Sections 69A and 79 of the Information Technology (IT) Act

Sections 69A and 79 of the IT Act have gained attention following a lawsuit by Elon Musk-owned X Corp (formerly Twitter) against the Indian government, challenging the use of these sections in the Karnataka High Court.

Core Distinction between Section 69A and Section 79

• Section 69A: Empowers the government to block access to information. This authority is subject to specific procedures and safeguards.
• Section 79: Serves as an exemption provision, providing a ‘safe harbour’ for intermediaries, shielding them from liability for third-party content under certain conditions.

Details of Section 69A of the IT Act

Section 69A grants the government the authority to block access to information. This power is conditional and regulated by the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (Blocking Rules).

Safeguards and Procedures under Section 69A

• The reasons for issuing blocking orders must be documented in writing.
• Pre-decisional hearings must be held where intermediaries and affected users can participate.
• There must be post-decisional reviews of blocking directions.

These safeguards ensure the non-arbitrary use of information blocking powers.

Role of Section 79 of the IT Act

Section 79 provides intermediaries with protection from liability for third-party content, under specific conditions. The Supreme Court has affirmed it as an exemption provision.

Contentions Regarding Misuse of Sections

The main contention is that the government is allegedly misusing Section 79(3)(b) to issue information blocking orders, bypassing the safeguards of Section 69A and the Blocking Rules. X Corp contends this circumvents required procedures.