Neutral Citation Number: 2023:DHC:2806
providers, internet service providers, web-hosting service providers, search
engines, online payment sites, online-auction sites, online-market places and
cyber cafes. Section 2(1)(f) of the IT Rules defines “communication link” to
mean a connection between a hypertext or graphical element, and one or
more items in the same or different electronic document wherein upon
clicking on a hyperlinked item, the user is automatically transferred to the
other end of the hyperlink which can be another electronic record or another
website or application or graphical element.
21.
Section 69A of the IT Act enlists the power of the Central
Government to issue directions for blocking for public access of any
information through any computer resource. Section 69A(3) notes that any
intermediary who fails to comply with the direction under Section 69A(1)
shall be punished with imprisonment for a term which may be extended to
seven years and also be liable to a fine. The same has been reproduced as
follows:
―69A. Power to issue directions for blocking for public
access of any information through any computer
resource.–
(1) Where the Central Government or any of its
officers specially authorised by it in this behalf is
satisfied that it is necessary or expedient so to do,
in the interest of sovereignty and integrity of
India, defence of India, security of the State,
friendly relations with foreign States or public
order or for preventing incitement to the
commission of any cognizable offence relating to
above, it may subject to the provisions of subsection
(2), for reasons to be recorded in writing, by
order, direct any agency of the Government or
intermediary to block for access by the public or
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 21 of 88
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