Legality of Apps Ban in India

Open Access

Year : 2022 | Volume : | Issue : 2 | Page : 30-34

    Sanskar Dubey

  1. Student (BBA, LLB (H)), Christ University, Uttar Pradesh, India


During the Border dispute on the India China border, the Indian government with consultation with The Ministry of Information and Technology had taken an action against the Chinese apps that are illegally transmitting Indian uses of personal data so the Government of India banned 59 Chinese applications. To preserve the Integrity, Security and sovereignty of the country these decisions with regard to banning of apps were taken. Article 19(1) (a) of the Indian Constitution states about the Freedom of Speech and expressions. This gives the right to the public at large to express their opinions on any sociological topic at any public platform. The Ministry of Information technology doesn’t disclose any such information which is directly or indirectly related to the ban and which is also beyond the limit of reasoning set in the press release. The apps ban was majorly targeted to save the country’s user data of these apps considering the national security as these apps were found in transferring the users’ data. Government has power to ban any intermediary if such intermediary is against the Public order, Security of State etc. As per Section 69A a power to Central Government or other authority to issue some direction for blocking of any information via computer resources. The apps ban of these Chinese apps by the government is to protect the national security of the country by stopping these apps from sharing the personal important Information of the Indian user with China so that they can use it. This ban is important as today data is the most important and precious thing. At the time of the India China border issue this even became more important. Also this action of Government will come under the umbrella of public order which is purely justified. Also, India today also lacks a proper law governing and protecting data privacy.

Keywords: Apps Ban, it act, constitution, Article 19(1), Section 69A

[This article belongs to National Journal of Cyber Security Law(njcsl)]

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2. Universal Declaration of Human Rights, 1948
3. International Covenant on Civil and Political Rights, 1966
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Regular Issue Open Access Article
Volume 4
Issue 2
Received January 17, 2022
Accepted January 20, 2022
Published February 19, 2022