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On May 1st, 2023, a number of news organisations reported that the Central Government had blocked 14 mobile messaging applications on the ground that they were being used by bad actors in the Jammu and Kashmir region for communication, etc.
A writ petition has been recently moved before the Kerala High Court by SFLC.in, challenging the order passed by the Central Government under Section 69A of the Information Technology Act, 2000, restraining free and open source software.
SFLC.in is a donor-supported legal services organization that strives to protect freedom in digital world through education, research, policy engagement and free legal services.
In the plea, notice was issued by the court on Tuesday to the Deputy Solicitor General of India.
The petition has been filed to produce the order banning these applications and staying the operation and implementation of the same. It also challenges Rule 16 of the Blocking Rules, 2009. Improved interoperability, lower costs, vendor independence and growth of the IT sector in India were cited as advantages of such software by SFLC.in in its petition.
On May 1st, 2023, a number of news organisations reported that the Central Government had blocked 14 mobile messaging applications on the ground that they were being used by bad actors in the Jammu and Kashmir region for communication, etc. Two frequently used FOSS applications, Briar and Element, utilised by software engineers, technologists, entrepreneurs and other professionals, were prohibited invoking provisions of the IT Act, 2000 and the Blocking Rules of 2009.
The petition mentions that the order by the Central Government imposes unreasonable restrictions on freedoms of speech and expression and the conduct of business that are granted by the Constitution of India. It is further stated that the order has not been made public, which is a grave violation of the Principles of Natural Justice as the petitioners had not been given any notice or opportunity to be heard, as required by the Blocking Regulations, 2009.
The matter is listed next for hearing on May 29, 2023.
[Section 69 of the IT Act confers powers upon the centre and the state government, to issue orders blocking content on Internet Service Providers (ISPs), Telecom providers, web hosting services, search engines, online marketplaces and other intermediaries, if the information or such content is deemed to be a threat to India’s national security, sovereignty, or public order]
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