Case Name: HYDER ALI K v. UNION OF INDIA WP(C) 36632/2026
NOCAP, an independent Malayalam digital news platform, had its Facebook Page restricted in India pursuant to a notice from the Government of India or a law-enforcement agency under Section 79(3)(b) of the Information Technology Act, 2000. The restriction was communicated to the Petitioner on 28 September 2026. However, the underlying order or intimation, the specific content alleged to be unlawful, and the reasons for restricting the Page were not disclosed.
NOCAP is an independent digital media platform reporting on political, social and cultural issues, including matters of public interest. The restriction of its Facebook Page affects not only the platform’s ability to disseminate journalistic content but also its ability to reach its audience and sustain its operations. The restriction has also resulted in a significant decline in the Page’s reach and monetisation revenue.
SFLC.in is assisting the Petitioner before the Kerala High Court in challenging the restriction and seeking disclosure of the underlying order and the legal basis for the action.
The petition challenges the restriction on the following grounds:
- Lack of transparency and disclosure: The underlying order or intimation, the specific content alleged to be unlawful, and the reasons for restricting the Page have not been disclosed to the Petitioner, preventing an effective challenge to the action.
- Violation of freedom of speech and expression: The restriction affects the Petitioner’s ability to publish and disseminate journalistic content and reach the public, raising concerns under Article 19(1)(a) of the Constitution.
- Violation of natural justice: The Petitioner has not been provided with the material forming the basis of the restriction or a meaningful opportunity to challenge the allegations.
- Disproportionate restriction: The entire Facebook Page has been restricted rather than limiting the action to specific content alleged to be unlawful, affecting access to unrelated journalistic material as well.
- Non-compliance with statutory safeguards: The petition raises concerns regarding compliance with Section 79(3)(b) of the Information Technology Act, 2000, and the applicable Information Technology Rules, 2021, including requirements concerning reasoned intimations, authorised officers, and periodic review.
The Petitioner seeks the following reliefs:
- To issue a writ, order or direction to the Respondents to produce and publish the Impugned Order blocking the Facebook Page of NoCap;
- To issue a writ, order, or direction calling for and setting aside the order and records, leading to directing the blocking/ take -down of Facebook Page of NoCap;
- To issue a writ, order or direction to the Respondents to restore the Facebook Page of NoCap;
- To issue an order declaring that orders issued under Section 79(3)(b) of the Information Technology Act r/w Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have to be communicated to the user whose content is removed/disabled by the order.
Hearing update on 26.10.2026
Notice issued to all respondents and matter posted next on 05.11.2026.
