The Supreme Court has agreed to examine a plea challenging the government’s authority to remove content from social media platforms without informing the account owner. The court will review whether the existing rules violate principles of natural justice.
On Monday (3rd March), a bench led by Justice BR Gavai noted that, at first glance, the government should notify the affected individual before directing content removal. However, under current Information Technology (IT) Rules, takedown orders are sent only to the social media platform in a confidential manner, without informing the user.
Senior advocate Arvind Datar, representing the petitioner, argued that this lack of notice is unfair. The plea highlighted the case of Supreme Court senior advocate Sanjay Hegde, whose account on X was taken down without prior warning.
Considering these arguments, the Supreme Court has now issued a notice to the Centre, seeking its response on the legal framework governing takedown orders.