Section 69A IT Act blocking power
Also called: Section 69A, Website blocking power · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
Section 69A of the Information Technology Act, 2000 lets the Central Government order that online content be blocked, so the public cannot see it. The order can go to a government agency or to an intermediary, which is a platform or service that carries other people's content. The government can use this power only on grounds set out in the section: the sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign states, public order, or stopping incitement to an offence linked to these. These grounds closely follow the reasonable restrictions on free speech in Article 19(2), which are limits that the Constitution itself allows. Since blocking cuts off speech directly, this section is one of the State's strongest tools over the internet.
Example
In the Shreya Singhal case (2015), the Supreme Court struck down Section 66A of the IT Act for being vague and too broad. In the same judgment, it upheld blocking under Section 69A. The Court said Section 69A was narrowly drawn and came with safeguards, such as reasons that must be recorded in writing.
Don't confuse with
- Section 66A of the IT Act: this made it a crime to send "offensive" online messages, and it was struck down in 2015. Section 69A does not punish anyone. It only lets the government block content, and it is still valid.
- Section 79 of the IT Act (safe harbour): this protects a platform from legal liability for what its users post, as long as the platform follows the rules. Section 69A is the government's power to order content to be blocked.