The Centre’s move to block Telegram has once again drawn attention to Section 69A of the Information Technology Act, 2000, a provision that gives the government the power to direct intermediaries to block access to online information under specified circumstances.

The temporary ban on the platform, which was initially misused for the medical entrance examination paper leak and misinformation campaigns, was aimed at curbing another paper leak during the NEET-UG retest. Telegram has approached the Delhi High Court challenging the ban, which is set to last till June 22, and the judgment has been reserved.

Section 69A of the IT Act authorises the Union government to block public access to any information via any computer resource, including applications and websites, if it is satisfied that such blocking is necessary “in the interest of India’s sovereignty and integrity, defence of India, security of the state, friendly relations with foreign states, public order, or for preventing incitement to the commission of any cognizable offence.” It can be applied to any content generated, transmitted, received, stored, or hosted on a computer source.

Interferes with freedom of speech

But the restriction may interfere with Article 19(1)(a) of the Constitution, which protects freedom of speech and expression. Therefore, the orders under Section 69A must be issued with the procedural safeguards established by the Information Technology (Procedure and Safeguards for Blocking Access to Information by the Public) Rules, 2009.

In Anuradha Bhasin v Union of India, the Supreme Court examined the validity of the indefinite blanket ban on internet services in the erstwhile State of Jammu and Kashmir, and the court held that freedom of speech and expression, as well as freedom to practice any profession or carry on any trade, business, or occupation over the internet, are protected by Articles 19(1)(a) and 19(1)(g). The court also concluded that orders restricting internet access must meet the proportionality test: they must be required, use the least restrictive measures available, and be open to judicial review.

Hits livelihoods of Telegram users

Article 19(1)(g) provides the right to practice any profession or to engage in any occupation, trade, or business. A ban of a platform that has about 150 million users in India will disrupt many creators, educators, and entrepreneurs running broadcast groups, and prevent them from maintaining communication with their subscribers. It thus directly limits one’s ability to earn a living.

Section 79 of the IT Act also establishes the intermediary safe harbour provision, which means platforms are not liable for third-party content if they exercise due diligence, follow the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and act quickly upon receiving actual knowledge of illegal content.