Can Social Media Posts Be Removed Without Notice? Supreme Court Asks Centre

The Supreme Court of India has raised concerns over the practice of removing social media posts without notifying the account owner. A Bench of Justices BR Gavai and Augustine George Masih, while hearing a plea filed by the Software Freedom Law Centre, remarked that if a post can be traced to an identifiable individual, they must be given an opportunity to be heard before any takedown.

“Prima facie, we both feel that if there is an identifiable person, then notice should be issued,” the Bench stated.

The petition highlighted how intermediaries like X (formerly Twitter) remove posts on government directives without informing the person who originally posted them. Senior Advocate Indira Jaising, representing the petitioner, argued that the current legal framework allows authorities to serve takedown notices either to the intermediary or the individual, often excluding the latter.

“This is happening because of the word ‘or’ in the law. The rule further says such a notice is confidential, which is a nail in the coffin,” Jaising contended. “I am not disputing the power to take it down, but the person who put it out must be heard. The challenge is under Article 19(1)(a).”

The Court acknowledged her argument, stating, “If a person is identifiable, then he has to be given notice, and if not, then the intermediary. It can be read in that manner also.”

Jaising also cited the case of Senior Advocate Sanjay Hegde, whose Twitter account was suspended for years without any hearing. “Yes, a senior lawyer of this court, Mr Sanjay Hegde’s X account was taken down. No notice, and for years it was not made online,” she pointed out.

Following these discussions, the Supreme Court has sought a response from the Central government on the issue, setting the stage for a significant debate on digital free speech and due process.