Punjab and Haryana High Court mandates user notification for social media takedowns

The Punjab and Haryana High Court has ruled that authorities must provide social media users with a copy of any takedown orders sent to platforms. While the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, do not explicitly mandate notifying the user, Justice Tribhuvan Dahiya observed that this requirement is an essential obligation rooted in the principles of natural justice.

The ruling came following a petition by Haryana 24 News Network Private Limited, which challenged the blocking of its Facebook page by the Yamuna Nagar Superintendent of Police. The police had argued the page was used to intimidate victims in an extortion case involving a company director.

In addition to the notification requirement, the Court set aside the blocking order because it was issued by a Superintendent of Police, whereas the rules require such communications to be issued by an officer of the rank of Deputy Inspector General of Police (DIGP) or above. The Court directed Facebook to restore the company's page.