SC issues notice to Centre on PIL challenging IT rules
What's the story
The Supreme Court of India, while hearing a Public Interest Litigation (PIL) challenging the blocking of social media accounts/posts without issuing notice to the account holder, orally remarked that notice must be issued to users. The bench, comprising Justices BR Gavai and AG Masih, said, "Both of us...prima facie, we feel that the rule has to be read in that manner...that if a person is identifiable, then notice has to be given."
Legal challenge
PIL challenges IT rules on content removal
The PIL was filed by the Software Freedom Law Centre, challenging certain Information Technology (IT) Rules allowing content blocking without informing the content originator. Senior Advocate Indira Jaising, appearing for the petitioner, argued that not issuing notices to users violates principles of natural justice. She clarified their challenge isn't against the state's power to remove content but against not notifying identifiable users before doing so.
Rule revision
Petition seeks amendment of IT rules
The petition seeks amending Rule 16 to mandate notice issuance and hearing opportunities for content originators before passing final orders. It also seeks amendments in Rule 8 to ensure that both intermediaries and originators are served notices. Other reliefs sought include framing a notice format and revealing cases where blocking was done without informing the originators/intermediaries.
Government response
Court issues notice to Union government
Jaising also cited the case of Senior Advocate Sanjay Hegde, whose social media account was suspended without notice for years. "No notice and for years it was not not made online. I am not giving personal examples.. but this is in public domain," Jaising pointed out. Responding to these arguments, the court has issued a notice to the Union Government seeking its response on these issues within six weeks.