Mon Mar 03 14:50:18 UTC 2025: **Supreme Court Challenges India’s Social Media Blocking Rules**
NEW DELHI, March 3, 2025 – The Supreme Court of India has sought a government response to a petition challenging the legality of rules allowing the government to block social media content without prior notice or a hearing. The petition, filed by the Software Freedom Law Center and represented by senior advocate Indira Jaising, argues that Rules 8 and 9 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, are unconstitutional.
These rules allow the government to block content, including in “emergency” situations, without informing the content creator. The petition highlights the lack of due process, including prior notice, reasoned orders, and an opportunity to be heard, leaving content creators without legal recourse. The court noted concerns about the arbitrary use of emergency provisions and the opacity of the process, exacerbated by Rule 16, which mandates confidentiality around blocking requests and actions.
Ms. Jaising argued that the right to notice and a fair hearing are fundamental to freedom of speech and expression. She cited instances where social media accounts were blocked without explanation, including that of senior advocate Sanjay Hegde. The petition also points to the blocking of several open-source software applications and social media accounts during the farmers’ protests.
The petition contends that while intermediaries receive notice of blocking actions, they are not obligated to defend the content creator, leaving them without representation. The petitioner seeks to amend the rules to require notice to both intermediaries and content creators, and to strike down Rule 16 as unconstitutional. The Supreme Court has issued a notice to the Union of India and the Ministry of Electronics and Information Technology, awaiting their response.
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