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New Delhi: The Indian government has revised its rules governing online content removal, limiting the authority to issue takedown orders to senior officials. Effective November 15, only bureaucrats of joint secretary rank or higher and police officers at the deputy inspector general level or above can request content removals. This move follows a legal dispute with Elon Musk’s social media platform X, formerly known as Twitter.
Background of the Dispute
In August, Reuters reported that police inspectors had issued takedown orders targeting cartoons and satirical posts, prompting one of X’s most high-profile legal challenges to a government’s content-removal rules. X had expressed concern that millions of police officers could issue arbitrary takedown orders through the Sahyog online portal, bypassing judicial review and due process, and exposing platforms to criminal liability for non-compliance. The platform also said the regime violated Section 69A of the IT Act and Supreme Court rulings.
Government’s Response
In response to the legal challenge, the Ministry of Electronics and Information Technology amended the guidelines to enhance transparency and accountability. Under the new framework, takedown orders must be supported by a reasoned intimation specifying the legal basis and statutory provision invoked, the nature of the alleged unlawful act, and the URL or other electronic location of the content in question. Each order will also be subject to monthly review by an officer of secretary rank to ensure actions remain necessary, proportionate, and consistent with the law.
Legal Developments
In September, the Karnataka High Court dismissed X’s petition challenging the authority of government officials to issue information blocking orders. The court emphasized the importance of regulating social media, particularly in cases involving offenses against women, to uphold citizens’ constitutional rights to dignity.
Implications
While the revised regulations narrow the scope of officials authorized to issue takedown orders, the process of challenging such orders remains onerous and places the burden of proof on users, potentially limiting free expression. Legal experts have noted that although the government has reduced its powers, the number of officials who can issue orders will still be in the hundreds.