New Delhi, May 29
A Public Interest Litigation (PIL) has been filed before the Delhi High Court challenging the legal validity of the powers exercised by the Delhi Police to seek the removal or blocking of online content from digital platforms and social media websites.
The plea, filed by digital rights activist Mukesh Sharma, argues that the Delhi Police—without express statutory backing—has been routinely issuing takedown requests to platforms like X (formerly Twitter), Meta, YouTube, and others, often citing threats to public order or ongoing investigations.
PIL Alleges Lack of Statutory Framework
The PIL questions the legal authority of police departments to act as content regulators, contending that the Information Technology Act, 2000, and the Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, do not empower local police forces to unilaterally seek content takedown.
The petition asserts that such actions bypass due process, lack transparency, and pose a serious threat to freedom of speech and expression under Article 19(1)(a) of the Constitution.
It further raises concern that citizens and content creators are not given an opportunity to contest or respond before their content is blocked, in violation of natural justice principles.
Background of Content Removal Practices
In several recent incidents, social media users have received notices or seen their content taken down based on requests purportedly issued by the Delhi Police’s Cyber Crime Unit. These notices often cite vague reasons such as “public safety” or “defamation,” without a court order or detailed reasoning.
The PIL seeks a declaration that only the central government, through its designated officers under Section 69A of the IT Act and in accordance with due process, can direct intermediaries to remove online content.
What the Petition Seeks
The petitioner has requested the court to:
• Declare Delhi Police’s takedown practices as ultra vires (beyond legal authority),
• Issue guidelines regulating police involvement in online content regulation, and
• Ensure transparency and judicial oversight in content removal decisions.
The Delhi High Court has issued notice to the Union Ministry of Electronics and Information Technology (MeitY), Delhi Government, and Delhi Police, seeking their response before the next hearing, scheduled in mid-June.
