Important: In case the DoT does not approve of the blocking request, then the interim order must be revoked and the person/intermediary in charge of the information must be ordered to unblock the information. [...] Section 100: In the event the place to be searched is closed, the person residing in or in charge of the place is required to allow the officer executing the warrant to enter and search, on production of such warrant. [...] If a person in charge of the closed place, or in this case the owner of the device that is sought to be seized, does not comply with the warrant they may be A GUIDE TO NAVIGATING YOUR DIGITAL RIGHTS 23 faced with criminal charges for non-compliance,2 and the police officer is permitted to break into the space.3 In case of compliance however, the search must b. [...] Authority: The Telecom Rules give the power to suspend internet services (a) to the Secretary to the Home Ministry in the case of the Central Government, and (b) to the Secretary to the Home Department, in the case of the State Government. [...] Grounds: The government is permitted to stop telegraphic transmission in times of “public emergency” or interest of public safety, and if such a measure is necessary or expedient in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence.21 3.
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Table of Contents
- By Anamika Kundu Radhika Shruti Trikanad Torsha Sarkar in alphabetical order 1
- Edited by Cheshta Arora and Pallavi Bedi 1
- By Anamika Kundu Radhika Shruti Trikanad Torsha Sarkar in alphabetical order 2
- Edited by Cheshta Arora and Pallavi Bedi 2
- Contents 3
- Content Takedown 4
- Content takedown under Indian law 4
- Information Technology Act 4
- Criminal legislations 8
- For content creators The Right to Information Act and content takedown 9
- Barriers to access 10
- Potential routes for informational access 12
- Resources for further research 12
- Surveillance 16
- Surveillance laws 16
- Information Technology Act and Telegraph Act 16
- Unlawful Activities Prevention Act 1967 UAPA 17
- The Right to Privacy 18
- Preventive measures 18
- Remedies 19
- Legal Provisions 19
- Appropriate Forums 19
- In case your RTI application is rejected 20
- Device Seizures 21
- Code of Criminal Procedure 21
- Procedural safeguards to remember 22
- Right to privacy and the Digital Data Protection Act 2023 24
- Right against self-incrimination 25
- Person accused of any offence 25
- Compelled to be a witness against himself 25
- In practice Virendra Khanna v State of Karnataka 27
- Ram Ramaswamy and Ors. v. Union of India and Ors 28
- Internet Shutdowns 30
- Section 144 Code of Criminal Procedure 30
- Telegraph Act and Telecom Services Rules 31
- How internet shutdowns work 32
- Tools to circumvent internet shutdowns 33
- Things to remember 34
- Legal Tools 35
- Right to Information Requests 35
- Strategic litigation 37
