Apar GuptaThe petitioner sought a court order to publish and revoke the order blocking its messaging app, Briar, under Section 69A of the IT Act, 2000. Briar, a FOSS app crucial for communication during emergencies, was blocked in Jammu and Kashmir due to national security concerns. The court upheld the block, emphasizing that national security outweighs natural justice principles, and confidentiality is required. The petitioner’s claims of procedural lapses were dismissed, and the writ petition was denied.
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But what about Section 69A?
As your social media timeline is flooded with news of a pathbreaking verdict by the Supreme Court of India on freedom of speech, there is reason to pause. While holding that Section 66A of the Information Technology (Amendment) Act, 2008, is unconstitutional and laying down guidelines for online takedowns under the intermediary rules, the court, in Shreya Singhal vs Union of India, has upheld Section 69A and the blocking rules framed under it.