SC to examine plea challenging Rules on online blocking of content

Supreme Court challenges government rules allowing social media content blocking without notice or fair hearing, sparking legal debate.

The Supreme Court on Monday (March 3, 2025) sought the response of the government on a plea challenging Rules empowering it to block content on social media platforms without prior notice or fair hearing to persons who upload them.

A Bench headed by Justice B.R. Gavai issued notice to the Union of India and Ministry of Electronics and Information on a writ petition filed by Software Freedom Law Center, represented by senior advocate Indira Jaising and advocate Paras Nath Singh, challenging provisions of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.

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Rules 8 and 9 make it optional for the government to inform the original creator of the online content about the proposed action to block it. In fact, Rule 9 allows the government to block content in cases of “emergency” with hardly a word to the creator of the information.

The petition said Rule 9 is put to arbitrary use as an emergency provision to block user content. Lack of prior notice, a reasoned order, a procedure to address grievances or even an opportunity to be heard leave online content creators in the dark without a legal recourse.

“There could be a mandate on the state to give notice to original creators if they are identifiable,” Justice Gavai remarked.

Ms. Jaising said the right to be put to notice and a fair hearing were intrinsic to the freedom of speech and expression. She recalled in court an episode when senior advocate Sanjay Hegde’s social media account was “taken down”. “For years together it was down,” she submitted.