Digital rights group moves HC against Delhi Police takedown powers
Digital rights advocacy group, Software Freedom Law Centre (SFLC.in), has filed a petition in the Delhi High Court challenging a recent notification by the Lieutenant-Governor (L-G) of Delhi that empowers the city's police to issue takedown notices for online content.
The notification designates the Delhi Police as the 'Nodal Agency' under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – a move SFLC.in claims lacked legal authority.
In its plea, the organisation argues that empowering police officers to issue unilateral takedown orders without judicial oversight is arbitrary and violates due process. The petition underscores the distinction between the investigative role of a police officer and the regulatory power to issue takedown notices under Section 69A of the Information Technology Act, 2000.
'Conflating these two distinct functions – investigation of offences and regulation of speech – results in a constitutionally impermissible overlap,' the plea said.
The petition asserts that only the Central government, under Section 69A of the IT Act, has the statutory authority to issue content takedown directives.
The court on Wednesday directed the Office of the L-G and the Ministry of Electronics and Information Technology to submit their replies within six weeks. The matter has been listed for further hearing on September 17.
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