30 October 2019

Blocking of access to specific information – When can Indian Court grant global injunctions

In a case involving publication of defamatory videos and other contents in social media, the Single Judge Bench of Delhi High Court has held that disabling and blocking of access, in respect of such information uploaded from India, must be from the computer resource, and such resource includes a computer network, i.e., the whole network and not a mere (geographically) limited network.

Interpreting provisions of Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the Court was of the view that since the unlawful act in case of content uploaded from India is committed from within India, a global injunction shall operate in respect of such content.

It also held that so long as either the uploading takes place from India or the information/data is located in India on a computer resource, Indian courts would have the jurisdiction to pass global injunctions.

The Court, however, in the case Swami Ramdev v. Facebook held that in case of uploads which take place from outside India, the unlawful act would be the dissemination of such content in India, and thus in those cases the social media platforms may resort to geo-blocking.


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