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Blog Entry The Legal Validity of Internet Bans: Part I
by Geetha Hariharan and Padmini Baruah — published Oct 08, 2015 — last modified Oct 08, 2015 11:18 AM — filed under: , , , , , ,
In recent months, there has been a spree of bans on access to Internet services in Indian states, for different reasons. The State governments have relied on Section 144, Code of Criminal Procedure 1973 to institute such bans. Despite a legal challenge, the Gujarat High Court found no infirmity in this exercise of power in a recent order. We argue that it is Section 69A of the Information Technology Act 2000, and the Website Blocking Rules, which set out the legal provision and procedure empowering the State to block access to the Internet (if at all it is necessary), and not Section 144, CrPC.
Located in Internet Governance / Blog
Blog Entry The Legal Validity of Internet Bans: Part II
by Geetha Hariharan and Padmini Baruah — published Oct 08, 2015 — filed under: , , , , , ,
In recent months, there has been a spree of bans on access to Internet services in Indian states, for different reasons. The State governments have relied on Section 144, Code of Criminal Procedure 1973 to institute such bans. Despite a legal challenge, the Gujarat High Court found no infirmity in this exercise of power in a recent order. We argue that it is Section 69A of the Information Technology Act 2000, and the Website Blocking Rules, which set out the legal provision and procedure empowering the State to block access to the Internet (if at all it is necessary), and not Section 144, CrPC.
Located in Internet Governance / Blog
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