Following a troubling case involving AI-generated deepfake harassment, the Karnataka High Court has ordered the Center to begin steps to shut Proton Mail, a significant development that calls into question encrypted email services in India. The order is in response to a petition that was submitted by M Moser Design Associates, a Bengaluru-based company, alleging that Proton Mail was being used to send pornographic material to female employees.
Credits: LinkedIn
Deepfakes and Digital Harassment: The Alarming Incident
The petition filed by M Moser Design Associates reveals a chilling misuse of technology. Certain women employees of the firm reportedly received emails containing obscene material and AI-generated deepfake images—an act amounting to digital sexual harassment. The emails were sent using Proton Mail, a Switzerland-based encrypted email service known for protecting user anonymity.
The company approached the Karnataka High Court, requesting intervention to identify the perpetrators and secure digital evidence, especially since the emails originated from servers based outside India. The plea also emphasized the urgent need to preserve such evidence and invoke international legal cooperation mechanisms to track the sender.
The Call for Blocking Proton Mail
Taking the matter seriously, the court issued a mandamus to the Ministry of Home Affairs, Ministry of Electronics and Information Technology (MEITY), and Ministry of Communications. It ordered the ministries to initiate action under Section 69A of the Information Technology Act, 2000, read with Rule 10 of the IT (Procedure and Safeguards for Blocking) Rules, 2009.
Section 69A empowers the government to block access to any digital information or platform in the interest of sovereignty, integrity, defense, or public order. In this case, the court found merit in the argument that Proton Mail was being misused and needed regulatory scrutiny.
Jurisdictional Hurdles and Encryption Challenges
A major challenge lies in the cross-border nature of Proton Mail’s operations. Although users can select India as their location, the service’s servers are located in Switzerland. The petition highlighted that this lack of jurisdiction hampers Indian law enforcement agencies from gaining access to crucial information.
Moreover, Proton Mail’s end-to-end encryption and no-log policies make it particularly difficult to trace senders, making it both a haven for privacy and, unfortunately, a potential tool for malicious actors.
Previous Alerts: This Isn’t the First Time
Interestingly, this is not the first time Proton Mail has come under Indian authorities’ radar. The Tamil Nadu Police had previously raised concerns over its misuse in sending bomb threats to schools. In another case before the Delhi High Court, the Ministry of Home Affairs and the Delhi Police were asked to investigate Proton Mail’s usage after it was allegedly used for sensitive family communications in a habeas corpus case.
In March 2025, MEITY clarified to the Karnataka High Court that Proton Mail had not been blocked in India, stating that such action could only be taken upon a formal request from a Nodal Officer or through a competent court’s direction. That legal framework has now been activated with this latest ruling.
What Happens Next?
A detailed order from the High Court is still awaited, but the current directive sets a precedent. If Proton Mail is blocked in India, it will mark a rare instance of a popular encrypted communication platform being shut down on legal grounds related to public safety and cybercrime.
The move also reignites the global debate between digital privacy and national security. While encrypted services like Proton Mail are designed to protect whistleblowers, activists, and privacy-conscious users, their misuse can have severe consequences, especially when combined with emerging threats like deepfake technology.
Credits: The Indian Express
Conclusion: A Delicate Balancing Act
The ruling by the Karnataka High Court indicates a rising intolerance for unchecked digital anonymity when it puts people or national security at jeopardy. This case might be a turning point in how India responds to encrypted communication platforms that operate outside of its borders as the nation fortifies its cybercrime legislation and digital governance.
It is unclear if Proton Mail will be stopped, but the message is unmistakable: safety cannot be sacrificed for privacy.
