fighting against a ban on website ??
Adv. Virendra
(Querist) 24 February 2010
This query is : Resolved
If a website is banned U/s 69 A or 67 of the information Technology Act.
What remedies can the website has to lift the ban ?
1. To approach the Cyber Appellate tribunal OR
2. High Court ?
This is a new an interesting field !
Sanjeev Panda
(Expert) 24 February 2010
The banning of the website under Section 69A read with the Information Technology (Procedures and safeguards for Blocking of Access of Information by Public) Rules 2009 in a way restricts the right to freedom of speech and expression guranteed under Article 19 (1) (a) of the Constitution of India. So any one aggreived by the order of the designated government authority as per Section 69 (1) of the IT Act can file writ petition in the High Court.
Sanjeev Panda
(Expert) 25 February 2010
Furth the Government by invoking its power u/s 69 A IT Act read with the Information Technology (Procedures and safeguards for Blocking of Access of Information by Public) Rules 2009 cannot ban the porn website. as the conditions subject to which the banning order can be passed are mentioned under Subsection (1) of the Section 69A IT Act. The conditions are (i) in the interest of sovereignty and integrity of India, (ii) defense of India, (iii) security of the State, (iv) friendly relations with foreign States or public order or (v) for preventing incitement to the commission of any cognizable offence relating to the above. As the porn website does not fall into any of the aforesaid categories, the government cannot block the porn website. However, the same can be blocked by the order of the court. Also the Rule 5 of the Information Technology (Procedures and safeguards for Blocking of Access of Information by Public) Rules 2009 provides that the designated officer can act on the direction of the competent court.
