SC notice to Centre over blocking social media accounts

New Delhi:The Supreme Court on Monday issued a notice to the Centre in response to a plea challenging the blocking of social media accounts and posts without affording account holders an opportunity to be heard. A bench comprising Justices B.R. Gavai and Augustine George Masih sought the Centre's response regarding the petition, which seeks to quash Rule 16 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.

"We prima facie feel that the rule should be interpreted to require that notice be given if a person is identifiable," Justice Gavai stated, agreeing to hear the plea.

The petition contends that immediate intervention by the apex court is crucial to safeguard the fundamental right of speech and expression, which underpins both individual liberty and the democratic fabric of society. Relying on Section 69A of the Information Technology Act, 2000 — which empowers authorities to block public access to information via any computer resource — the plea seeks directions that intermediaries and content originators receive prior notice before any content is taken down.

Senior Advocate Indira Jaising, appearing for the petitioner Software Freedom Law Centre, argued that the current rules fail to provide the originator of information an opportunity to be heard. "The challenge is not that the government lacks the power to remove information, but that, in doing so, notice should be given to the person who has put that information in the public domain," she said.

The petition further criticises Rule 8 of the 2009 Rules for vesting "unguided discretion" in authorities over whether to issue a notice to the originator, effectively bypassing the rules of natural justice. Citing numerous instances where websites, applications, and social media accounts have been blocked without notice or explanation, the plea asserts that the current regime infringes on citizens' fundamental rights under Articles 19(1)(a) and 21 of the Constitution, leaving them "confronted with the inscrutable face of a sphinx."

The Court has now directed the Centre to respond to the notice, with further hearings expected as the matter unfolds.