No Penalty For Individual Users Of Blocked Mobile Apps : IT Ministry

There is no penalty prescribed for individual users of mobile apps such as TikTok, PUBG, CamScanner, UC Browser etc which were blocked by the Ministry of Electronics and Information Technology citing security concerns.

However, there is penalty prescribed for intermediaries under Section 69A of the Information Technology Act who fail to comply with blocking order.

This was told by the Ministry in reply to an RTI application made by a law student named Prasoon Shekhar.

"MeitY does not ban any App. However blocking of specified Apps was done under the provisions of Section 69A of the Information Technology Act, 2000 and its Rules namely Information Technology (Procedure and Safeguards for Blocking Access of Information by the Public) Rules, 2009. Section 69A of the Act provides for penalty to intermediaries for non-compliance of the blocking order. However, no penalty is prescribed for individual users of such Apps", the Ministry said in its reply.

Prasoon Shekhar had sought the following information in his application under the Right to Information Act:

1. Provide the provision of law if somebody disobeys the ban imposed on Chinese apps like CamScanner, PubG

2. What is the maximum punishment and penalty which can be imposed on that person.

3. Provide the number of person prosecuted (Till date of reply to RTI application) for violating the said ban on PubG, CamScanner etc.

4. What was the reason of imposing ban on these Apps.

On June 29, the Ministry issued orders under Section 69A of IT Act to block 59 mobile apps such as TikTok, CamScanner etc, citing threat to sovereignty and integrity of India, defence of India, security of state and public order.

Most of those apps were linked to China based companies. The Ministry's decision was perceived as a response to the Chinese incursions at the Galwan valley in early June.

"On the basis of these and upon receiving of recent credible inputs that such Apps pose threat to sovereignty and integrity of India, the Government of India has decided to disallow the usage of certain Apps, used in both mobile and non-mobile Internet enabled devices.This move will safeguard the interests of crores of Indian mobile and internet users. This decision is a targeted move to ensure safety and sovereignty of Indian cyberspace", said the Ministry in a press release.

On 24 September, 2020 118 more apps were banned (including PubG) under section 69A of the Information Technology Act. Last month, the Ministry blocked 43 more apps citing security concerns.

"This move will safeguard the interests of crores of Indian mobile users. This decision is a targeted move to ensure safety, security and sovereignty of Indian cyberspace", the Ministry said.