to direct any agency of the government or Intermediary to block any website or transmission of any information to be accessed by the general public. The blocking order u/s 69A IT Act can be issued by the designated government authority in the interest of:-
(a) sovereignty and integrity of India,

(b) defense of India,

(c) security of the State,

(d) friendly relations with foreign States or

(e) public order or

(f) for preventing incitement to the commission of any cognizable offence relating to above.

The Information Technology (Procedures and safeguards for Blocking of Access of Information by Public) Rules 2009 as the name suggests lays down the procedures, guidelines for blocking of the website or information generated, transmitted via internet for the general public.
The pertinent question is whether the porn website attracts any of the clauses mentioned under (a) to (f) stated supra. The answer is no. The obscene/or porn website does not fall under any of the aforesaid category. So, the government cannot block the porn website by invoking the Section 69A IT Act. Only the court can block the porn website.