Platforms were meant to notify users of government takedowns, says former official

Rakesh Maheshwari, a former Senior Director and Group Coordinator (Cyber Laws) at India's Ministry of Electronics and Information Technology (MeitY), stated on Monday that platforms were intended to notify users about government-mandated content takedowns. Speaking at an SFLC.in event in Delhi, Maheshwari addressed Section 79(3)(b) of the Information Technology Act.

He explained that amendments made in 2025 and 2026 aimed to limit the authority to issue takedown notices to a select few government officials, with added checks and balances, including monthly reviews. This statement followed Instagram's recent withholding of cartoonist Satish Acharya's account in India, citing this provision.

Maheshwari, who also oversaw Section 69A, differentiated the two mechanisms. Section 69A was designated for national security, relations with foreign states, and public order, requiring formal notice to the platform and deliberation by an inter-departmental committee. Section 79(3)(b), however, allows for notices to be issued by designated senior government officers without the same procedural steps.

Despite the intended safeguards, concerns have been raised about the practical application of Section 79(3)(b). Former MP Saket Gokhale commented that while notices may be officially issued by a designated officer, the actual drafting might be done by lower-ranking staff. He also pointed to the reduced appeal window as problematic for older content.

Maheshwari acknowledged that informing users was part of the original intent, but stated that MeitY does not always know the user's identity, leaving the responsibility to the platform. He emphasized that transparency was meant to be present and that banners were intended to serve as notification for removed content.