Legality of Apps Ban in India

Abstract

During the Border dispute on the India China border, the Indian government with consultation with
The Ministry of Information and Technology had taken an action against the Chinese apps that are
illegally transmitting Indian uses of personal data so the Government of India banned 59 Chinese
applications. To preserve the Integrity, Security and sovereignty of the country these decisions with
regard to banning of apps were taken. Article 19(1) (a) of the Indian Constitution states about the
Freedom of Speech and expressions. This gives the right to the public at large to express their
opinions on any sociological topic at any public platform. The Ministry of Information technology
doesn’t disclose any such information which is directly or indirectly related to the ban and which is
also beyond the limit of reasoning set in the press release. The apps ban was majorly targeted to save
the country’s user data of these apps considering the national security as these apps were found in
transferring the users’ data. Government has power to ban any intermediary if such intermediary is
against the Public order, Security of State etc. As per Section 69A a power to Central Government or
other authority to issue some direction for blocking of any information via computer resources. The
apps ban of these Chinese apps by the government is to protect the national security of the country by
stopping these apps from sharing the personal important Information of the Indian user with China so
that they can use it. This ban is important as today data is the most important and precious thing. At
the time of the India China border issue this even became more important. Also this action of
Government will come under the umbrella of public order which is purely justified. Also, India today
also lacks a proper law governing and protecting data privacy.