Yesterday, the Delhi High Court ordered the Indian government to censor access to Proton Mail, a Swiss-based private email service. This decision follows the email service’s use to send hoax bomb threats to Tamil Nadu’s local schools. Earlier this week, the Tamil Nadu police department demanded punitive action be taken against the platform. This decision comes after their outspoken criticism of its improved security features.
It all began back in January, when M Moser Design Associates—the New Delhi–based design firm—filed a complaint. Further, they’re demanding that the government either regulate, or outright ban, Proton Mail in India. That complaint led the court to order an independent assessment of the platform’s rollout nationwide. In October 2024, Justice M Nagaprasanna of the Karnataka High Court also demanded a meticulous investigation into the abuse of Proton Mail. He called on law enforcement to respond with strong action.
As the Indian government’s Information Technology ministry previously entered compliance with such directives, it quickly followed up with a notice to internet service providers to block Proton Mail. The court’s ruling aligns with concerns raised about the platform’s refusal to share information regarding senders of allegedly offensive emails, despite a police complaint lodged against it.
“Blocking access to Proton Mail simply prevents law-abiding citizens from communicating securely and does not prevent cybercriminals from sending threats with another email service, especially if the perpetrators are located outside of India.” – Proton
The Karnataka High Court supported the government’s decision to block Proton Mail. This step followed a legal settlement filed by M Moser Design Associates. Additional Solicitor General Aravind Kamath, representing the Indian government, indicated that criminal courts might seek the necessary information from Swiss authorities regarding users of the service.
Historically, the Indian government has gone to great lengths to prevent people from using Proton Mail. Privacy and legal jurisdiction concerns prompted a dramatic intervention from Swiss federal authorities. Therefore, as in many cases where bold initiatives are introduced, the Indian government probably has little room for error when it comes to the service’s transgressions.
Since its launch, Proton Mail has become immensely popular among privacy-conscious users looking to keep their communications secure and out of the government’s hands. The fuel for that conversation lies in these ongoing legal debates over how to balance privacy rights with public safety concerns.
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