“Chinese App ‘Shein’ banned but sale of products on third-party platforms not included,” says Centre to Delhi HC

Last June, the government banned 59 Chinese-owned applications, including Shein, stating they were unfair to the sovereignty and justice of India, security of India, security of the state and public order.

The Centre has directed the Delhi High Court that Shein, the Chinese online retail brand for women’s clothing and accessories, was banned by it last year in India’s sovereignty and security of the State. Still, a blanket order against the sale of its products on third-party platforms cannot be passed under the IT Act.

Stating that the Shein app was found detrimental to the national security issues and was thus blocked, the government said that the sale of Shein’s products on a third-party platform is altogether a different aspect and is not covered under Section 69A.

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“A blanket order for blocking the sale of Shein products in other platforms/websites cannot be passed by the Committee constituted under section 69A of the IT Act, 2000,” the Center said in response to a petition demanding called for a ban on the sale of Shein products on Amazon India. Following the petition, Amazon announced the sale of Shein’s products on its website during the “Prime Day” sale scheduled for July 26-27.

In the plea, petitioner Ananttika Singh said she had stated explicitly to Amazon that the Chinese brand would have access to the personal and sensitive data of millions of Indian citizens by selling Shein products on its platform.

Referring to the government’s ban on Shein, the petition states that “once it was determined that the importation of ‘Shein’ and its products provided access to information generated by a computer source, which is detrimental to the interests and sovereignty of India, it cannot be allowed to circumvent the law by using a third-party platform.”

Last June, the government banned 59 Chinese-owned applications, including Shein, stating they were unfair to the sovereignty and justice of India, security of India, security of the state and public order. Acknowledging the petition, the Centre has stated that every event infringing the provisions of Section 69A associated with the already blocked content has to be listed separately by following the due process under the Blocking Rules, 2009.