The Karnataka High Court has directed the Union government to act against Proton Mail, calling for its operations to be blocked in India.
Justice M. Nagaprasanna issued the directive while hearing a petition filed by M Moser Design Associates India Private Ltd, after vulgar emails targeting one of its employees were sent via Proton Mail to colleagues and clients, Bar and Bench reported.
“A mandamus is issued to Respondents 2, 4, and 5 (Central government authorities) to issue proceedings in terms of Section 69A of the IT Act 2008, read with Rule 10 of the Information Technology (Procedure and Safeguards for Blocking Access of Information by Public) Rules, 2009, to block Proton Mail, bearing in mind the observations made in the course of the order,” the Court ordered.
The petitioner raised concerns over the continued operation of Proton Mail in India, citing the platform’s high level of user anonymity as a significant risk. It urged the Court to issue appropriate directions to either regulate or block the service.
The petitioner, represented by advocate Jatin Sehgal, informed the Court that despite lodging a police complaint regarding the vulgar emails sent about its employee through Proton Mail, a meaningful investigation is improbable, as the platform had refused to disclose details about the sender.
Sehgal further submitted that Proton Mail had removed its servers from India, making it even more difficult to trace such activities.
Citing recent instances, he added that bomb threats had also been sent to schools in India using the same platform.
“It’s not only I that have suffered, it’s a national threat,” Sehgal remarked.
Sehgal further argued that Proton Mail’s website includes instructions for users on how to bypass monitoring by Indian authorities. Creating a Proton ID takes only 30 seconds and requires no identity verification, he added.
The petitioner also sought directions to involve Swiss authorities, since Proton Mail is based in Switzerland, to compel the company to share information necessary for investigating the offensive emails.
In addition to considering these broader concerns, the Court on Tuesday also ordered that the offensive URLs circulated by the sender be taken down immediately.
“Till such proceedings are taken up and concluded by the Government of India (to block Proton Mail), the offending URLs indicated in the petition shall be blocked forthwith,” said the Court.
Representing the Central government, Additional Solicitor General (ASG) Aravind Kamath clarified that the Centre may have a limited role in this aspect. He explained that under the Mutual Legal Assistance Treaty (MLAT) with Switzerland, it is the responsibility of the investigating officer and the trial court handling the complaint to initiate the process of seeking cooperation from Swiss authorities.
“The petitioner has lodged a complaint, and the criminal court is dealing with it. It is the IO who has to use the machinery, and that court has to set the process in motion. I, as MHA or MeitY, cannot deal with it,” ASG Kamath said.
On the broader issue of blocking Proton Mail in India, Kamath assured the Court that the Centre would also review the Delhi High Court’s recent observations on the platform’s usage.
Proton Mail, a Switzerland-based service, is a secure, end-to-end encrypted email platform that prioritizes user privacy.
Positioned as a privacy-focused alternative to mainstream providers like Gmail, known for data collection practices, Proton Mail ensures that only the sender and recipient can access the content of emails, using encryption both in transit and at rest.
According to its website, not even Proton Mail itself can read users’ messages, setting it apart from traditional email services that may access user data for advertising or other purposes.
The platform had come under government scrutiny last year, after someone sent hoax bomb threats to 13 private schools in Chennai using Proton Mail.
Earlier, the Office of the Additional Director General of Police, Maharashtra Cyber, had formally written to the Ministry of Electronics and Information Technology (MeitY) and recommended the blocking of these platforms under the Information Technology Act.
In 2020, Russia blocked Proton Mail after bomb hoax emails, with Roskomnadzor citing a “real threat of mass disturbance” and “great concern among citizens.”
