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Mar 31, 2025

ETtech Explainer: Differentiating section 69A & 79 amid X row SECTIONS By Rate Story Synopsis The Union government has reportedly submitted that this mechanism complements rather than “eviscerates” the Section 69A blocking process. It has reportedly called X’s conflation of these processes an attempt to evade intermediary obligations while retaining protection from liability for third-party content. ETtech Sections 69A and 79 of the Information Technology (IT) Act have been in the limelight ever since Elon Musk-owned X Corp. (formerly Twitter) sued the Indian government in the Karnataka High Court seeking a declaration that Section 79(3)(b) of the IT Act does not authorise the Union government to issue information blocking orders , which are governed by section 69A of the Act. The Union government has reportedly submitted that this mechanism complements rather than “eviscerates” the Section 69A blocking process. It has reportedly called X’s conflation of these processes an attempt to evade intermediary obligations while retaining protection from liability for third-party content. What are sections 69A and 79 of the IT Act? An explainer: Q. What is the core distinction between Section 69A and Section 79 of the IT Act? At its heart, the primary distinction between the two sections lies in their respective functions and purposes. Section 69A empowers the government to issue directives for blocking access to information, but this authority is subject to prescribed procedures and safeguards. In contrast, Section 79 is an exemption provision, offering a ‘safe harbour’ to intermediaries from liability for third-party information under specific conditions. Live Events Q. What does Section 69A of the IT Act entail? Section 69A of the IT Act is the provision that grants the government the authority to block access to information. However, this power is not absolute and can be exercised only under specific circumstances and by adhering to the procedures and safeguards detailed in the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 ( Blocking Rules ). Discover the stories of your interest The safeguards and procedures under Section 69A, as outlined in the Blocking Rules, include several key provisions: * The reasons for issuing blocking orders must be recorded in writing. * There must be pre-decisional hearings where the intermediary and the affected user have the opportunity to participate. * Post-decisional reviews of information blocking directions. These safeguards are crucial to ensure the power to block information is not used arbitrarily. Q. What is the role of Section 79 of the IT Act? Section 79 of the IT Act, on the other hand, is fundamentally an exemption provision. It provides a ‘safe harbour’ for intermediaries, protecting them from liability for third-party content under certain conditions. The Supreme Court of India has clarified this aspect of Section 79, affirming that it’s an exemption provision. Q. What are the contentions regarding the misuse of these sections? The crux of the contention lies in the allegation that the government is misusing Section 79(3)(b) to issue information blocking orders. The petitioner, X Corp, argued that this misuse circumvents the essential safeguards and procedures mandated under Section 69A and the Blocking Rules. It argued that this contravenes the Supreme Court's interpretation of these sections and could lead to arbitrary censorship. The concern is that using Section 79(3)(b) in this manner could negate the necessity of complying with Section 69A, thereby undermining the established legal framework for information blocking. Read More News on