by
Geetha Hariharan and Padmini Baruah
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published
Oct 08, 2015
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last modified
Oct 08, 2015 11:18 AM
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filed under:
Social Media,
Freedom of Speech and Expression,
Internet Access,
69A,
Section 144,
Article 19(1)(a),
Blocking
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.
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