India content blocking and intermediary liability

A Whole-Account Block Under Section 79(3)(b) Tests Whether India's Takedown Route Can Escape Section 69A's Safeguards

Delhi HC's order on a cartoonist's blocked Instagram account shows why takedowns under Section 79(3)(b) need notice, reasons and proportionality.

One Instagram Block, Many Open Questions People of Internet Research · India ~68,500 Account followers Followers of the restricted @gaura… 35 Agencies on Sahyog list Petition annexes a list of 35 agen… 17 Nodal officers listed SP/SSP Petition argues this rank is below… 48 hrs Minimum Rule 8 response time Blocking Rules 2009 give the notif… peopleofinternet.com
One Instagram Block, Many Open Questio… People of Internet Research · India ~68,500 Account followers 35 Agencies on Sahyog list 17 Nodal officers listed SP/SSP 48 hrs Minimum Rule 8 response time peopleofinternet.com

Key Takeaways

The case

In an order dated 30 October 2026, the Delhi High Court directed MeitY and the Home Ministry to give cartoonist Gaurav Sarjerao Yadav the reasons his Instagram account was restricted in India. MediaNama reported the order on 13 November. The account, @gauravsarjeraoart, has about 68,500 followers. It now shows "Account not available in India" and cites a legal request. According to the petition, the notice refers to Section 79(3)(b) of the IT Act. Yadav says he never received a copy, and that he was never told which authority issued it, which posts were at issue, or which law was violated.

The court disposed of the petition and preserved Yadav's liberty to pursue "appropriate remedies". It has not ruled on the legality of the block. It has only asked the state to explain itself. That is a modest order, but it points at a real gap.

The strongest case for the government

The state's case deserves a fair statement. Harmful content moves quickly. Impersonation, incitement and synthetic abuse can do damage in hours, and a formal blocking order under Section 69A can be slow. A faster channel that asks platforms to act on notices from authorised agencies is a defensible way to handle clearly unlawful material. On 24 September 2025, a single judge of the Karnataka High Court, Justice M. Nagaprasanna, accepted a version of this argument in X Corp v Union of India. He held that the Sahyog portal is a lawful mechanism under Section 79(3)(b) and Rule 3(1)(d) of the IT Rules 2021. He also held that Article 19(1)(a) is available only to citizens. SFLC.in reports that X Corp said it would appeal. I could not confirm the appeal's current status.

What the Supreme Court actually said

The difficulty is that the two statutory routes were designed with different safeguards. In Shreya Singhal v Union of India (24 March 2015), the Supreme Court upheld Section 69A in part because it is "a narrowly drawn provision with several safeguards". Reasons must be recorded in writing so that blocking orders can be challenged under Article 226. The originator is to be heard if identified. The Court then read down Section 79(3)(b). Knowledge that triggers a takedown duty must come from a court order or a notification by the government or its agency, and the order or notification "must strictly conform to the subject matters laid down in Article 19(2)". In the Court's words, unlawful acts beyond Article 19(2) "cannot form any part of Section 79".

The Blocking Rules 2009 add procedure to Section 69A. Rule 8 provides for notice to the person or intermediary with at least 48 hours to respond. Rule 16 requires "strict confidentiality" over requests and actions taken. Rule 16 itself is under challenge in the Supreme Court by SFLC.in. Even so, a 69A order exists on paper and a reviewable record exists behind it. A Section 79(3)(b) notice delivered through a portal may not leave the affected user any comparable record.

Why the Yadav facts matter

The petition's account of events shows the practical problem. On 18 October Yadav appealed through Instagram. Meta replied that it had not imposed the restriction and that the government had restricted the profile in his region. On 21 October, MeitY's grievance officer told him that enforcement lies with law enforcement and courts, and pointed him to Instagram's grievance officer and then the Grievance Appellate Committee. A user can end up passed between the platform and the government with no one who will state the reason.

The petition also raises a question of authority. It annexes a Sahyog list of 35 agencies and says 17 of their nodal officers are listed as SP or SSP, which it argues is below the prescribed rank. MediaNama notes that the list does not show who issued this notice. Without that, nobody can check whether the sender was entitled to send it.

Proportionality is the second issue. Section 79(3)(b) refers to disabling access to "that material on that resource". Yadav argues that one objectionable post cannot justify blocking an account with years of work. That argument matters for a political cartoonist, because satire loses value when it is hidden while the events it comments on are still unfolding. This is also not his first block: the account was restricted for about two months from late January to late March 2026.

A proportionate fix

None of this requires abandoning fast takedowns. A workable standard would have four parts:

Only the first is new. The rest follow from the safeguards the Supreme Court relied on in 2015 to uphold Section 69A.

What to watch

The two-week window for MeitY and the Home Ministry ran out around 13 November. What they disclose will show whether this block was tied to specific posts and whether the issuing officer held the required rank. Yadav can file a fresh writ after receiving the reasons. The case is narrow, because it does not challenge Section 79(3)(b) or Rule 3(1)(d) themselves. Still, if the reasons are thin, it will add to the evidence that a fast takedown route, without notice and reasons, drops protections that India's top court treated as essential.

Sources & Citations

  1. Shreya Singhal v Union of India (Supreme Court, 24 March 2015)
  2. IT (Procedure and Safeguards for Blocking) Rules 2009, full text
  3. MediaNama: Delhi HC asks Centre why cartoonist's Instagram was blocked
  4. SFLC.in analysis of X Corp v Union of India (Karnataka HC)