Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (to be read with section 69A of the IT Act)

Document type
Regulation
Country
(1) If the Government is of the view that it is necessary to block certain information 'generated, transmitted, received or stored in any computer resource' it can direct the intermediaries to block access to such content. However, such blocking can only be ordered if it meets certain criteria have to be met which are laid down in clause (1) of section 69A. The section also mandated that the reasons for the blocking must be recorded in writing. Additionally, the section carries criminal penalties and intermediaries can be punished with an imprisonment for a term which may extend to seven years and are also liable to fine if do not comply with the requests.
(2) The detailed procedure for blocking access to any such information has been laid down in the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. Under the said rules, only ministries and agencies of the Central Government or any of the State or a Union Territory can ask for blocking access to the information. No individual can directly request for blocking of access to any content.
(3) All the requests received for blocking are examined by a committee consisting of the designated officer and representatives from the ministries of Law and Justice, Home Affairs and Information and Broadcasting and the Indian Computer Emergency Response Team (CERT-In) within seven days. The committee examines the request and determines whether it is covered under the grounds mentioned in Section 69A and provides recommendations. The recommendations are presented to the Secretary, Department of Technology who decides whether the information should be blocked or not. Rule 9 lays down the procedure for blocking in case of an emergency in which a decision needs to be taken without any delay.
Country
Year
2009
Topic, claim, or defense
General or Non-Specified
Document type
Regulation
Issuing entity
Executive Branch
Type of service provider
General or Non-Specified
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General intermediary liability model
Other