In simple words
If the Board has penalised a company two or more times and advises blocking in the public interest, the Government can order blocking of public access to that company's information or services, after a hearing. Intermediaries must comply.
- What this means for you
- Repeat offenders can, in extreme cases, have their service blocked in India.
- What this means for businesses
- Repeated penalties can lead to blocking orders.
- Everyday example
- After two penalties against an app, the Board advises blocking and the Government directs that the app be blocked.
Who it applies to
The Central Government, Data Fiduciaries and intermediaries.
Related Rules
No specific rule. The text of the Act applies on its own.
Related sections
Official textas notified
Source: MeitY copy of the Gazette (CG-DL-E-12082023-248045), page 17. Printed dashes are shown as colons; the wording is unchanged.
(1) The Central Government or any of its officers specially authorised by it in this behalf may, upon receipt of a reference in writing from the Board that:
(a) intimates the imposition of monetary penalty by the Board on a Data Fiduciary in two or more instances; and
(b) advises, in the interests of the general public, the blocking for access by the public to any information generated, transmitted, received, stored or hosted, in any computer resource that enables such Data Fiduciary to carry on any activity relating to offering of goods or services to Data Principals within the territory of India, after giving an opportunity of being heard to that Data Fiduciary, on being satisfied that it is necessary or expedient so to do, in the interests of the general public, for reasons to be recorded in writing, by order, direct any agency of the Central Government or any intermediary to block for access by the public or cause to be blocked for access by the public any such information.
(2) Every intermediary who receives a direction issued under sub-section (1) shall be bound to comply with the same.
(3) For the purposes of this section, the expressions “computer resource”,
“information” and “intermediary” shall have the meanings respectively assigned to them in the Information Technology Act, 2000.