Meta accused of stepping up takedowns of protest content

Why in the News

Meta is reported to be removing protest and political reels after routing takedown requests through the Ministry of Home Affairs Sahyog portal. The conflict is between the state’s power to order content removal and the citizen’s right to free speech online.

What is Section 79(3)(b) of the Information Technology Act, 2000?

1. Safe harbour condition: Section 79 gives intermediaries legal immunity for user content, conditional on acting on a government or court order.
2. Takedown trigger: Under 79(3)(b), an intermediary must remove content on receiving actual knowledge through such an order.

How does this differ from the Section 69A route?

1. Procedural safeguards: Section 69A blocking requires a reasoned order and a review committee, with recorded justification.
2. Weaker check: The 79(3)(b) route lacks the same documented safeguards, enabling faster and broader removals.
3. Portal channel: Requests are routed through the MHA’s Sahyog portal, widening the volume of takedowns.

Why does this raise a free speech concern?

1. Political speech: Removal of protest reels targets expression at the core of Article 19(1)(a) protection.
2. Opaque process: Users often receive no reasoned order they can challenge.

What is the state’s justification?

1. Public order: Removal is defended on grounds of preventing unrest and misinformation.

Conclusion

The dispute is over whether a fast track takedown route bypasses the procedural checks that protect online speech. The unresolved question is whether courts will require 69A style safeguards for 79(3)(b) removals.

Back2Basics: Shreya Singhal Judgment (2015)

1. Ruling: The Supreme Court struck down Section 66A of the IT Act for vagueness.
2. Section 79: It read down Section 79(3)(b) to require a court or government order before takedown.

Matching Previous Year Question

“[2014, GS2, 12.5 marks] What do you understand by the concept ‘freedom of speech and expression’? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.”