Ban on Chinese apps: IT Act provides govt with emergency powers to hold enquiry after ban

The government has emergency powers under Section 69A of the Information Technology Act to block any content where it is satisfied that it is against the country’s sovereignty, integrity, and defence, and in such cases the law does not require it serving any prior notice to the concerned content providers before ordering a ban.

The issue came to light after the government on Monday evening issued an order banning 59 Chinese apps under this section of the IT Act. Questions were raised by some Internet activist groups that the action was illegal as the government should have first served a notice on these companies and given them a chance to provide their version on the allegations levelled. Internet Freedom Foundation in a statement said, “The Blocking Rules, 2009 specifically provide for a defined process of notice, hearing and a reasoned order. These processes emerge from the Shreya Singhal judgment and apply to all grounds for blocking, including those premised on national security.”

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