Website Blocking in India: The Case of ‘Vikatan’ and the Legal Framework

Sub :Sci

Sec: Awareness in IT

Why in News

The Tamil magazine Vikatan became inaccessible to readers after a complaint was filed regarding a controversial cartoon. This incident has raised concerns over press freedom and the legal provisions governing website blocking in India.

Background:

Vikatan, a prominent Tamil magazine, published a cover cartoon in its digital edition.
The cartoon depicted Prime Minister Modi shackled in chains next to former U.S. President Trump, symbolizing the deportation of Indian migrants from the U.S. in similar conditions.
The Ministry of Information and Broadcasting (MIB) relayed the order through the Department of Telecommunications (DoT), instructing internet service providers and telecom operators to block the website.

Legal Framework Governing Website Blocking in India:

Section 69A of the IT Act, 2000: Grants the government authority to block websites in the interest of:
- Sovereignty and integrity of India
- Defence and security of the state
- Friendly relations with foreign states
- Public order or to prevent incitement of offenses
Blocking orders are confidential, and affected parties usually do not receive a copy

The Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009:

Details the procedural aspects of blocking websites.
Ministries and state government departments can forward blocking requests to a designated officer under the IT Ministry.
A review committee examines the request before issuing a blocking directive. Once approved, the DoT instructs broadband and telecom service providers to enforce the ban.
Legal Remedies Available to Vikatan: Right to Representation Under the 2009 Blocking Rules, the affected entity must receive prior notice, allowing them to present their case before a review committee.
- If the committee rejects its defence, the magazine has the right to challenge the decision in the High Court

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:

These rules regulate content moderation on websites, streaming platforms, and social media.
The I&B Ministry and IT Ministry can issue emergency orders to block content within digital platforms.
Unlike complete website blocking, these rules primarily deal with individual pieces of content.

Challenges in Content-Specific Blocking:

Modern HTTPS encryption prevents selective content blocking on a website unless the publisher cooperates.
Internet service providers can only restrict access to entire domains, making partial blocking difficult without the involvement of the content owner.