Indian telecom operators have been blocking VideoLAN’s website, where it lists links to downloading VLC,
since February of this year, VideoLan president and lead developer Jean-Baptiste Kempf told TechCrunch in an earlier interview. India is one of the largest markets for VLC.
Now, VideoLAN, in assistance with local advocacy group Internet Freedom Foundation, is using legal means to get answers and redressal. It has sought a copy of the blocking order for banning VideoLAN website in India and an opportunity to defend the case through a virtual hearing.
In
the notice, VideoLAN argues that the way Indian ministries have enforced the ban on the website, they violate their own local laws. The letter adds:
As per Rule 8 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (‘Blocking Rules’) and the ruling of the Supreme Court in Shreya Singhal v. Union of India (2015) 5 SCC 1, government officers responsible for issuing a blocking order are required to: (i) make all reasonable efforts to identify the originator or intermediary hosting the information to be blocked, (ii) issue a notice to such person, (iii) provide a hearing to such person before the concerned authority, and (iv) provide a copy of a reasoned blocking order to the person concerned prior to the hearing. Despite this, the URL, which allows users to download VLC was blocked by the DoT without any prior notice, or an opportunity of hearing to VideoLAN.