VLC Media Player developer VideoLAN has issue a notice to the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MeitY) over the blocking of its website in India.
VideoLAN of the popular open source video player has ask the DoT for a copy of the reason blocking order issue for the banning of its website, as well as an opportunity to defend its case through a virtual hearing.
Earlier this year, digital liberties organisation Internet Freedom Foundation (IFF) was inform by MeitY that it did not have any information regarding the blocking of VideoLANās website in the country.
In its legal notice to the DoT, Jean-Baptiste Kempf, President and lead VLC developer of VideoLAN states that the organisation noticed that its website was block in 2022, without any prior notice.
The blocking of the website for the popular media player VLC was widely cover by news organisations, while eliciting responses from users on social media.
The IFF on Tuesday said that it help draft the legal notice sent to DoT and MeitY.
The organisationās legal notice states that the VideoLAN website was block by the DoT without any prior notice, or providing an opportunity of a hearing.
It also states that the DoT did not follow the procedure under Rule 8 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 and the ruling of the Supreme Court in the landmark Shreya Singhal v. Union of India case.
As per the IT Rules, 2009, officials responsible for blocking orders are require to make reasonable efforts to identify the originator or intermediary, issue notice, provide a hearing before the concern authority, and provide a copy of the reason blocking order.
The legal notice says that it has six months since the blocking of the website was first report, and the reasons for the blocking have not yet communicate to the organisation, which has also not receive a notice of hearing or a copy of the reason blocking order.
Stating that the blocking of the URL affects the fundamental rights of Indian users of VLC who have a right to receive information freely available on the VideoLAN website, the notice states that the blocking of the URL is also in violation of international obligations to protect free speech in India under Article 19 of the International Covenant on Civil and Political Rights.
VLCās developers also state that the ban on the website for the media player was shocking, because the government has endorse the use of VLC as part of the Digital India programme.
MeitY has promoted the use of open source and open technologies.
Popular open source software use around the world includes VLC Media Player, Mozillaās Firefox browser and Thunderbird email client, LibreOffice, WordPress, and Inkscape.
It is also worth noting that the ban on the VideoLAN website in India could force millions of users to download the application through third-party websites, which increases the risk of infection from malicious software.
VLC Media Player for other platforms remains available to download via the Google Play store and the App Store.
In June 2022, the IFF fileĀ a Right to Information (RTI) application with the DoT seeking information related to the ban of the VideoLAN website in India.
The RTI application was transfer to MeitY, and the digital liberties organisation receive a response that no information was available with the ministry.
VideoLAN has ask the DoT to provide the organisation with a copy of the reason blocking order issue for blocking of the URL, as well as an opportunity to defend the organisationās case through a virtual hearing.
The notice also states VideoLAN will be compelled to initiate legal proceedings against the DoT for failing to protect the organisationās rights under the Constitution of India and international law.
