Anup Mandal Ki Apradhik Karyavahi Ke Viruddh Rajy Sarkar Dwara Jari Adhisuchnaye

SR No.: 006170
Original Sutra Author: N/A
Author: Bharatiya Sanskruti Samanvay Samsthan Jodhpur
Publisher: Bharatiya Sanskruti Samanvay Samsthan Jodhpur
Publication Year: 2015
Total Pages: 122
Language: Hindi
Classification: Book_Devnagari
File Size: 14 MB

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The Information Technology Act 2000
'BLOCKING OF WEBSITES' MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY
(Department of Information Technology) ORDER
New Delhi, 7th July, 2003
Subject: Procedure for Blocking of Websites As per the Gazette Notification (Extraordinary) No. G.S.R. 18(E), dated 27th February, 2003, published in Part II, Section 3, Sub-section (i), Indian Computer Emergency Response Team (CERT-In) has been designated as the single authority for issuing of instructions in the context of blocking of websites. CERT-In has to instruct the Department of Telecommunications to block the website after, (1) verifying the authenticity of the complaint
satisfying that action of blocking of website is absolutely essential. II. The blocking of website may be the need of several agencies engaged in different walks of public and administrative lives due to a variety of reasons. Explicit provision for blocking of the website in the IT Act, 2000 is available only in Section 67, relating to pornographic content on the website. In addition, Section 69 empowers the Controller of Certifying Authorities to intercept and information transmitted through any computer resource in relation only to the following five purposes:
(1) Interest of the sovereignty or integrity of India, (ii The security of the State, (ii) Friendly relations with foreign States, or (iv) Public order, or (v) For preventing incitement to the commission of any cognizable offence.
III. As already noted there is no explicit provision in the IT Act, 2000 for blocking of websites. In fact, blocking is taken to amount to censorship. Such blocking can be challenged ifit amounts to restriction of freedom of speech and expression. But websites promoting hate content, slander or defamation of others, promoting gambling, promoting racism, violence and terrorism and other such material, in addition promoting pornography, including child pornography, and violent sex can reasonably be blocked since all such websites may not claim constitutional right of free speech. Blocking of such websites may be equated to 'balanced flow of information' and not censorship.
IV. The websites promoting the above mentioned types of content, not covered under the Freedom of Speech may need to be blocked under the inherent powers of the Government, "to the extent of executive authority read with legal powers of the Central Government and Controller under various provisions of various laws".
V. The detailed procedure for submitting a complaint to the Director, CERT-In for
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