Page 57 - Banking Finance March 2023

FEATURES

Centre blocks 200 online platforms

under Section 69(A) of IT Act: What is

the provision, the debate around it

he Ministry of Electronics and Information What is Section 69 of the IT Act?
T Technology (MeitY) recently issued orders to Section 69 of the IT Act allows the government to issue

block 138 online betting platforms and 94 money
content-blocking orders to online intermediaries such as
lending apps on an "urgent" and "emergency"
Internet Service Providers (ISPs), telecom service providers,
basis under Section 69(A) of the Information Technology Act,
web hosting services, search engines, online marketplaces,
2000.
etc. However, the Section requires the information or
content being blocked to be deemed a threat to India's
The decision was based on a recommendation of the
national security, sovereignty, or public order.
Ministry of Home Affairs (MHA), which had received inputs
from central intelligence agencies that some of the sites and
If the Centre or state government are satisfied that blocking
apps were allegedly linked to China and contained "material
the content is "necessary" and "expedient" on grounds of
prejudicial to the sovereignty and integrity of India".
"sovereignty or integrity of India, defence of India, security
of the State, friendly relations with foreign States or public
What is the danger posed by lending order or for preventing incitement to the commission of any
apps? cognizable offence relating to above or for investigation of
any offence," it may, for reasons to be recorded in writing,
Over the past three years, several police complaints have
direct any agency "to intercept, monitor or decrypt or cause
been received of extortion and harassment from people who
to be intercepted or monitored or decrypted any information
borrowed small amounts through such money-lending apps,
generated, transmitted, received or stored in any computer
often at exorbitantly high interest rates.
resource," the law says.
In December 2020, DNM Santosh Kumar, a native of
Visakhapatnam, died by suicide allegedly after facing What is the procedure to block such
harassment by lending apps. Similarly, the Cyber Police apps?
Station of Pune received 699 complaints of loan app crimes
Since 2009, the MeitY has possessed blocking powers similar
in 2020. The number increased to 928 in 2021. As many as
to those of the Ministry of Information & Broadcasting.
3,151 complaints were filed against the loan app operatives
Although MeitY derives these powers from the IT Act, it is the
till August 2022.
Information Technology (Procedure and Safeguards for Blocking
for Access of Information by Public) Rules, 2009 or the IT Rules,
Following this, the MHA started investigating Chinese loan-
2009, which explain the process to issue such orders. The IT
lending apps and found out that while only 94 are available
Rules include provisions such as review committees, the
on e-stores, others are operating through third-party links
opportunity for a fair hearing, strict confidentiality, and
or websites.
maintenance of records by designated officers.
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