No takedowns without creator's response: SC

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.

- Utkarsh Anand

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.