Blocking Public Access to Information

In one line

Section 69A lets the Central Government order information blocked from public access on the article 19(2) grounds alone, the 2009 Rules give the originator and the intermediary a hearing before a five-member committee, and Shreya Singhal upheld both because of exactly those two features.

The section

Section 69A(1), inserted by the Amendment Act of 2008:

Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.

Three differences from section 69, and each is examinable.

Central Government only. A State cannot block. Under section 69 a State Home Secretary can order interception within the State.

Six grounds, and no seventh. There is no "or for investigation of any offence". The six are the article 19(2) grounds, minus contempt of court, defamation and decency or morality. That omission is what makes the section narrow, and it is the first thing the Supreme Court noticed.

And the object is public access, not content. Blocking stops the public reading; it does not delete, and it does not touch the originator's own copy.

Sub-section (2): procedure and safeguards as prescribed. Sub-section (3): an intermediary that fails to comply is punishable with imprisonment up to seven years and also fine. Note that only the intermediary is punished, not the originator.

The Rules of 2009

Formally the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, notified as G.S.R. 781(E) under section 87(2)(z) read with section 69A(2). Sixteen rules and a Form.

Rule 1, short title and commencement. The Rules came into force on the date of their publication in the Official Gazette, 27 October 2009, the same day as the interception Rules and the traffic data Rules.

Rule 2, the definitions, and three of them decide how the machinery runs. A Designated Officer is the officer designated under rule 3. A nodal officer is the officer designated under rule 4. An organisation is a Union Ministry or Department, a State Government or Union territory, or a Central agency notified in the Gazette, and a request means a request for blocking access by the public. The Review Committee is again the committee constituted under rule 419A of the Indian Telegraph Rules, 1951, borrowed here as it is in the interception Rules.