The top court’s observation signals a potential recalibration of the content moderation framework under Indian law. Photo: File photo The top court’s observation signals a potential recalibration of the content moderation framework under Indian law. Photo: File photo

The Supreme Court on March 3 observed that social media posts should not be removed without first notifying the individuals who published them. If the individuals cannot be identified, a removal notice can be served only to the intermediary (the social media platform), HT reported.

A bench of Justices Bhushan R. Gavai and A.G. Masih expressed this initial stance during the hearing of a petition filed by the Software Freedom Law Center India (SFLC), represented by senior advocate Indira Jaising.

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“Prima facie, we feel that the rule has to be read in a manner that whenever a person is identifiable, notice should be given to them. We will consider this,” said the bench,betef issuing notice to the Union government and seeking a response within three weeks.

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The top court’s observation signals a potential recalibration of the content moderation framework under Indian law, balancing state interests with the fundamental right to free speech.

The petition calls for the implementation of procedural safeguards under the Information Technology (Procedure and Safeguards for Blocking Access to Information by the Public) Rules, 2009. Filed by advocate Paras Nath Singhbet03, the plea argues that the current framework fails to uphold natural justice principles, as content creators are frequently not notified before their posts are removed.