Centre Threatens X's Safe Harbour Over Rana Ayyub Tweets: IT Act Blocking Powers in Focus
The Central government told the Delhi High Court that social media platform X (formerly Twitter) risks losing its safe harbour protection under the Information Technology Act, 2000, for failing to act against certain posts by journalist Rana Ayyub, which the government alleges are derogatory and communally sensitive.
Delhi Police had served two statutory notices to X in September 2025 and December 2025 requesting removal of the posts; X did not comply.
On April 9, 2026, the government formally invoked Section 69A of the IT Act, requesting the designated authority to block the posts.
X's position: it cannot be made a respondent in the petition; any action must be directed at the originator of the content (Ayyub), and blocking must follow the procedure under Section 69A of the IT Act and the IT (Procedure and Safeguards for Blocking of Access of Information by Public) Rules, 2009.
The case is listed for next hearing on May 19, 2026.
Section 69A of the IT Act, 2000: Blocking Powers
Section 69A of the Information Technology Act, 2000 empowers the Central Government to direct blocking of any information hosted on computer resources if it is necessary or expedient in the interest of sovereignty and integrity of India, defence, security of the State, friendly relations with foreign States, or public order, or for preventing incitement to commission of any cognizable offence.
The government's invocation of Section 69A represents the formal blocking route — which X itself had urged the government to use rather than relying on the looser Section 79(3)(b) pathway to coerce takedown.
Section 79 of the IT Act: Safe Harbour for Intermediaries
Section 79 grants intermediaries (social media platforms, telecom companies, search engines) immunity from liability for third-party content published on their platforms, provided they meet specified due diligence conditions and do not have "actual knowledge" of unlawful content or have not failed to act upon receiving such knowledge.
The government's argument — that police notices constitute "actual knowledge" triggering Section 79(3)(b) — is the mechanism by which safe harbour could be lost. This is a legally contested argument; courts have noted that Section 79(3)(b) defines when immunity lapses, but does not independently create a blocking power distinct from Section 69A.
Intermediary Guidelines, 2021: Significant Social Media Intermediaries
IT Rules 2021 created a new category — "Significant Social Media Intermediary" (SSMI) — for platforms with more than 5 million registered users in India. SSMIs face additional obligations including appointment of a Chief Compliance Officer, Nodal Contact Person, and Grievance Officer in India; monthly compliance reports; and first originator traceability for encrypted messaging services.
Key Details
- X, Meta (Facebook/Instagram/WhatsApp), Google (YouTube), and similar large platforms are SSMIs.
- SSMI obligations also include a three-tier grievance redressal mechanism.
- The Grievance Appellate Committee (GAC), established in 2022 under IT Rules 2021, allows users to appeal content moderation decisions.
- Failure to comply with SSMI obligations can lead to loss of safe harbour under Section 79.
X's compliance posture — including non-response to police notices and its argument about the originator — places it in a contested zone between First Amendment-style free speech arguments and Indian regulatory obligations for large platforms.
- Section 69A: Government blocking power under IT Act 2000 (inserted 2008).
- Section 79: Safe harbour for intermediaries (conditional on due diligence).
- IT (Blocking) Rules, 2009: Procedural safeguards for blocking orders.
- IT Rules 2021: SSMI threshold — 5 million registered users; requires India-resident compliance officers.
- Shreya Singhal v. Union of India (2015): Section 66A struck down; Section 69A upheld.
- Delhi Police notice timeline: September 2025 and December 2025 notices to X.
- Government initiated Section 69A blocking on April 9, 2026.
- Next hearing: May 19, 2026.