Indian court mandates user transparency for social media content takedowns
Punjab and Haryana High Court rules that authorities must provide users with copies of content blocking notices at the same time they are issued to platforms.
The Punjab and Haryana High Court has ruled that authorities are legally required to provide social media users with a copy of any notice sent to a platform to block their content. The decision follows a legal challenge by the Haryana 24 News Network, whose Facebook page was blocked by local police without prior notification to the publisher.
Justice Tribhuvan Dahiya overturned the police notice, citing a breach of natural justice. The court noted that the Superintendent of Police who issued the order lacked the necessary authorization under India’s Information Technology (IT) rules, which require such actions to be initiated by senior officials. The court further criticized the lack of transparency, arguing that users cannot challenge censorship if they are unaware of the underlying allegations or the identity of the issuing agency.
This ruling carries broader implications for India’s content moderation landscape, particularly regarding the Sahyog portal used by agencies for rapid takedowns under Section 79(3)(b) of the IT Act. Previously, journalists and creators reported instances of content being restricted with only vague references to law enforcement notices, leaving them unable to appeal. This judgment establishes a mechanism for users to demand the evidentiary basis for digital takedowns.