VLC-developer VideoLAN sends legal notice to DoT, MeitY over blocking of website

VLC media player | Image: financialexpress.com

VideoLAN, a non-profit that runs the popular media player VLC Media Player, shot off a legal notice to the department of telecommunications and ministry of electronics and information technology (MeitY) after the government blocked the URL from where the software is downloaded.

In the notice, VideoLAN demanded a copy of the blocking order issued for banning the videlan.org URL and an opportunity to defend its case through a virtual hearing.

"By blocking the URL, your offices are in violation of international obligations to protect free speech in India. This incident also affects the fundamental rights of all Indian users of VLC who have the right to receive the information freely available on the URL," the notice, a copy of which was reviewed by Moneycontrol, said.

If MeitY or DoT does not comply, it would initiate legal proceedings against the government for "failing to protect our rights as guaranteed by the Constitution of India, for violation of our obligations under international law...", the notice said.

Drafted and dispatched by digital rights group Internet Freedom Foundation, the notice opposed the blocking of the VLC website citing Article 19 of the International Covenant on Civil and Political Rights, which says that freedom of speech and expression is a paramount human right.

"The banning of the URL is shocking because the Government of India itself endorses the use of VLC as a part of its Digital India initiative, where it has expressed its intention to use open-source softwares for government applications," IFF said in a summary of the notice.

As per Rule 8 of the IT Rules 2009 (Blocking Rules) and a Supreme Court  ruling, government officers issuing blocking orders have to issue notice to such a person and also provide a hearing before the concerned authority.

"Almost six months have passed since the first reporting of the unavailability of videolan.org and the reasons for blocking the URL have not been communicated to us. We have neither received any notice of hearing nor a copy of the reasoned blocking order," Jean-Baptiste Kempg, the president and lead developer of VLC, said in the notice.

Microblogging site Twitter has sued the government over similar blocking orders issued under the IT Act, 2000. Some of the orders did not meet the requirements of Section 69A of the IT Act 2000 and MeitY was disproportionately using its power by asking it to block some accounts, , Twitter has said.

During a recent hearing, Twitter argued that 50-60 percent of the tweets that the government wanted to be blocked were "innocuous".