India restricts content takedown powers amid dispute with Musk's X
What's the story
The Indian government has narrowed down the scope of officials authorized to order online content removal. The move comes after a legal dispute with Elon Musk's social media platform, X. Earlier, thousands of officials had the power to issue takedown orders. Now, only bureaucrats of joint secretary rank or higher and police officers at deputy inspector general rank or above are empowered to do so.
Policy dispute
X's legal battle against India's content-removal policy
Musk's X has been opposing Prime Minister Narendra Modi's 2023 decision to police the internet. The policy allowed thousands of officials to file takedown orders. In August, Reuters reported that police inspectors were using these powers against cartoons and satirical posts. This led to one of X's most high-profile legal challenges against a government's content-removal policy.
Legal outcome
Court dismissed X's plea last month
In September, the Karnataka High Court dismissed X's challenge against the content-removal policy. The judge ruled that the platform must abide by local laws. Following this, India's IT ministry revised its policy late Wednesday, restricting takedown orders to top bureaucrats and police officials. Now, only those of joint secretary rank or higher in bureaucracy and deputy inspector general or above in police can issue such orders.
Policy modifications
'Government reducing its earlier powers'
The changes in the policy are aimed at ensuring "additional safeguards to ensure senior-level accountability, precise specification of unlawful content and periodic review of government directions at (a) higher level," a government statement said. However, Akash Karmakar from Indian law firm Panag & Babu who specializes in technology law, said while the government is reducing its earlier powers that extended to many more officials, the number of those who can issue orders will still be in hundreds.
Additional requirements
New rules mandate reasoned intimation
The new rules also mandate that content takedown orders be supported by a "reasoned intimation," clearly specifying the legal basis and statutory provision invoked, as well as the nature of the unlawful act. The earlier rules didn't have such requirements. Further, takedown orders will now be "subject to periodic review" by an officer of secretary rank once a month.