New Delhi [India], March 3 : The Supreme Court on Monday issued a notice to the Centre in response to a Public Interest Litigation (PIL) challenging the blocking of social media accounts and posts without notifying the account holder who uploaded the content.
A bench comprising Justices BR Gavai and Augustine George Masih sought the Centre’s response within six weeks on the plea filed by the Software Freedom Law Centre. The plea argued that intermediaries like X (formerly Twitter) often remove tweets under government instructions without informing the account owner.
Senior advocate Indira Jaising, representing the petitioner, stated that although the government holds the authority to remove posts, it is essential to issue notice to the person who posted the content. Not doing so, she argued, violates the principles of natural justice. Jaising further highlighted that the existing law mandates such notice be issued to either the person or the intermediary involved.
The bench, during the hearing, opined that if an identifiable person is behind the post, they should be given an opportunity to be heard before any action is taken to remove the post. The petition challenges specific provisions of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.
Jaising clarified that the petition does not question the government’s power to order the removal of posts under Section 69A of the IT Act but challenges the failure to issue notice to the person who made the post publicly accessible.