Indian govt limits content takedown power after spat with Elon Musk’s X, now only these officials can issue such orders

The Indian government has changed its policy regarding online takedown orders. indian ministry of informatics According to Reuters, the number of people who can give such orders to senior bureaucrats and police officials has decreased. This follows a bitter legal battle centered around a contentious policy with Elon Musk’s X. X (formerly Twitter) had opposed Prime Minister Narendra Modi’s decision to police the internet by allowing thousands of officials to issue takedown orders in 2023.

Who can order takedowns anymore?

In its amendment to the rules, the government said that only bureaucrats of the rank of joint secretary or above and police officers serving as deputy inspector general or above can issue dismissal orders. The change in rules will come into force on November 15.

The new rules also require that content removal decisions be supported by a “reasoned implication”, “clearly stating the legal basis and legal provision invoked, the nature of the unlawful act and the address of the website”.

X lost case in Karnataka HC

X lost the case filed in the Karnataka High Court in September; The judge ruled that his objection was unfounded and that X must comply with local laws. In August this year, Reuters reported that police investigators issued takedown orders on cartoons and satirical posts; This triggered one of X’s most high-profile legal challenges against the government’s content removal policy.

In the court challenge,

The government is preparing for new changes

The changes amount to “additional security measures, precise identification of illegal content and (a) higher periodic review of government guidelines to ensure high-level accountability,” the government said in a statement. Earlier, India had maintained that it was trying to curb the spread of illegal content and ensure online accountability.