While hearing Switzerland-based Proton Mail’s appeal to reconsider an earlier order banning the email service in India, the Karnataka High Court Thursday directed the company to keep taking down URLs sending offensive emails referred to in the original petition.
In April, the Karnataka High Court had issued directions to the Centre to begin the process to block Proton Mail after M Moser Design Associates complained that several of its women employees received ‘obscene’ and ‘AI-generated material’ through Proton Mail.
The Karnataka High Court had ordered at the time, “Mandamus issued to respondents – Ministry of Home Affairs, Ministry of Electronics and Information Technology (MEITY) and Ministry of Communications to initiate proceedings in terms of Section 69A of the Information Technology Act 2000 read with Rule 10 of the IT Procedure and Safeguards of Blocking of Access to Information by Public Access Rules, 2009 to block ProtonMail.”
Last year, the Delhi High Court had also directed the police and the Centre to examine the use of Proton Mail in India.
During the hearing on Thursday, Moser’s counsel had argued that Proton Mail’s servers were located outside the country to avoid the provisions of the IT Act, and only the Swiss government has access to them.
Proton Mail argued that there were issues with the service of summons in the initial case. The counsel of the Union Government stated that proceedings to examine whether the email service should be blocked were underway, and the exercise was expected to take about eight weeks.
Moser’s counsel Jatin Sehgal complained that they were “still receiving emails from the portal.”
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In response to this, the high court told Proton Mail, “If he is receiving emails, he will give the URL to you. You will block it.” The court directed that complaints be submitted to the nodal officer of Proton Mail dealing with these issues.
The matter will be heard next on August 20.