IFF says govt order to GitHub on BitChat unconstitutional, demands its withdrawal | India News
NEW DELHI: Digital rights advocacy group Internet Freedom Foundation (IFF) has termed govt’s order directing GitHub to remove the source code repositories of Bluetooth-based messaging app BitChat “unconstitutional and authoritarian”.In a statement Friday, IFF said the order, issued by Indian Cyber Crime Coordination Centre (I4C) under the home ministry, directed GitHub to disable access to three BitChat repositories, including the Android application and release files, within three hours. It added that the order warned the platform of loss of safe harbour protection and possible criminal prosecution for non-compliance.It argued govt relied on Section 79(3)(b) of the Information Technology Act and Rule 3(1)(d) of the IT Rules, 2021, instead of the dedicated blocking framework under Section 69A of the IT Act and the Blocking Rules, 2009, that require procedural safeguards such as recorded reasons and an opportunity for hearing.
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IFF also contended that the order did not identify any specific unlawful content in the repositories and instead objected to BitChat’s ability to function during internet shutdowns through Bluetooth mesh networking. It said anticipating potential misuse of a communications tool was not a sufficient legal basis for ordering its removal.The foundation criticised the three-hour compliance window, saying it effectively denied GitHub meaningful legal recourse, and demanded that govt withdraw the notice.
