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Punjab and Haryana High Court rules that social media users must receive copies of government content-blocking orders (Img: X)
Chandigarh: The Punjab and Haryana High Court has ruled that social media users must be provided with a copy of the government’s content-blocking order when it is communicated to a platform. The court said the requirement is essential to ensure fairness, protect the principles of natural justice and allow affected users to challenge such action.
The ruling came in a petition filed by Haryana 24 News Network Private Limited after Meta blocked its social media page in India on August 21, following an order issued by Haryana Police.
Justice Tribhuvan Dahiya observed that the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, do not expressly require authorities to notify users before sending blocking instructions to social media platforms.
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However, the court held that users must receive the relevant intimation to effectively exercise their right to seek redressal through the platform’s grievance mechanism. The bench noted that a post-decisional hearing would be meaningful only if the affected user knew about the action taken, the contents of the government’s communication and the material relied upon to issue it.
Without this information, the court observed users would be unable to defend themselves, undermining the purpose of the grievance redressal process.
The court also found fault with the authority that issued the blocking order in this case. The direction had been issued by the Senior Superintendent of Police (SSP), Yamunanagar. Rejecting the government’s argument that the authority to seek blocking had been delegated to the SSP, the court held that the action violated the 2021 Rules. These rules require the authorised officer to be of a rank not below that of an Inspector General of Police (IGP).
The bench ruled that a copy of the government’s intimation must be furnished to the affected user when it is sent to the intermediary platform.
As part of its directions, the court ordered that the blocked social media page be restored within 24 hours of the certified copy of the order being issued. The ruling reinforces procedural safeguards for social media users and news platforms facing government-directed content blocking, particularly their right to know the grounds for action and seek an effective remedy.
