Proton Mail faces ban in India after Karnataka HC order
The Karnataka High Court has directed the Central Government to take legal steps and block access to Proton Mail in India. This decision came after a Bengaluru-based company, M Moser Design Associates India Pvt Ltd, approached the court with a complaint. The company said that unknown people were using Proton Mail to send vulgar and abusive emails about one of its female employees. These emails included AI-generated deepfake images and explicit content, and were sent to other employees and even clients.advertisementThe petitioner told the court that despite filing a police complaint in November 2024, the investigation had made little progress. This, according to the company, was because Proton Mail refuses to share user data and does not cooperate with Indian law enforcement. Proton Mail, which is operated by a Swiss company called Proton AG, is known for its strong privacy features and anonymity. The court was informed that the service allows users to create an account in 30 seconds without any ID verification.The court was also told that Proton Mail had removed its servers from India, making it even harder for Indian authorities to take action. The petitioner argued that although the company claims it does not operate in India, it allows users to choose India as a server location on its platform — giving the impression that it operates within the country.advertisement
Justice M. Nagaprasanna, who heard the case, directed the Centre to act under Section 69A of the IT Act, 2000, along with Rule 10 of the Information Technology (Procedure and Safeguards for Blocking Access of Information by Public) Rules, 2009, to block access to Proton Mail.'A mandamus is issued to Respondents 2, 4, and 5 (Central government authorities) to issue proceedings in terms of Section 69A of IT Act 2008 read with rule 10 of the Information Technology (Procedure and Safeguards for Blocking Access Of Information By Public) Rules, 2009 to block Proton Mail bearing in mind the observations made in the course of the order,' the court stated.Until the Centre completes the process of blocking Proton Mail, the High Court has also ordered that all offending URLs mentioned in the petition be blocked immediately.The petitioner's lawyer, Jatin Sehgal, claimed that Proton Mail has become a threat not just to individuals but to national safety. He also pointed out that in recent months, bomb threats sent through Proton Mail had caused concern in Indian schools. He said, 'It's not only I that have suffered, it's a national threat.'Responding to the plea, the Additional Solicitor General (ASG), Aravind Kamath, told the court that while the Centre can begin blocking action, any request for data from Switzerland must be routed through proper legal channels under the Mutual Legal Assistance Treaty (MLAT). He clarified that it is up to the investigating officer and the trial court to start that process.The court has reserved the full judgement, which will be released later.
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