The Karnataka High Court has issued a directive to the Indian government to block access to Proton Mail, the Switzerland-based encrypted email service. This decision follows a legal petition filed by M Moser Design Associates, a firm based in New Delhi, alleging that its employees were targeted with obscene and vulgar communications sent through the platform.
Legal Basis for the Blocking Order
During a court hearing streamed on Tuesday, Justice M Nagaprasanna invoked the Information Technology Act 2008, ordering authorities to restrict the service. The conflict stems from a complaint filed in January, in which M Moser Design Associates sought regulatory action against Proton Mail after the company reportedly refused to disclose sender information despite an active police investigation.
Aravind Kamath, the Additional Solicitor General representing the Indian government, previously suggested that the government’s intervention capacity is limited. He noted that criminal courts could theoretically seek data directly from Swiss authorities rather than imposing a blanket ban.
Ongoing Tension and Previous Challenges
Although the court order has been issued, Proton Mail remained accessible in India as of the latest checks. This case marks the second significant attempt to block the service in the country within two years. In 2023, authorities in Tamil Nadu sought a similar block following a series of hoax bomb threats sent to local schools via the platform. That attempt was ultimately halted after Swiss federal authorities intervened.
At the time of the previous attempt, Proton emphasized that blocking an encrypted service does not deter cybercriminals, who can easily shift to alternative platforms, while simultaneously hindering the communication rights of law-abiding citizens.
Escalating Regulatory Scrutiny
The legal pressure is intensifying. In October 2024, the Delhi High Court directed the Ministry of Home Affairs and state police to conduct a broader investigation into the use of Proton Mail across India. Additional Solicitor General Kamath has committed to reviewing these judicial observations as the government assesses its next steps regarding the platform’s operations in the region.