IFF Declares Govt Order to GitHub on BitChat Unconstitutional, Demands Withdrawal
NEW DELHI: The Internet Freedom Foundation (IFF), a digital rights advocacy group, has termed the government's order directing GitHub to remove source code repositories of the Bluetooth-based messaging app BitChat as 'unconstitutional and authoritarian'. The IFF demanded the immediate withdrawal of the notice, citing legal and procedural flaws.
The order, issued by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs, instructed GitHub to disable access to three BitChat repositories, including the Android application and release files, within three hours. The platform was warned of losing safe harbour protection and facing possible criminal prosecution for non-compliance.
In a statement released Friday, the IFF argued that the government relied on Section 79(3)(b) of the Information Technology Act and Rule 3(1)(d) of the IT Rules, 2021, instead of the dedicated blocking framework under Section 69A of the IT Act and the Blocking Rules, 2009. The latter requires procedural safeguards such as recorded reasons and an opportunity for hearing before any blocking order is issued.
The foundation further contended that the order did not identify any specific unlawful content in the repositories. Instead, it objected to BitChat's ability to function during internet shutdowns through Bluetooth mesh networking, which allows devices to communicate without internet access. The IFF said that anticipating potential misuse of a communications tool is not a sufficient legal basis for ordering its removal.
BitChat is an app that enables anonymous communication without mandatory user registration, phone number verification, or centralised logging of messages. This design has raised concerns among law enforcement agencies, but the IFF maintains that the government's response must follow due process.
The IFF also criticised the three-hour compliance window, stating that it effectively denied GitHub any meaningful legal recourse. The group called on the government to withdraw the notice and adhere to constitutional safeguards for blocking online content.
