Under It Act govt must share blocking reasons

Under It Act govt must share blocking reasons

Subject: Polity

Context:

• Twitter has challenged 39 blocking orders issued by the Ministry of Electronics and Information Technology in 2021 in Karnataka High Court.
• While a provision under the Information Technology Act, 2000, empowers the government to order the blocking of access to online content, it also necessitates the recording of reasons for the order which must be communicated to the users.

What is Information Technology Act, 2000.

• The Information Technology Act, 2000 was enacted by the Indian Parliament in 2000.
• It is the primary law in India for matters related to cybercrime and e-commerce.
• The act was enacted to give legal sanction to electronic commerce and electronic transactions, to enable e-governance, and also to prevent cybercrime.
• Under this law, for any crime involving a computer or a network located in India, foreign nationals can also be charged.
• The law prescribes penalties for various cybercrimes and fraud through digital/electronic format. It also gives legal recognition to digital signatures.

What are the laws related to blocking of Internet Content:

Information Technology Act, 2000:

• The Information Technology (IT) Act, 2000governs all activities related to the use of computer resources.
• It covers all intermediaries who play a role in the use of computer resources and electronic records. The role of the intermediaries has been spelt out in separate rules framed for the purpose in 2011 i.e The Information Technology (Intermediaries Guidelines) Rules, 2011.

Section 69 of the IT Act:

• It confers on the Central and State governments the power to issue directions to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource.
• The grounds on which these powers may be exercised are:

1. In the interest of the sovereignty or integrity of India, defence of India, the security of the state.
2. Friendly relations with foreign states.
3. Public order or for preventing incitement to the commission of any cognizable offence relating to these.
4. For investigating any offence.

Process of Blocking Internet Websites:

• Section 69A for similar reasons and grounds, enables the Centre to ask any agency of the government, or any intermediary, to block access to the public of any information generated, transmitted, received or stored or hosted on any computer resource.
• Any such request for blocking access must be based on reasons given in writing.