Karnataka High Court orders Proton to block offensive emails

Bengaluru: A division bench of the Karnataka High Court on Thursday directed the Proton Mail, Swiss based email service provider, to block the offensive email content expeditiously as per the rules after receiving the complaint from the M Moser Design Associates India Pvt Ltd.

A division bench comprising Acting Chief Justice V Kameshwar Rao and Justice CM Joshi gave this direction after the advocate for M Moser Design informed that its staff continues to receive offensive emails through Proton Mail even after the blocking of the email ids pursuant to a single bench order.

The division bench is hearing a writ appeal filed by Proton AG, which runs the Proton Mail, challenging the single bench order.

The single bench had directed the Union Government to initiate proceedings in terms of section 69A of the Information Technology (IT) Act 2000, read with Rule 10 of the Information Technology Procedure and Safeguards of Blocking of Access to Information by Public Access Rules, to block Proton Mail.

The order was passed in the petition filed by M Moser Design alleging that its senior female staff were targeted with inappropriate content, including AI-generated images causing significant harm.

During the hearing, Additional Solicitor General Aravind Kamat, appearing for the Union Government, informed the court that proceedings have been initiated against Proton Mail in terms of Section 69A of the IT Act and the proceedings may conclude in eight weeks. He also submitted that instances of violations, in addition to those cited in the petition, have been noticed and Proton Mail has submitted responses to the notices issued by the authorities.

The advocate M Moser Design requested the court to direct the Proton to divulge the URL and other details of the senders of the emails with offensive content. He also said that the Proton Mail has shifted its servers outside India to avoid the applicability of the provisions under the IT Act and hence they cannot operate in India as their servers are inaccessible.

The bench, however, said that those are the issues to be considered by the Union Government and adjourned the hearing to August 20.

In its petition before the single bench, the M Moser Design stated that there had been inadequate police investigation after the FIR registered against Proton on November 9, 2024.

It also said that Indo-Swiss legal assistance channels were unused by the police. On April 29, the single bench had directed the Union Government to initiate action.