Indian Court Orders Blocking of ProtonMail

India Orders Block of Encrypted Email Provider Proton Mail

An Indian court has issued an order mandating the blocking of Proton Mail, an encrypted email service, throughout the nation.

Court Directive and Allegations

The Karnataka High Court, in a ruling delivered on Tuesday, directed the Indian government to implement the block. This action follows a legal complaint submitted by M Moser Design Associates, a New Delhi-based company.

The firm alleges that its personnel received emails containing objectionable and explicit content transmitted through the Proton Mail platform.

Legal Basis for the Block

Justice M Nagaprasanna, during a hearing accessible via YouTube livestream, instructed the government to block Proton Mail. This directive was issued while considering observations made during the court proceedings, and is based on the Information Technology Act 2008.

Initial Complaint and Lack of Cooperation

M Moser Design Associates initially filed their complaint in January. They requested either the regulation of, or a complete block on, Proton Mail within India.

The complaint stated that the email service had declined to provide sender details related to the allegedly offensive emails, even after a formal police report was filed.

Government Response and Potential Limitations

Aravind Kamath, the additional solicitor general representing the Indian government, indicated to the court that the government’s ability to address the petitioner’s concerns might be limited.

He suggested that criminal courts could request the necessary information directly from authorities in Switzerland, given the initial police complaint.

Current Status of the Block

As of checks conducted by TechCrunch, the block of Proton Mail has not yet been implemented in India. Proton Mail has been contacted for comment, and this article will be updated upon receiving a response.

Previous Legal Challenges

This represents the most recent legal challenge faced by Proton Mail in India. It marks the second ruling within two years that has aimed to prohibit the encrypted email service from operating within the country.

Tamil Nadu Bomb Threat Incident

Last year, the Tamil Nadu police department attempted to block Proton Mail after it was used to disseminate false bomb threats to local schools.

The IT ministry reportedly instructed internet service providers to block Proton Mail at the request of law enforcement. However, Swiss federal authorities intervened to prevent the block from taking effect.

Proton Mail's Stance on Blocking

Proton Mail previously stated that blocking access to their service only hinders secure communication for law-abiding citizens.

They argued that it does not deter cybercriminals who could simply utilize alternative email services, particularly if operating from outside of India.

Ongoing Investigations

In October 2024, the Delhi High Court requested investigations by state police and the Indian government’s home ministry regarding the alleged misuse of Proton Mail nationwide.

Kamath assured the Karnataka High Court that he would review the Delhi High Court’s observations concerning Proton Mail’s usage in India.