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The Blocking of Vikatan
Context
Tamil media platform Ananda Vikatan discovered that its website was blocked by multiple internet service providers (ISPs). The Government gave no prior notice or official order for this action.
- Later, the Ministry of Information & Broadcasting (MIB) confirmed that the website was blocked under IT Rules, 2021, citing a cartoon published by Vikatan. The cartoon satirized a deportation controversy involving Indian migrants in the U.S. The Government claimed it threatened India's sovereignty and friendly relations with foreign nations.
Fundamental Rights Violated
- Article 19(1)(a) - Freedom of Speech & Expression: Unjustified blocking of news media curtails press freedom.
- Article 19(1)(g) - Right to Practice Any Profession: Blocking an entire website affects the business and economic rights of the media organization.
- Article 14 - Right to Equality: Selective and arbitrary blocking raises concerns of discriminatory enforcement.
- Article 21 - Right to Life & Personal Liberty: Includes right to information, which is impacted when access to legitimate content is restricted.
Freedom of Speech vs Restrictions
- Freedom of Speech (Article 19(1)(a)) is not absolute and can be restricted under Article 19(2) for:
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- Sovereignty & integrity of India
- Security of the state
- Friendly relations with foreign states
- Public order, decency, or morality
- Contempt of court, defamation, incitement to an offense
- Issue in this case: The Government failed to demonstrate a direct and immediate threat, and the blanket website ban was excessive.
Present Legal Provisions for Website Blocking
- Section 69A of IT Act, 2000 allows the Government to block content in the interest of sovereignty, security, public order, or foreign relations.
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- However, the government must follow due process, including prior notice and opportunity to be heard unless in an emergency.
- IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 sets up a three-tier regulation mechanism for digital content. It empowers the Inter-Departmental Committee to recommend content blocking.
- Shreya Singhal v. Union of India (2015):
- Supreme Court upheld Section 69A but stressed blocking orders must be transparent and justified.
- Secretive blocking without proper notice violates due process.
Why Is This Important?
- Press freedom and digital rights: The case raises concerns about government censorship and lack of transparency in website blocking.
- Legal precedent: The ruling strengthens arguments against overbroad online censorship and upholds due process in content moderation.
- Ongoing fight for free speech: Vikatan’s case highlights the growing legal battles against digital censorship in India.
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