The Indian government has restricted the number of officials authorized to issue online content takedown orders, following months of legal confrontation with Elon Musk’s social media platform, X (formerly Twitter).
Under the new rule, only senior bureaucrats with the rank of joint secretary or higher, and police officers at the level of deputy inspector general or above, can now order the removal of online content. The revised policy takes effect on November 15.
The move marks a reversal of the 2023 policy that allowed thousands of government and police officials to file takedown orders, sparking criticism and a legal challenge from X. The Karnataka High Court dismissed the company’s case in September, ruling that it must comply with local laws.
“The government is backing down but not backing out,” said Akash Karmakar, a partner at law firm Panag & Babu. “While the number of officials is reduced, it still runs into the hundreds.”
In a statement, India’s IT ministry said the amendment introduces “additional safeguards to ensure senior-level accountability and clearer justification for takedown orders.”
X, which has pledged to appeal the court’s decision, previously argued that the original rules violated free speech and allowed “every Tom, Dick, and Harry” to issue takedown notices. The new policy also requires each takedown order to include a “reasoned intimation” specifying the legal grounds and nature of the unlawful content.
Despite the change, free speech advocates say the appeal process remains burdensome and continues to invert the burden of proof on users whose posts are removed.
