As we all know that Government of India has recently banned 118 Chinese Apps and almost the same number of Apps were banned earlier in two lots. The main headlines in this news were ‘PubG is Banned’.
Yes friends, as a reaction to this news many of the parents felt relaxed and on the other hand youth felt wistful. Specially those youth who used to play it on commercial basis and for whom it was a big source of entertainment.
After all, what made Government suddenly take this action? What are the reasons and what is the process for the ban? Can these banned Apps be unbanned again? Let’s look into the legal aspects of all this.
The Information Technology Act, 2000 is the primary law in India dealing with cybercrime and subsequently an Amendment act 2008 was also passed.
Section 69 0f IT Act 2000, empowers the Government to monitor the activities or information shared on internet. These powers were further specified in Amendment Act 2008 mentioned as Sec. 69A of IT Act.
What is Section 69A?
Section 69A was introduced in Amendment Act 2008, which gives the power to the Central Government and any other authorized government body to ban any website or App for public access.
Under Section 69A, if a website threatens India’s defence, its sovereignty and integrity, friendly relations with foreign countries and public order, the government can ban it, after following due procedure.
A court may also issue directions for blocking information online.
Blocking procedure
The procedures to block a website are also specified in Amendment Act. There are two provisions for blocking of a website.
Section 69A mandates that every ministry in central, state and Union Territory governments must have a nodal officer, to receive complaints, who then forwards it to a committee to examine the grievance.
This committee includes representatives from the Ministries of Law and Justice, Home Affairs, Information and Broadcasting and the Indian Computer Emergency Response Team (CERT-In), and give the intermediary a hearing.
Once this procedure is over, the designated officer can issue directions to block a website, only after the approval of the secretary of the Department of Information Technology — in ordinary circumstances.
However, after the interim orders being passed, the website is given a chance to present a plea before the committee. Website owner himself of any of its representatives can appear before the committee at a specified date and time. The recommendation of the committee is conveyed to the IT secretary who has the final say and may give his approval or disapproval.
After website ban orders, website owner can also apply for review before a Review Committee.
Section 69A also makes space for an event in which committee is convinced that banning of website of App is unavoidable, an order to block website are issued under “emergency provisions”. In such cases, the aggrieved party does not get a hearing.
In the interest of national security
The latest order that bans 118 Chinese apps is an interim one, which has been issued under the emergency clause, as it was necessary for national security. As we all know that there is a tense situation at LAC and there is a threat of security from China. Looking to this, Government of India went for banning these Apps.
So friends, I want to say that cyber security laws are strong in our country also, and if you find any case of cyber fraud or any misconduct, don’t hesitate to report it to an appropriate authority. Definitely there will be an action. This will help in creating secured cyber eco system in our country.
Thank you
