X has challenged government’s use of Section 79(3)(b) of Information Technology Act, 2000 (IT Act) to regulate & remove content on social media, arguing that it bypasses safeguards under Section 69A.
About Section 79 & 79(3)(b)
- Section 79: Grants safe harbour protection to intermediaries, shielding them from liability for user-generated content.
- Section 79(3)(b):Removes safe harbour protection if an intermediary fails to block/remove unlawful content upon government notification.
About Section 69A
- Section 69A: Allows government to issue orders blocking content only on grounds provided in Article 19(2) of Constitution which imposes ‘reasonable restrictions’ on freedom of speech.
- Shreya Singhal Judgment: Content can only be censored through the process provided under Section 69A or a court order.
MeitY Directive (2023)
- It issued a directive to all ministries, state governments, and police saying that information blocking orders could be issued under Section 79(3)(b).
- In 2024, MeitY launched a ‘Sahyog’ portal, where the aforementioned authorities could issue & upload blocking orders.
Issues Raised by X
- Misuse of Section 79(3) (b): It does not give government direct blocking powers, but only outlines conditions under which an intermediary loses its ‘safe harbour’ protection.
- Violation of Shreya Singhal judgment: MeitY’s directive bypasses procedural safeguards established by Supreme Court by treating Section 79(3)(b) as a content-blocking tool, instead of following Section 69A.
