The Supreme Court issued a notice to the Union of India challenging the constitutionality of Rule 16 and the reading down of Rules 8 and 9 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, for violating Articles 14, 19, and 21 by enabling content blocking without due process.
The petition argues that Rules 8 and 9 allow executive officers to block content without notifying the originator, violating natural justice. Intermediaries, who merely host content, are forced to comply with blocking orders under threat of penalties. Rule 16 enforces secrecy, preventing affected users from knowing or challenging content removal, creating a chilling effect on free speech.
The petition seeks to quash Rule 16 and amend Rules 8 and 9 to ensure that intermediaries and originators receive notice. It also calls for mandatory hearings, reasoned orders, and disclosure of past blocking instances and Review Committee records.
