Section 9 RTI Act: Grounds for rejection to access in certain cases

Right to Information Act, 2005

Section 9 RTI Act at a Glance

Section 9 RTI Act allows a Central or State Public Information Officer to reject an information request when granting access would infringe copyright belonging to a person other than the State. Section 8 RTI Act exemptions continue to apply independently.

Section 9 RTI Act Bare Act Text

9. Grounds for rejection to access in certain cases.

Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

Section 9 RTI Act in Simple Words

Section 9 RTI Act gives a Central Public Information Officer or a State Public Information Officer a copyright-based ground to reject an RTI request. Where providing access to requested information would involve an infringement of copyright subsisting in a person other than the State, the officer may reject the request. Section 9 RTI Act uses the word 'may', so rejection is discretionary rather than compulsory, and the ground applies only when copyright belongs to someone other than the State. If copyright subsists in the State itself, Section 9 RTI Act does not permit rejection on copyright grounds.

Section 9 RTI Act operates without prejudice to Section 8 RTI Act, meaning Section 9 RTI Act works alongside Section 8 RTI Act without limiting any exemption in Section 8 RTI Act. Even where a request cannot be rejected under Section 9 RTI Act, such as when copyright belongs to the State or no copyright infringement would occur, the officer may still withhold information if an exemption in Section 8 RTI Act applies.

When Section 9 RTI Act Applies

  • A request for information is before a Central Public Information Officer or a State Public Information Officer.
  • Providing access to the requested information would involve an infringement of copyright.
  • That copyright subsists in a person other than the State, while all exemptions under Section 8 RTI Act remain unaffected.

Example of Section 9 RTI Act

Farooq in Srinagar files a written request under Section 6 RTI Act with a State public authority asking for full copies of a copyrighted engineering manual written by Girish, an independent consultant. The copyright in the manual subsists in Girish, a person other than the State, and providing full copies in response to the request would involve an infringement of Girish's copyright. Under Section 9 RTI Act, the State Public Information Officer may reject Farooq's request on that ground. If the copyright in a manual instead subsisted in the State, Section 9 RTI Act would not allow rejection on copyright grounds, though any applicable exemption under Section 8 RTI Act would still remain available.

When Section 9 RTI Act Does Not Apply

  • Requests where the copyright subsists in the State, because Section 9 RTI Act applies only to copyright subsisting in a person other than the State.

FAQs on Section 9 RTI Act

What is Section 9 RTI Act?▼

Section 9 RTI Act allows a Central Public Information Officer or State Public Information Officer to reject an information request where providing access would involve an infringement of copyright subsisting in a person other than the State. Section 9 RTI Act applies alongside, and without limiting, the exemptions in Section 8 RTI Act.

Can an officer reject an RTI request under Section 9 RTI Act when the State holds the copyright?▼

No. Section 9 RTI Act covers only copyright subsisting in a person other than the State, so State-held copyright is not a ground for rejection under Section 9 RTI Act.

Must the Public Information Officer always reject a request covered by Section 9 RTI Act?▼

No. Section 9 RTI Act says the Central Public Information Officer or State Public Information Officer may reject the request, giving the officer discretion rather than imposing a mandatory bar.

Can an applicant appeal a rejection made under Section 9 RTI Act?▼

Yes. Under Section 19 RTI Act, an applicant aggrieved by a Public Information Officer's decision may file a first appeal to a senior officer within 30 days. A second appeal lies to the Central Information Commission or State Information Commission within 90 days.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Right to Information Act, 2005 ·