In a significant policy shift, the Indian government has curtailed the number of officials authorized to issue online content takedown orders. This revision comes after a prolonged dispute with Elon Musk’s social media platform, X, which had legally challenged the 2023 rules granting thousands of officials power to demand content removal.
The move marks a recalibration of the government’s approach to online content moderation and accountability.
Only Senior Officials Can Now Issue Orders
Under the new regulations, only bureaucrats of joint secretary rank or above and police officers of deputy inspector general or higher can issue takedown directives.
While hundreds of officials will still hold this authority, it is a major rollback from the earlier policy that allowed far more officials — including junior officers — to act.
The changes aim to reduce misuse of power and enhance oversight in digital governance.
Stricter Requirements and Monthly Reviews
The updated policy mandates that every takedown order include a clear explanation, citing the legal basis, statutory provisions, and details of the alleged unlawful activity.
Additionally, these orders will undergo monthly reviews by a secretary-level officer, adding another layer of scrutiny that was missing in previous frameworks.
This is expected to bring greater transparency and senior-level accountability to the process.
Balancing Regulation and Free Speech
Legal experts believe the revision is a partial response to concerns about excessive censorship powers. However, they note that the process for contesting takedowns remains complicated, as users must still prove their content’s legitimacy after removal.
Observers see this as the government’s effort to balance regulatory authority with procedural safeguards, amid ongoing debates over freedom of expression in India’s digital space.
