Indian IT Ministry faces scrutiny over account blocking procedures
Journalist Ila Kazmi’s Instagram account block has triggered a debate on the conflicting application of India’s IT Act, as authorities struggle with inconsistent enforcement.
Since September 2026, journalist Ila Kazmi’s Instagram account has been blocked in India, an action that has highlighted operational confusion within the Ministry of Electronics and Information Technology (MeitY). When Kazmi inquired about the status of her account, she received a response from the ministry’s 'Designated Officer, Section 69A Cell,' who stated the account was blocked under Section 79(3)(b) of the IT Act—a distinct legal mechanism from the one the officer’s department typically manages.
Legal experts note that Section 69A, as established by the Supreme Court in the 2015 Shreya Singhal case, requires a committee-based process including hearings and reviews. Conversely, Section 79(3)(b) serves to remove legal immunity for platforms when they fail to take down content flagged as unlawful. Unlike Section 69A, the latter provides no explicit opportunity for affected users to be heard. The overlap between these authorities, often facilitated by the Sahyog portal, has created a scenario where users are unable to discern which agency issued a takedown order.
Recent regulatory changes in late 2025 aimed to increase accountability by requiring senior officials to sign off on takedown requests. However, these changes have not addressed the lack of procedural transparency. Local law enforcement agencies, operating through the Sahyog portal, frequently initiate these requests, yet government bodies continue to provide ambiguous justifications to affected individuals.
Kazmi’s current legal petition argues that Section 79(3)(b) does not authorize the wholesale withholding of an entire account, which functions as a medium for speech rather than specific illegal content. The Delhi High Court has since ordered the involved ministries and Meta to disclose the specific orders behind the blocking, a move that may clarify how Indian authorities utilize these powers moving forward.