Blocking of Websites under the Information Technology Act
I received a few queries recently on the law regarding blocking of websites and remedies under the law against blocking. These queries were in the wake of the government's recent directions to block twitter handles of prominent journalists and commentators who were critical of the government's policies. I had anopportunity to address the issue in another forum last month. This post reiterates the broad points addressed by me in that forum.
Under the Constitution, the Government cannot muzzle free speech except if a reasonable restriction is imposed in order to preserve the sovereignty and integrity of the country, national security, friendly relations with foreign States,public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence (Article 19(2) of the Constitution)
MECHANISM UNDER THE IT ACT TO BLOCK WEBSITES
Below is Section 69A of the Information Technology Act, 2000, which was inserted in the Act through the Information Technology (Amendment) Act, 2008 (available here):
“69A. (1) Where the Central Government or any of its officer specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do in the interest of sovereignty
