4th March 2025 (14 Topics)
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SC to Examine Plea on Social Media Content Blocking
Context
The Supreme Court of India has agreed to hear a petition challenging the blocking of social media accounts and content without prior notice to the creator. The petition seeks to revoke Rule 16 of the Information Technology (Procedure and Safeguards for Blocking for Access to Information by Public) Rules, 2009, which permits the government to block content without informing the originator.
Key Issues Raised in the Petition
- Lack of Prior Notice to Content Creators: Under the 2009 Rules, only social media platforms like X (formerly Twitter) receive a notice, while the original content creators are not informed before their content is blocked.
- This violates the principles of natural justice and the fundamental right to freedom of speech and expression (Article 19(1)(a)).
- Discretionary Power Under Rule 8 of the IT Rules, 2009: Rule 8 allows authorities discretionary power on whether or not to inform the originator. This creates "unguided discretion", leading to arbitrary blocking of content.
- Fundamental Rights Violation: Blocking content without notice infringes upon Article 19(1)(a) (freedom of speech) and Article 21 (right to life and personal liberty).
- The lack of transparency leaves the content creator without legal recourse.
Legal Framework Governing Online Content Blocking in India
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