Digital rights advocacy group SFLC.in has filed a writ petition before the Delhi High Court, challenging a December 2024 notification by the Delhi Lieutenant Governor that empowers Delhi Police officials to issue takedown notices for online content.
The L-G had designated the Delhi Police as the nodal agency under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, according to the petition.
The court issued notices to the L-G’s office and the Ministry of Electronics and Information Technology on Saturday asking for their response within six weeks. The matter is scheduled for hearing on September 17.
The petition contests the legality and constitutional validity of the L-G’s notification, arguing that such a designation lacks statutory backing. According to SFLC.in, neither Section 79 of the Information Technology Act, 2000 (exemption from liability of intermediary in certain cases) nor the IT Rules, 2021, confer any power on a state authority to appoint a nodal agency for content removal. It asserts that the authority to block or remove online content lies solely with the Central Government under Section 69A of the IT Act, read with the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 – making the notification ultra vires the parent law.
The civil liberties group warns that enabling the police to issue content takedown orders, without judicial or independent oversight, poses a serious threat to free speech. The petition claims that this could lead to unchecked censorship and arbitrary restrictions on constitutionally protected expression – violating Articles 19(1)(a) (freedom of speech and expression) and 21 (right to life and personal liberty) of the Constitution.
It also draws on precedent, including the Supreme Court’s landmark ruling in Shreya Singhal vs Union of India, which limited the powers of intermediaries and the government to restrict online content, and Madhyamam Broadcasting Ltd vs Union of India, which reinforced the importance of procedural safeguards in actions affecting fundamental rights.
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