Why Delhi HC's upholding of Telegram block has larger implications beyond information itself
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500+ questions on Polity with explanations
๐ Summary:
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The Delhi High Court upheld the Centre's block on Telegram (until June 22) โ the first ruling that an app's software/architecture, not just its content, counts as "information" the government can block under Section 69A of the IT Act, 2000
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Trigger: the NEET-UG re-examination (after the May 3 exam was cancelled over a paper leak); MeitY's June 16 order blocked the app nationwide and disabled message-editing until June 30
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Legal basis: Section 69A allows blocking "information" where "necessary or expedient" on grounds including public order; Section 2(1)(v) defines information to include data, codes, computer programmes, software and databases
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Procedure: under the IT Blocking Rules, 2009, an emergency interim order (Rule 9) can precede a hearing, with confirmation by a Rule 7 committee; NTA had flagged misuse on May 21, MeitY sent 1,300 URLs (Telegram disabled ~900), block confirmed June 18
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Court reasoning: Justice Tejas Karia held the definition is "wide enough to cover an app's architecture"; applied the four-part proportionality test from Anuradha Bhasin v. Union of India (2020), finding the short-duration block the "least restrictive measure"
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Concern raised: experts (Esya Centre's Meghna Bal) warn courts should consult independent technology experts rather than rely solely on the State's word in tech-heavy determinations
๐ฏ UPSC Relevance: GS2/GS3 โ IT Act Section 69A, proportionality doctrine, free speech vs public order, and judicial review of executive blocking powers
๐ Prelims Facts:
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Section 69A, IT Act 2000 โ government power to block access to information
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IT (Procedure and Safeguards for Blocking) Rules, 2009 โ Rule 7 (committee), Rule 8 (hearing), Rule 9 (emergency interim order)
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Anuradha Bhasin v. Union of India (2020) laid down the four-part proportionality test
๐ Key Term: Proportionality test โ judicial standard requiring that a rights-restricting measure be legitimate, suitable, necessary (least restrictive) and balanced
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