Should not take down digital content without creator's response: SC
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New Delhi: The Supreme Court of India observed on Monday that social media posts should not be removed without a response from the individuals who published them. The top court also opined that only when the author of a particular post cannot be identified should a notice be issued for removal from the social media platform. However, the observation is not a ruling but a preliminary view, Hindustan Times reported.
According to the bench of justices Bhushan R Gavai and AG Masih, when an identifiable person is found behind a contented post, a notice must be issued to them before blocking it. The court was hearing a petition filed by the Software Freedom Law Center India (SFLC), represented by senior advocate Indira Jaising.
The court issued a notice to the Centre and sought a response on the matter, saying, “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,” HT quoted.
The court asked the Centre to file a response in three weeks.
The petition by the SFLC demanded procedural safeguards under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. The plea contended that the existing framework does not adhere to principles of natural justice, as content creators are often not notified before their posts are taken down, HT reported.