Blocking of Online Information under Section 69A

Section 69A of the Information Technology Act, 2000 empowers the Central Government, or an officer specially authorised by it, to order the blocking of public access to specified online information. The power applies to information generated, transmitted, received, stored or hosted in any computer resource and may be exercised only on the grounds stated in the section, through the prescribed procedure and with reasons recorded in writing.

Scope and statutory grounds

Blocking must be considered necessary or expedient for one or more grounds expressly listed in Section 69A.

• The grounds are the sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States and public order.
• Blocking may also be ordered to prevent incitement to the commission of a cognizable offence relating to any of these grounds.
• A direction may be issued to an agency of the government or to an intermediary to block public access to the information.
• Section 69A concerns blocking access to information; it does not by itself require the information to be deleted from its source.

Ordinary blocking process

The Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 prescribe the decision-making process.

• Blocking requests are routed to the Central Government's Designated Officer through the prescribed institutional channel.
• The Designated Officer places a valid request before a committee consisting of representatives of specified Union ministries and departments.
• Reasonable efforts must ordinarily be made to identify the originator or intermediary and provide an opportunity to appear and submit a reply.
• The committee examines whether blocking is justified under the grounds contained in Section 69A and makes its recommendation.
• The recommendation is submitted to the Secretary of the Union electronics and information-technology department for approval.
• The final blocking direction must record reasons in writing.
• Where a competent court orders blocking, the Designated Officer processes the order in accordance with the separate procedure provided by the Rules.

Emergency procedure and safeguards

The Rules allow temporary blocking without a prior hearing in an emergency, but subject it to prompt institutional review.

• In an emergency, the Secretary may issue an interim blocking direction after examining the Designated Officer's recommendation.
• The request must be placed before the committee within forty-eight hours for consideration under the regular process.
• If final approval is not granted, the interim blocking direction must be revoked and access restored.
• A Review Committee periodically examines blocking directions and may order unblocking where a direction does not conform to Section 69A.
• The Rules require confidentiality regarding blocking requests, complaints and action taken.
• An intermediary that knowingly fails to comply with a lawful direction may face imprisonment for up to seven years and a fine.

Constitutional and judicial position

Because blocking restricts access to and dissemination of information, it engages the freedom of speech and expression under Article 19(1)(a), subject to the reasonable restrictions permitted by Article 19(2).

• In Shreya Singhal v. Union of India (2015), the Supreme Court upheld Section 69A and the 2009 Rules.
• The Court relied on features such as the limited statutory grounds, written reasons, committee scrutiny, opportunity of hearing under the ordinary process and review arrangements.
• Blocking orders remain open to judicial review, including through proceedings under Article 226 of the Constitution.

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