Takedown notices to IFF, SFLC came from impostor, not Delhi Police: X tells High Court

Social media platform X told the Delhi High Court on Friday that notices seeking the removal of the accounts of the Internet Freedom Foundation (IFF) and the Software Freedom Law Center (SFLC) were sent by an impostor and not the Delhi Police.

The submission was made before Justice Amit Mahajan during the hearing of petitions filed by IFF and SFLC challenging the takedown notices.

X's counsel told the court that the accounts would not be taken down. The platform also said it had conducted an internal investigation and filed a complaint with the Delhi Police.

Following the submission, the court disposed of the petitions filed by the two organisations.

One of the disputed notices alleged that the organisations had published defamatory content against the Rashtriya Swayamsevak Sangh (RSS). It invoked Section 356 of the Bharatiya Nyaya Sanhita (BNS), which deals with criminal defamation.

Another notice covered 40 URLs, including posts and the entire X accounts of IFF, SFLC, and Geo Blocked in India. It also sought the removal of posts by 16 other users who had commented on the controversy.

IFF and SFLC challenged the legality of the notices. They argued that criminal defamation is a non-cognisable offence and that police cannot investigate it without a Magistrate's order. They also contended that seeking the removal of entire accounts was disproportionate and violated the right to freedom of speech under Article 19(1)(a) of the Constitution.

In its petition, SFLC said attempts to verify the notices with the Delhi Police and X had failed. Emails sent to the addresses mentioned in the notices were returned as "undeliverable".

The controversy began on October 29, when IFF, SFLC and Geo Blocked in India received a legal notice purportedly issued in the name of the RSS. The notice asked them to stop opposing government blocking directions and documenting restricted content.

IFF said several RSS office-bearers later clarified on X that the notice was not authentic.