MeitY Confirms That BGMI is Blocked Under Section 69A of the IT Act 2000
On 28th July 2022, Battlegrounds Mobile India (BGMI) was removed from the Apple App Store and Google Play Store without any official announcement. The entire community was surprised by the removal, leading to chaos, as a similar situation arose when PUBG Mobile was banned in 2020. On 1st September 2022, a Twitter user (GodYamarajOP) filed a request on the RTI (Right to Information) portal with the Ministry of Electronics and Information Technology (MeitY) regarding BGMI's removal. The ministry replied to the request on 26th September 2022 stating that the game was blocked under section 69A of the IT Act, 2000.
A Twitter user files RTI request regarding BGMI's removal
A Twitter user, GodYamarajOP, filed an RTI request with MeitY asking the following questions regarding BGMI's ban.
What are the reasons to take down the Battlegrounds Mobile India (BGMI) game from Play Store and App Store?
Is there any meeting/meetings with the publisher, Krafton, regarding ban of BGMI from Play Store? And if so what are the outcome(s) of those meetings, please provide minutes of meeting.
MeitY's response to the RTI request
MeitY replied to the RTI request on 26th September 2022 by first clarifying that it is empowered to issue directions for blocking access to information by the public under section 69A of the IT Act, 2000.
“Meity is empowered to issue directions for blocking for access of information by the public under section 69A of The Information Technology Act, 2000,” the response reads.
Further, the ministry explained that the process being followed by it is defined in the Information Technology Rules, 2009.
“The due process being followed is defined in The Information Technology (Procedure and safeguards for blocking for access of information by public) Rules, 2009.”
Further, explaining its rights MeitY adds, “Section 69A of the IT Act, 2000 empowers Government to block information from public access under specific conditions of: (i) interest of sovereignty and integrity of India, (ii) defence of India, (iii) security of the State, (iv) friendly relations with foreign States or (v) public order or (vi) for preventing incitement to the commission of any cognizable offence relating to above. The detailed process for blocking of websites/URLs is notified through Information Technology (Procedure and Safeguards for Blocking for Access of Information for Public) Rules, 2009.”
MeitY's said that BGMI is blocked under the provision of section 69A of the IT Act, 2000
MeitY replied that it blocked BGMI under the provision of section 69A of the IT Act, 2000 based on the request received by the Nodal Officers from the Ministry of Home Affairs.
“Based on the requests received through designated nodal officers from Ministry of Home Affairs (MHA), the Ministry of Electronics and Information Technology (Meity) has blocked the gaming application battlegrounds mobile India (BGMI) under the provision of section 69A of the Information Technology (IT) Act, 2000 and the Information Technology (Procedure and Safeguards for Blocking for Access of Information for Public) Rules, 2009,” stated MeitY.
Replying to the second question, the ministry said that meetings with Krafton's representative were held. However, they could not reveal the details of it to maintain confidentiality as per Rule 16 of IT Rules, 2009.
“Yes, meetings with representatives of Krafton were held.” Following this, it adds “as per Rule 16 of Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, strict confidentiality shall be maintained regarding all the requests and complaints received and actions taken thereof.”
“The information asked in the RTI comes under Rule 16 of Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 which is confidential in nature,” MeitY elaborates.
Refusing to reveal the outcomes of the meeting, the ministry said that Section 69A of the IT Act, 2000 and its matters are related to the sovereignty and integrity of India, the security of the Nation, and relations with foreign states. As a result, provisions of 8(1)(a) are also applicable to the same. Hence, it is not obligatory for it to reveal the details of the information asked, as per the RTI Act.
“Further, as section 69A of the Information Technology Act, 2000 and its matters are related to sovereignty and integrity of India, the security of Nation, relation with foreign State. Thus, it attracts provisions of 8(1)(a) of the RTI Act 2005. Hence, the information asked is exempted as per RTI Act.”
Although it has been two months since the game’s removal, Krafton has not made a statement regarding the game's return. Creators and players have been waiting for a long time and the game is losing its hype in the country. Furthermore, Sc0utOP recently said that the chances of the game returning before December are dicey.
