Banned Shein app, not its products: Centre to Delhi HC

Stating that the Shein app was found to be detrimental to the national security issues and was thus blocked, the government however said that the sale of Shein’s products on a third-party platform is altogether a different aspect and is not covered under Section 69A.

Centre has told the Delhi High Court that Shein, the Chinese online retail brand for women’s clothing and accessories, was banned by it last year in the interest of India’s sovereignty and security of the State but a blanket order against the sale of its products on third-party platforms cannot be passed under the IT Act.

Stating that the Shein app was found to be detrimental to the national security issues and was thus blocked, the government however said that the sale of Shein’s products on a third-party platform is altogether a different aspect and is not covered under Section 69A.

“A blanket order for blocking sale of Shein products in other platforms/websites cannot be passed by the Committee constituted under section 69A of the IT Act, 2000,” said the Centre in response to a petition seeking a ban on sale of Shein’s products by Amazon in India. As per the petition, Amazon has announced a sale of Shein’s products on its website during the ‘prime day’ sale scheduled between July 26-27.

The petitioner Ananttika Singh in the plea said that she had specifically made a representation to Amazon that, because of the sale of Shein products on its platform, the Chinese brand would have “access to personal and sensitive data of several millions of Indian citizens”.

While referring to the government ban on Shein, the petition argues that, “once it has been established that the entry of ‘Shein’ and its products enabled access to information generated by computer source, which is prejudicial to the interest and sovereignty of India, it cannot be allowed to circumvent the law by using a third party platform”.

The government in June last year banned 59 Chinese-owned applications including Shein, saying they were “prejudicial to sovereignty and integrity of India, defence of India, security of state and public order”. In response to the petition, the Centre has said that every incident violating the provisions of Section 69A related to the already blocked content has to be reported separately by following the due process under the Blocking Rules, 2009.

Source: Read Full Article