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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

An intermediary hosting a platform receives a written order from an authorised officer of the Central Government, recorded with reasons, directing it to block public access to certain information in the interest of public order. The intermediary refuses to comply. Which statement is correct under Section 69A?

The intermediary is punishable with imprisonment up to seven years and is also liable to fine under Section 69A(3). The blocking direction, issued for recorded reasons in interests such as public order, can be addressed to intermediaries. The twenty-five lakh penalty relates to Section 72A, not blocking.

  1. AThe intermediary is liable only to a penalty of twenty-five lakh rupees
  2. BThe intermediary is punishable with imprisonment up to seven years and is also liable to fineCorrect
  3. CThe intermediary is punishable with imprisonment up to three years only, without fine
  4. DThe refusal is not punishable, since blocking powers extend only to Government agencies and not to intermediaries

Explanation

Section 69A(1) lets the Central Government or its specially authorised officers, for recorded reasons and in interests such as public order, direct any Government agency or intermediary to block information. Under 69A(3), an intermediary failing to comply is punished with imprisonment up to seven years and is also liable to fine. The twenty-five lakh penalty is the Section 72A consequence, so it is wrong here.

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