Supreme Court questions government on blocking social media posts without prior notice

New Delhi: The Supreme Court of India on Monday sought a reply from the government of India on taking down social media posts and blocking accounts without hearing the user (the originator of the post) or issuing a notice regarding the same. 

The apex court remarked that it is imperative to at least send a notice informing the user upon taking down an account or a social media post. 

During a PIL hearing filed by the Software Freedom Law Centre, challenging several IT laws implemented by the central government, SC prima facie expressed that “if a person is identifiable, then notice has to be given.” 

Upon hearing the matter, the SC bench stated, “Prima facie, we feel that if there is an identifiable person, then notice should be issued.” 

The petition argued that under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, the notice is only issued to the intermediary (social media platforms) but not to the “originator” of the information. 

The petition challenged the non-issuance of notice to the person, saying identifiable persons (only) who are using their own names on social media accounts shall be given notice by the authorities before taking down posts or blocking the account. 

This, the petitioner’s lawyer argued, will enable them to explain their stance on sharing the information which is to be taken down. The case is also challenging the “strict confidentiality” that is maintained by the central government after taking down a piece of information from social media. 

During the argument, the lawyer also highlighted how a senior lawyer of the Supreme Court, Sanjay Hegde, had his X account suspended “for years”, and no notice was issued to him mentioning the reasons for the takedown of the account. Failing to perform such compliances is a violation of principles of natural justice, the lawyer argued.