Health Ministry Takedown Notices: Health ministry issues takedown notices to 15 websites, here’s why – Times of India
The health ministry has reportedly issued ‘takedown notices’ to 15 websites selling e-cigarettes directing them to stop advertisement and sale of these products. According to a report, six more websites are on the radar.
Citing sources, news agency PTI reported that of these 15 websites, four have stopped operations.
“Four of the 15 online entities have responded and shut down their operations. We are still waiting for the remaining to respond, failing which further action will be initiated,” the official source stated.
“If they don’t respond and comply with the law, the health ministry will write to the ministry of electronics and information technology for taking down these websites. Legal action will also be taken against these websites accordingly,” the source was quoted as saying.
The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act prohibits the production, trade, storage and advertisement of e-cigarettes. The Act came into force in 2019.
The report also said that the ministry is also monitoring the advertisement and sale of e-cigarettes on social media and may be served notices soon.
What the notice said
The health ministry’s notice to the websites said:
We have identified that information relating to online advertisement and sale of illegal e-cigarettes, which is unlawful under Section 4 of the Prohibition of Electronic Cigarettes Act is being hosted, displayed, published, transmitted, and shared on your platform.
In light of the above, and under section 79(3)(b) of the Information Technology Act, 2000 (IT Act), and in pursuance of the government notification dated November 15, 2021, the undersigned is hereby authorised to direct you to disable access and or remove any information identified in the enclosed document without vitiating the evidence in any manner.
It warned that if these websites fail in complying with the directive, it “may amount to aiding/abetting the transmission of such unlawful information or conduct of such unlawful activity, as the case may be, and you may be prosecuted for hosting such information, data, or communication links”.
This will attract penalties under the IT Act and/or Prohibition of Electronic Cigarettes Act, the notice said. The online entities were asked to respond within 36 hours of receiving the notice.
Citing sources, news agency PTI reported that of these 15 websites, four have stopped operations.
“Four of the 15 online entities have responded and shut down their operations. We are still waiting for the remaining to respond, failing which further action will be initiated,” the official source stated.
“If they don’t respond and comply with the law, the health ministry will write to the ministry of electronics and information technology for taking down these websites. Legal action will also be taken against these websites accordingly,” the source was quoted as saying.
The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act prohibits the production, trade, storage and advertisement of e-cigarettes. The Act came into force in 2019.
The report also said that the ministry is also monitoring the advertisement and sale of e-cigarettes on social media and may be served notices soon.
What the notice said
The health ministry’s notice to the websites said:
We have identified that information relating to online advertisement and sale of illegal e-cigarettes, which is unlawful under Section 4 of the Prohibition of Electronic Cigarettes Act is being hosted, displayed, published, transmitted, and shared on your platform.
In light of the above, and under section 79(3)(b) of the Information Technology Act, 2000 (IT Act), and in pursuance of the government notification dated November 15, 2021, the undersigned is hereby authorised to direct you to disable access and or remove any information identified in the enclosed document without vitiating the evidence in any manner.
It warned that if these websites fail in complying with the directive, it “may amount to aiding/abetting the transmission of such unlawful information or conduct of such unlawful activity, as the case may be, and you may be prosecuted for hosting such information, data, or communication links”.
This will attract penalties under the IT Act and/or Prohibition of Electronic Cigarettes Act, the notice said. The online entities were asked to respond within 36 hours of receiving the notice.
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