MeitY officials, tasked with Section 69A blocks, recently confirmed a journalist's Instagram account was restricted under Section 79(3)(b). This effectively sidesteps the mandatory hearing and review process guaranteed by Section 69A. For content creators, this creates an opaque takedown mechanism with little recourse.
The Supreme Court's 2015 Shreya Singhal judgment clearly separated Section 69A's committee-based blocking from Section 79(3)(b)'s platform immunity rules. New IT Rules amendments, effective November 2025, mandated specific URL intimations from senior officers and reduced platform response times from 36 hours.
The Internet Freedom Foundation's pro bono legal support for Ila Kazmi will now test the judicial interpretation of these overlapping provisions. Expect clarity on the Centre's stance as X Corp's appeal, where a response was sought in March 2026, moves forward in the Karnataka High Court.
🇮🇳 Why This Matters for India
For Bangalore's rapidly growing creator economy and Mumbai's digital media platforms, this ambiguity in content takedown processes creates significant legal uncertainty and operational risk.
The Take
The Ministry is deliberately blurring the lines between Section 69A and Section 79(3)(b) of the IT Act, effectively stripping content creators of their due process. This creates an environment where takedowns can happen with little transparency or challenge, setting a worrying precedent.
Source:  MediaNama ↗