In HC, Centre defends use of IT Act for takedown notices

IN ITS STATEMENT OF OBJECTIONS FILED BEFORE HC, THE CENTRE HAS SOUGHT DISMISSAL OF X'S PLEA WITH EXEMPLARY COSTS

- Aditi Agrawal

NEW DELHI: Rebuffing X's challenge against takedown notices issued under Section 79(3)(b) of the Information Technology Act, the Centre on Thursday submitted that this mechanism complements rather than "eviscerates" the Section 69A blocking process. The government called X's conflation of these processes an attempt to evade intermediary obligations while retaining protection from liability for third-party content.

The Centre cited the Supreme Court's recent Ranveer Allahabadia case observations to argue that even the apex court recognised problems posed by unlawful content on social media and the importance of intermediaries' due diligence obligations.

In its statement of objections filed before the Karnataka high court, a copy of which HT has seen, the Centre has sought dismissal of X's petition with exemplary costs. Justice M Nagaprasanna heard the matter briefly, with solicitor general Tushar Mehta representing the Centre and senior advocate KG Raghavan appearing for X. The short hearing was adjourned for April 3.

In its written submission, the Centre argued that Section 79's safe harbour protection is not a constitutional right but "intrinsically hedged" with intermediary duties. It characterised this as "conditional protection" available only when "due diligence is demonstrably exercised."