Satish Acharya's Instagram Account Withheld in India Under Contentious Legal Provision

Instagram has withheld the account of Indian editorial cartoonist Satish Acharya in India since Monday, September 28. The action was taken citing "legal requirements under India's Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules."

The specific legal basis provided for the restriction is Section 79(3)(b) of the Information Technology Act, 2000. This provision relates to an intermediary's due diligence and its responsibility to remove unlawful content upon government notice, failing which it risks losing safe harbor protections. This is distinct from Section 69A, which the Supreme Court previously upheld for content blocking in 2015, as it mandates a committee, a reasoned order, and a hearing for the user.

Acharya, whose cartoons are published by outlets including The South First, stated on X (formerly Twitter) on Sunday that some of his cartoons were being restricted. By Monday, his entire Instagram account was inaccessible. One of the restricted cartoons reportedly pertains to India's Election Commission. Instagram stated to Scroll that it had reviewed the content against its policies and "conducted a legal and human rights assessment," subsequently restricting content violating local law.

This marks the second instance in six months where Acharya's work has faced restrictions. In March, his cartoons were blocked on X under Section 69A, following an order from the Ministry of Electronics and Information Technology (MeitY). The current restriction, citing Section 79(3)(b), highlights a divergence in legal channels used for content moderation.

Several legal challenges questioning the use of Section 79(3)(b) as a tool for content takedowns have been consolidated and are now before India's Supreme Court. The case of Satish Acharya's account adds to the ongoing debate surrounding internet regulations, intermediary liability, and freedom of expression in India.