MeitY Secretary stresses prudence in government takedown orders of online content
S Krishnan stresses the need for prudence, clarity, and standardised formats in notices to social media firms, ISPs, and search engines under the IT Act, amid rising judicial scrutiny and fake news challenges.
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Ministry of Electronics and Information Technology (MeitY) Secretary S. Krishnan has called on officials to exercise greater caution and clarity while issuing takedown notices to online intermediaries such as social media platforms, internet service providers, and search engines.
Speaking at a workshop in New Delhi, Krishnan reportedly said that notices issued under the Information Technology Act, 2000, and the IT Rules, 2021, must be written in clear and precise language, supported by relevant legal provisions and presented in an appropriate format.
His remarks come in the backdrop of the ongoing legal battle between the government and social media platform X (formerly Twitter) over takedown orders. Last month, the Karnataka High Court dismissed X Corp’s plea challenging the constitutionality of the Centre’s Sahyog portal- a digital platform designed to automate and streamline the issuance of takedown notices to intermediaries.
Krishnan emphasised that executive powers “must be exercised in a prudent manner so that they withstand judicial scrutiny and also balance the fundamental rights guaranteed under the Constitution of India.”
Read more: Centre's safe harbour framework 'Sahyog' becoming a censorship apparatus? Experts weigh in
He also highlighted the importance of distinguishing between various legal provisions available to the government when ordering the removal or disabling of unlawful online content.
Under Section 69A of the IT Act, 2000, the government can block access to online content that threatens national security, public order, or relations with foreign states. Section 79, meanwhile, outlines intermediaries’ responsibilities and their potential liability in cases of non-compliance - though final adjudication lies with the judiciary.
During the workshop, MeitY reportedly urged all stakeholders to adopt uniform practices and ensure that notices include essential elements to promote clarity, consistency, and effective implementation. The session was attended by officials from the Indian Cyber Crime Coordination Centre, the Department of Legal Affairs, and the Indian Army, among others.
