BGMI Ban: What is Section 69A of IT Act?

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BGMI is officially banned by Indian government under the Section 69(A) of the IT Act. TalkEsport was the news-bearer and first one to report the banishment of BGMI in the country. Here is the information about Section 69(A) of IT Act that was cited at the time of this ban.

A report by Reuters suggested that  Indian Ministry of Electronics & Information Technology (MeitY) issued orders under Section 69 (A) of the Information Technology Act, 2000 to take down BGMI.

WHAT IS SECTION 69(A) IT ACT?

  • It confers on the Central and State governments the power to issue directions “to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource”.
  • The grounds on which these powers may be exercised are:
    • In the interest of the sovereignty or integrity of India, defence of India, the security of the state.
    • Friendly relations with foreign states.
    • Public order, or for preventing incitement to the commission of any cognizable offence relating to these.
    • For investigating any offence.

The law reads:

69A. Power to issue directions for blocking for public access of any information through any computer resource

(1) Where the Central Government or any of its officer specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.

(2) The procedure and safeguards subject to which such blocking for access by the public may be carried out; shall be such as may be prescribed.

(3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven year and also be liable to fine.

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