Supreme Court Seeks Centre's Response on Social Media Blocking Without Notice

The Supreme Court has demanded the Centre's explanation on a PIL against blocking social media content without user notice. The Software Freedom Law Centre claims that intermediaries like X (formerly Twitter) remove posts sans user notification, a breach of natural justice principles.

The Supreme Court has issued a notification to the Centre after a Public Interest Litigation was filed, challenging the practice of blocking social media accounts or posts without notifying the account holder. Justices BR Gavai and Augustine George Masih requested a response from the Centre within six weeks regarding this issue raised by the Software Freedom Law Centre. The plea highlights that platforms, such as X (formerly known as Twitter), often take down posts following government instructions without informing the account operator.

Representing the petitioner, senior advocate Indira Jaising argued that while the government has the right to remove content, it is essential to notify the individual who posted the content to uphold natural justice principles. The existing law requires that notice should be served either to the person responsible or the intermediary, Jaising pointed out.

During the proceedings, the bench expressed a preliminary view that if the post's author can be identified, then the individual deserves a hearing before the post's removal. The petitioner is contesting specific regulations within the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. However, Jaising clarified that the challenge does not question the government's authority to order removals under Section 69A of the IT Act, but rather the lack of notification to the person who shared the information publicly. (ANI)

(With inputs from agencies.)