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No takedowns without response from creator
Hindustan Times Rajasthan
|March 04, 2025
Social media posts should not be removed without a response from the individuals who published them, and only when these people can't be identified can a notice for removal be served solely to the intermediary (the social media platform), the Supreme Court observed on Monday.
NEW DELHI:
While this is a preliminary view, and more in the nature of an observation, it does provide some hope to individuals who believe their content is being unfairly censored.
A bench of Justices Bhushan R Gavai and AG Masih indicated a preliminary view that when an identifiable person is involved, a notice must be issued to them before blocking the content, as it heard a petition filed by the Software Freedom Law Center India (SFLC), represented by senior advocate Indira Jaising.
"Prima facie, we feel that the rule has to be read in a manner that whenever a person is identifiable, notice should be given to them. We will consider this," said the bench, issuing notice to the Union government and seeking a response within three weeks.
The top court's observation signals a potential recalibration of the content moderation framework under Indian law, balancing state interests with the fundamental right to free speech.
This story is from the March 04, 2025 edition of Hindustan Times Rajasthan.
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