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UPSC Dictionary

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The SC/ST Prevention of Atrocities Act (1989) was strengthened in 2018 after the Supreme Court's dilution was reversed by Parliament.

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UPSC Dictionary

[Blocking Rules, 2009]

The Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 is a set of Rules (secondary legislation) that prescribes the detailed procedure for the Central Government to block public access to online information in India. These Rules were enacted in 2009 under the powers conferred by Section 87(2)(z) read with Section 69A of the Information Technology Act, 2000. The Rules were created to provide a structured, legal mechanism for the government to exercise its power under Section 69A(1) to restrict content, thereby solving the problem of arbitrary or unprocedural blocking.

The mechanism is initiated when a Nodal Officer of a government organisation or a competent court sends a request to the Designated Officer, who must be an officer not below the rank of a Joint Secretary. The Designated Officer then refers the request to a committee for examination. Blocking can only be directed for reasons specified in Section 69A(1), which include the interest of the sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States, or public order. The final direction to block the information, which is generated, transmitted, received, stored, or hosted in any computer resource, is issued to the government agency or intermediary after approval from the Secretary, Department of Information Technology (now MEITY). Rule 9 provides a procedure for issuing interim blocking directions in cases of emergency. Intermediaries who fail to comply with a blocking direction face criminal penalties, including imprisonment up to seven years and a fine, as per Section 69A(3).

The Rules are closely connected to Section 69A of the IT Act, whose constitutional validity was upheld by the Supreme Court in the landmark judgment of Shreya Singhal v. Union of India (2015). The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 created a parallel mechanism for content removal under Section 79 of the IT Act, but the 2009 Rules remain in force for blocking under Section 69A. The 2021 Rules did, however, shift the authority for emergency blocking under Part III for digital media from the Secretary, MEITY to the Secretary, Ministry of Information and Broadcasting. Rule 16 of the 2009 Rules, which mandates strict confidentiality regarding all blocking requests and actions, has been a point of contention, with critics arguing it violates principles of natural justice.

References

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  • indiacode.nic.in
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  • lawschoolpolicyreview.com
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  • meity.gov.in
  • pib.gov.in