Plea before Kerala High Court by SFLC challenging ban on FOSS messaging platforms Element, Briar

Delhi-based not-for-profit organization Software Freedom Law Center (SFLC) moved a plea before the Kerala High Court seeking to quash an order passed by the Central government that banned some free and open-source software (FOSS) applications..Single-judge Justice Shoba Annamma Eapen on Tuesday issued notice to the Ministry of Information and Broadcasting as well as the Ministry of Electronics and Information Technology on the plea and asked them to file their responses.The matter will come up for hearing next on May 29, 2023..The petition moved by SFLC said that several news media outlets reported on May 1 that the Central government had blocked 14 mobile apps for messaging, by issuing an order under Section 69A of the Information Technology Act, 2000, on the grounds of these apps were allegedly being used for communication between 'bad actors' in the region of Jammu and Kashmir.The list of blocked applications includes 2 widely-used FOSS applications, namely ‘Element’ and ‘Briar’ that are purportedly utilized very regularly by software developers, technologists, innovators, and entrepreneurs..SFLC's plea pointed out that the use of such FOSS applications enabled several benefits like enhanced interoperability, reduced costs, vendor independence, greater localization, and developing local growth of the IT sector in India.It contended that blocking such applications places unreasonable restrictions on the exercise of freedom of speech and expression, and the freedom to carry out trade and business, as guaranteed under the Constitution of India.“The order has also not been made public which suffers from the vice of gross violation of the Principles of Natural Justice insofar as no notice has been served to the Petitioners, nor has any opportunity of hearing granted till date, as mandated under the relevant rules, i.e., Blocking Rules, 2009,” the plea added..Therefore, SFLC approached the Court seeking the production of the order banning these applications as well as a stay on the operation and implementation of the order..SFLC also sought quashing of Rule 16 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2019, by declaring them as violative of Articles 14, 19, and 21 of the Constitution. The plea argued that Rule 16 discloses no nexus with the parent Act, which is the IT Act, 2000. Moreover, the Rule enables repeated contravention of the principles of natural justice through lack of publication of orders, non-supply of notice, and granting no opportunity to the persons aggrieved, it was contended..The petitioners were represented by advocates S Prasanth, Varsha Bhaskar, Anupama Sibi, Ammu Charles and N Krishna Ozhakkanat.The respondents was represented by Deputy Solicitor General, S Manu.