No Penalty On Individuals Using Banned Apps, Clarifies Govt

An RTI plea filed by a law aspirant has revealed that there’s no penalty for individual users of mobile apps including TikTok, PUBG, CamScanner, UC Browser etc., which were banned by the Ministry of Electronics and Information Technology for what were said to be the security concerns. However, there is penalty prescribed under Section 69A of the Information Technology Act, for intermediaries, who fail to adhere to the order.

The applicant, Prasoon Shekhar, filed the RTI application to seek response from the ministry.

“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 a penalty to intermediaries for non-compliance of the blocking order. However, no penalty is prescribed for individual users of such Apps,” the Ministry has replied.

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

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

2. The maximum punishment and penalty, which can be imposed on that person.

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

4. The reason of imposing ban on these Apps.

On June 29, the ministry came up with new orders under Section 69A of IT Act to block 59 mobile apps such as TikTok, CamScanner etc, in regards of threat to sovereignty and integrity of India, defence of India, security of state and public health and order.

These apps were linked with China-based companies. The Ministry’s discretion was perceived as a reply to the Chinese invasions at the Galwan valley in the initial days of 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.

On 24 September, 2020, 118 more apps including PubG were blocked under section 69A of the Information Technology Act.

Last month, the Ministry banned more apps stating the same concerns.