Information Technology Act Section 69A — Power to issue directions for blocking for public access of any information through any computer resource
CHAPTER XI OFFENCES
Cyber Law
Summary
Sub-section (1) allows the Central Government, or an officer specially authorised by it, to order any government agency or intermediary to block public access to any information that is generated, transmitted, received, stored, or hosted in any computer resource. This power can be used only when the Government is satisfied that it is necessary or expedient in the interest of India's sovereignty and integrity, defence of India, security of the State, friendly relations with foreign States, or public order, or for preventing incitement to commit a cognizable offence relating to these matters. The order must be in writing, record the reasons for the decision, and is subject to the procedure and safeguards mentioned in sub-section (2).
Sub-section (2) states that the procedure and safeguards for carrying out such blocking of public access will be as prescribed, meaning as set out in rules or regulations made under the Act.
Sub-section (3) provides that an intermediary who fails to comply with a direction issued under sub-section (1) will be punished with imprisonment for a term that may extend to seven years, and will also be liable to a fine.
Official Text
(1) Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.
(2) The procedure and safeguards subject to which such blocking for access by the public may be carried out, shall be such as may be prescribed.
(3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.