SUMMARY:
- HC invokes Section 69A of the IT Act, 2008, and Rule 10 of 2009 Blocking Rules
- Order issued in response to a petition by M Moser Design Associates India
- Allegations include misuse of Proton Mail for sending vulgar emails and posing a national security threat
- Blocking process initiated amid concerns over anonymous usage and lack of cooperation from Proton Mail
In a significant development highlighting growing concerns over digital anonymity and cyber misuse, the Karnataka High Court has directed the Union government to block access to Proton Mail in India. The order, issued by Justice M Nagaprasanna, comes in response to a petition filed by M Moser Design Associates India, which alleged that the encrypted email service was misused to circulate vulgar and defamatory messages targeting its employees.
The court’s direction is grounded in Section 69A of the Information Technology Act, 2008, and Rule 10 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. These provisions empower the Centre to block access to websites and services posing security, public order, or legal threats.
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The petitioner raised serious concerns over Proton Mail’s anonymity, lack of user identification, and its potential use in evading Indian surveillance systems. Advocate Jatin Sehgal, representing the petitioner, told the court that Proton Mail enables users to set up accounts in under 30 seconds without ID verification, making it a haven for malicious actors. The plea further cited news reports linking the platform to recent hoax bomb threats sent to schools in Chennai, intensifying the case for national security risks.
The High Court has also ordered the immediate takedown of specific offensive URLs mentioned in the petition while the blocking order is being processed.
The Centre’s counsel, during the hearing, acknowledged that cooperation from Swiss authorities (where Proton Mail is headquartered) can only be obtained through the Mutual Legal Assistance Treaty (MLAT), a process that requires initiation by a trial court.
This case is not the first instance of regulatory friction between Proton Mail and Indian authorities. In 2022, Proton Mail withdrew its physical servers from India, citing objections to CERT-In’s mandate requiring VPN and cloud providers to store user data. The company has previously described India’s surveillance laws as “regressive” and openly criticised the Telecommunications Act, 2023, labeling it a “threat to democracy.”
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The latest developments add to the mounting pressure on encrypted communication platforms operating in India, especially those that do not comply with local data-sharing and user verification norms.
