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(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...

(1) Setting up due diligence provisions to be observed by intermediaries while discharging their duties, including the publications of rules and regulations, privacy policy and user agreement for access-or usage of the intermediary's computer resources. (2) Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 lays down the due diligence standard that needs to be observed by the intermediary. The rules require the intermediaries publish rules and regulations, privacy policies and user agreement. These published terms and conditions or user agreement shall forbid the user from publishing any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging...

(1) The protection provided to intermediaries under Section 79 of the Information Technology Act (see below) is not available for offences under the Copyright Act of 1957 as amended by the Copyright (Amendment) Act of 2012. (2) The Copyright Act was amended by the Copyright Amendment Act of 2012 and contains some provisions affecting the intermediaries. Section 52(b) of the act provides that transient or incidental storage of a work made in the technical process of electronic transmission or communication to the public shall not constitute copyright infringement. Further, Section 52(c) stipulates that transient and incidental storage of a work for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, shall not...

Summoned executives from Google, Facebook, Twitter and other companies to remove objectionable content from their website within the prescribed time period failing to which may result into blocking of the websites in India and the executives facing trial for criminal conspiracy. The case centred on a petition filed by a journalist named Vinay Rai, who referred to obscene depictions online of Jesus Christ, the Prophet Mohammed, and various Hindu deities. Charges against the intermediaries included "promoting enmity between groups" and "deliberate malicious acts intended to outrage."

(1) In response to public protests and agitations, the State of Gujarat, India blocked Internet access through mobile phones for a week pursuant to Section 144 of the Code of Criminal Procedure. (2) Petitioner Gaurav Sureshbhai Vyas brought the present public interest litigation before the High Court of Gujarat, seeking to declare that the state lacked authority to block Internet access under Section 144 and argued that such blockage violates Articles 14, 19, and 21 of the Constitution. (3) The High Court of Gujarat held that the temporary ban on Internet through mobile phone services was permissible though the invocation of Section 144 as the state government had sufficient justification to prevent public disturbance and maintain public order. The Court further noted that a ban on Internet access may not be considered...

Peoples' Union for Civil Liberties has filed a writ petition in the Supreme Court of India arguing that Section 66A of the Information Technology Act, 2000, the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 and the Information Technology (Intermediaries guidelines) Rules, 2011 are in violation of Articles 14, 19 and 21 of the Indian Constitution.