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PUBG Mobile India update: Explainer on section 69A of IT Act, the law under which game is banned

PUBG Mobile India has been banned by the Government of India under section 69A of the Information Technology Act in September 2020.

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PUBG Mobile India update: Explainer on section 69A of IT Act, the law under which game is banned
PUBG Mobile India has been banned since September 2020 and it was banned under section 69A of the Information Technology Act of 2000. (Image credit: PUBG Mobile India Facebook)
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PUBG Mobile India was banned by the Government of India in September 2020 following escalation of tensions between India and China over the Galwan Valley incident in Ladakh. PUBG Mobile India, along with 118 Chinese apps were banned by the government. The main reason for the ban of PUBG Mobile India and other Chinese apps was that they posed a threat to India's sovereignty and security. The Government of India banned PUBG Mobile India under section 69A of the Information Technology Act in September, dealing a huge blow to many gamers in the country as PUBG Mobile was incredibly popular. PUBG Mobile India tried to comeback in the country and in November, they announced some teasers around Diwali citing a potential relaunch by December-end.

However, the Government of India bluntly stated in an RTI query that PUBG Mobile India was not going to get any preferential treatment for lifting the ban. What is section 69A of the Information Technology Act under which PUBG Mobile India has been banned? Here is an explainer of the history of the act and the ramifications for PUBG Mobile India.

What is section 69A of Information Technology Act?

Section 69A of the Information Technology Act, 2000, was introduced by the Central Government after an amendment to the Act in 2008. This section gave the government the power to block public access to any information online whether on websites or mobile apps. A feature of Section 69A is that it includes terms like security of the state, emergency nature, sovereignty and integrity of India and public order which can be used to ban the app.

Under what grounds were PUBG Mobile India banned?

PUBG Mobile India and 118 Chinese apps were banned as they posed a threat to the security of the country. The government stated that they received many complaints about misuse of some applications available on Android and iOS platforms for stealing and transmitting users data in an unauthorized manner to servers that have locations outside India.

Can PUBG Mobile India get a hearing and have the ban lifted?

This is a very difficult situation. Since the factor of national security and sovereignty was involved in the ban, the chances of the government lifting the ban is very minimal. Section 69A also makes space for an event of an "emergency nature" in which a nodal officer can submit the ban request to Ministry of Electronics and Information Technology (MEITY). MEITY, in turn, can issue orders to block the site or app. In such a case, the aggrieved party cannot get a hearing.

Is this the reason why government is refusing meeting PUBG Mobile India?

Yes! Since measures of national security and sovereignty come under the potential purview of 'emergency measures', the Government of India has flatly denied a request for PUBG Corporation for a meeting. All the bans came under the emergency measures and that is why no meeting might be possible.

Can PUBG Corporation appeal and ask Government to withdraw the act?

Yes, they can. Under article 226 of the Indian constitution, the blocking can be challenged. However, with India and China still in a tense state, it might not be a good idea for Krafton and PUBG Corporation to take the legal recourse. With nationalism at a fever pitch in India, especially when it comes to China, the decision might not go in favour of the organisation.

Is the date of March 2021 confirmed for PUBG Mobile relaunch?

It is not certain. PUBG Mobile India has stated that they are looking for a relaunch around March 2021 but that will depend only if the situation between the Indian and Chinese governments improve. In the current scheme of things, this is not looking so positive.

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