📜 Overview of Blocking Rules 2009
The IT (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 prescribe detailed procedure under Section 69A(2). These rules establish a multi-layered process with built-in safeguards.
📜 Full Title
Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 — Notified under G.S.R. 781(E) dated October 27, 2009
👥 Key Stakeholders (Rules 3-4)
📌
Nodal Officer (Rule 4)
Every organization designates one officer
- Receives external blocking requests
- Examines if request meets S.69A grounds
- Forwards valid requests to DO
- Name published on organization website
⚙️
Designated Officer (Rule 3)
Notified by Central Government (Joint Secretary rank)
- Currently: Director, NCCC under CERT-In
- Chairs Committee for Examination
- Issues blocking directions
- Submits to Secretary MeitY for approval
🔍
Committee for Examination (Rule 7)
Examines and recommends blocking
- Chaired by Designated Officer
- Representatives from Law, Home, I&B
- CERT-In representative
- Examines requests, hears parties
⚖️
Review Committee (Rule 14)
Reviews blocking orders periodically
- Chaired by Secretary MeitY
- Secretary Law & Justice
- Secretary Home Affairs
- Meets every 2 months minimum
📝 Standard Blocking Procedure (Rules 5-9)
1
Request Generation
Nodal Officer of any organization OR any person sends blocking request to Nodal Officer. Must specify grounds under S.69A(1).
Rule 5 & 6
2
Nodal Officer Examination
NO examines if request meets S.69A requirements. If valid, forwards to Designated Officer. External requests need State Chief Secretary approval.
Rule 6
3
Committee Examination
DO places request before Committee for Examination and Recommendation. Committee examines all aspects.
Rule 7
4
Notice to Originator
DO tries to identify originator/intermediary hosting content. If identified, issues notice for representation before Committee.
Rule 8(1)
5
Hearing & Recommendation
Committee hears originator (if appears), examines material, and makes recommendation to DO with recorded reasons.
Rule 8(2)-(5)
6
Submission to Secretary
DO submits recommendation to Secretary MeitY for approval. Secretary may approve, modify, or reject.
Rule 8(6)
7
Blocking Direction
Upon approval, DO directs intermediary/agency to block. Intermediary must acknowledge within 2 hours and comply.
Rule 8(7) & 13
⏱️ Timelines Under the Rules
2 Hours
Intermediary must acknowledge receipt of blocking direction
7 Working Days
Maximum time to decide on blocking request (Rule 11)
48 Hours
Emergency blocking must be placed before Committee for post-facto review
2 Months
Review Committee must meet at least once
🚨 Emergency Blocking Procedure (Rule 9)
In cases where blocking is immediately necessary and delay would be detrimental, an expedited process applies:
📜 Rule 9 — Emergency Procedure
Where the Designated Officer is satisfied that it is necessary or expedient in the interest of sovereignty and integrity of India, defence of India, security of the State, public order, or for preventing incitement to commission of any cognizable offence, and the circumstances are such that it is not possible to give opportunity of hearing, the Secretary may direct blocking without going through full Committee process.
Emergency Process:
- Immediate Direction: Secretary MeitY directs blocking directly
- Post-facto Review: Matter placed before Committee within 48 hours
- Committee Examination: Committee examines whether emergency was justified
- Continuation/Revocation: Committee recommends continuation or unblocking
⚠️ Chinese Apps Ban — Emergency Route
The 2020 ban on Chinese apps (TikTok, WeChat, PUBG etc.) used emergency provisions citing national security. The press release mentioned "emergency measures" were used due to data mining and profiling concerns threatening sovereignty.
⚖️ Court Orders for Blocking (Rule 10)
When a competent court orders website blocking:
- Certified copy of court order submitted to Designated Officer
- DO immediately submits to Secretary MeitY
- Action initiated as directed by court
- No Committee examination required — court order is binding
✅ John Doe Orders
Courts often issue "John Doe" (Ashok Kumar) orders against unknown defendants for copyright piracy. These orders direct ISPs to block access to pirate websites. Rule 10 provides mechanism for implementing such orders.
🔍 Review Committee (Rule 14)
The Review Committee provides oversight over blocking orders:
| Aspect | Details |
|---|---|
| Composition | Secretary MeitY (Chair), Secretary Law, Secretary Home |
| Frequency | At least once in two months |
| Function | Review if blocking orders comply with S.69A(1) |
| Powers | Can set aside blocking orders and direct unblocking |
| Basis | Reviews recorded reasons, examines compliance |
⚠️ Criticism of Review Committee
Critics point out the Review Committee consists entirely of executive members (Secretaries) with no judicial oversight. This has been called inadequate as a safeguard against executive overreach.
🔒 Confidentiality Requirement (Rule 16)
📜 Rule 16 — Strict Confidentiality
"Strict confidentiality shall be maintained regarding all the requests and complaints received and actions taken thereof."
Implications of Rule 16:
- No Public Disclosure: Blocked URLs/websites not publicly disclosed
- Affected Parties Unaware: Content creators may not know why blocked
- Judicial Challenge Difficult: Hard to challenge what you don't know exists
- RTI Exemption: Blocking orders often denied under RTI citing Rule 16
✅ Shreya Singhal on Rule 16
The Supreme Court did not strike down Rule 16 but noted that blocking orders with recorded reasons can be "assailed in a writ petition under Article 226" — implying affected parties can seek disclosure through courts.
📊 Intermediary Obligations (Rule 13)
Every intermediary must:
- Designate Person: At least one person to receive blocking directions
- Acknowledge: Within 2 hours of receipt (letter/fax/email with electronic signature)
- Comply: Block access as directed
- Report: Confirm compliance to Designated Officer
⚠️ Non-Compliance Consequences
Under Rule 12, if intermediary fails to comply, DO can initiate action under S.69A(3) — which provides for imprisonment up to 7 years and fine. Additionally, safe harbour under S.79 may be lost.
🧠 Quick Check — Part 8.2 Quiz
1. The Designated Officer under Blocking Rules 2009 must be at least:
2. Under Rule 11, blocking requests must be decided within:
3. The Review Committee under Rule 14 must meet:
4. Rule 16 of Blocking Rules 2009 mandates:
5. Intermediaries must acknowledge blocking directions within:
6. Emergency blocking must be placed before Committee within:
7. Who chairs the Review Committee under Blocking Rules?
8. For court-ordered blocking under Rule 10: