Context:
The government’s move to temporarily block Telegram under Section 69A of the IT Act has raised concerns over cybercrime, exam paper leaks, and platform misuse. Telegram has challenged the order, arguing that platform-wide blocking affects millions of legitimate users.
Explanation:
- Section 69A of the IT Act, 2000 allows the Central Government to block online information in the interest of sovereignty, security, public order, and prevention of cognizable offences.
- Blocking orders are issued under the Blocking Rules, 2009, which provide procedural safeguards and review mechanisms.
- Telegram is not the Dark Web, but the government compared its misuse by criminals to a “new dark web”.
- The Dark Web is an encrypted and hidden part of the internet accessed through special software like Tor, where identities and locations are concealed.
- The Dark Web is not illegal by itself, but it is often misused for cybercrime, illegal trade, data theft, hacking services, and drug trafficking.
- Intermediaries like Telegram host or transmit third-party content and are regulated under the IT Act.
- Section 79 gives intermediaries “safe harbour” protection if they follow due diligence and obey lawful directions.
- In Shreya Singhal v. Union of India, the Supreme Court upheld Section 69A due to its procedural safeguards.
- The issue involves balancing cybersecurity and public order with Article 19(1)(a) freedom of speech and Article 19(1)(g) freedom of trade/profession
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