The Government of India is preparing to take action against Proton Mail, the Switzerland-based encrypted email service, following a recent directive from the Karnataka High Court. The move comes amid growing concerns that the platform poses a threat to national security and is being misused for criminal activities within the country.
On Tuesday, the Karnataka High Court ordered the Union Government to initiate steps to block Proton Mail across India. The directive was issued by Justice M. Nagaprasanna in response to a petition filed by M Moser Design Associates India Pvt. Ltd., a private firm alleging harassment and cybercrime through the platform. Reportedly, central government officials have confirmed they will now closely examine the order and are seriously considering a nationwide ban.
This isn’t the first time Proton Mail has drawn the attention of Indian authorities. The Ministry of Electronics and Information Technology (MeitY) had earlier attempted to block the service at the request of Tamil Nadu police. However, the Karnataka High Court’s directive significantly raises the pressure on the government to take formal and permanent action.
The petitioner’s legal counsel, Advocate Jatin Saighal, argued that Proton Mail has consistently avoided Indian jurisdiction by hosting its servers overseas and refusing to cooperate with local law enforcement. He further alleged that the platform misrepresents server locations, allowing users to appear as though they are operating from within India, even when their data is stored abroad.
More seriously, the petition pointed to several bomb threats sent to Indian schools using Proton Mail accounts. It also highlighted deeply disturbing cases involving the company’s female employees receiving explicit, AI-generated deepfake images via Proton Mail. Despite police complaints, little progress has been made, reportedly due to the service’s lack of cooperation.
In court, the petitioner relied on Section 69 of India’s Information Technology Act, which empowers the government to block digital platforms that threaten national security, public order, or sovereignty. Justice Nagaprasanna upheld the petition’s validity, stating, “Until proceedings are taken up and concluded by the Government of India, the offending URLs mentioned in the petitions must be blocked forthwith.”
The central government now finds itself at a pivotal crossroads. Officials have acknowledged the seriousness of the matter and signaled their intent to act if formal court directions are issued. Government representatives also noted that India has a mutual legal assistance treaty with Switzerland, Proton Mail’s home country, and that it is possible to request user data through a formal judicial process known as a letter rogatory. However, even that process is unlikely to yield results given Proton Mail’s strong stance on user privacy and its zero-access encryption model.
In March 2024, Proton Mail responded to India’s earlier blocking attempts with a strongly worded blog post, calling the action “disproportionate” and a violation of the right to privacy. The company, based in Geneva, maintains that it cannot access the contents of users’ emails due to its end-to-end encryption technology, which even its own staff cannot override.
Critics argue that while such technology protects legitimate privacy, it also creates a haven for bad actors. Countries like Russia and Saudi Arabia have already banned Proton Mail over similar concerns, and India now appears to be heading in the same direction.
In a related development, the Karnataka court also referenced a prior ruling from the Delhi High Court in the Runa Devi case, where Proton Mail was similarly implicated. That case led to the Ministry of Home Affairs and Delhi Police being directed to investigate the platform.
The Government of India is now expected to move quickly. Legal experts believe that the combination of judicial pressure, national security concerns, and international precedent is likely to result in a formal ban on Proton Mail in the coming weeks.
Whether this signals the start of broader regulatory action against encrypted global tech platforms in India remains to be seen—but for Proton Mail, the clock may be ticking.