Social media platform X (formerly Twitter) on Friday informed the Delhi High Court that the notices seeking the blocking of the social media accounts of the Internet Freedom Foundation (IFF) and the Software Freedom Law Centre (SFLC) were issued by an imposter impersonating the Delhi Police and not by the police authorities.
The disclosure was made before Justice Amit Mahajan during the hearing of separate petitions filed by IFF and SFLC challenging the purported takedown notices. X’s counsel informed the Court that an internal investigation had established that the communications were fraudulent and that the platform had lodged a complaint with the Delhi Police to identify the person responsible.
The platform also assured the Court that the social media handles of the two organisations would not be taken down.
In view of the clarification and assurance furnished by X, the High Court disposed of the petitions.
The controversy arose after X received communications purportedly issued by the Delhi Police seeking action against the organisations over allegedly defamatory content concerning the Rashtriya Swayamsevak Sangh (RSS).
One of the notices invoked Section 356 of the Bharatiya Nyaya Sanhita (BNS), which deals with criminal defamation. Another communication referred to 40 URLs, comprising 37 individual posts, and sought the blocking of the X accounts of IFF, SFLC and ‘Geo Blocked in India’. It also sought the removal of posts published by 16 other users who had commented on the controversy.
Challenging the notices, the organisations questioned their authenticity as well as the legal basis for the directions. They argued that criminal defamation is a non-cognisable offence and that the police cannot investigate such an offence without an order from a Magistrate.
The petitioners further contended that seeking the blocking of entire social media accounts, rather than addressing specific allegedly objectionable content, was disproportionate and infringed the constitutionally guaranteed right to freedom of speech and expression under Article 19(1)(a).
The doubts surrounding the genuineness of the communications were also raised by SFLC, which submitted that it had attempted to verify the notices with both the Delhi Police and X Corp. However, emails sent to the addresses mentioned in the communications were returned as undeliverable.
SFLC further stated that it had approached the Intelligence Fusion and Strategic Operations (IFSO) Unit of the Delhi Police seeking confirmation of the notices but had received no clarification by the time the petition was instituted.
Senior Advocate Akhil Sibal appeared for IFF and SFLC. Advocate Nakul Gandhi filed the petition on behalf of SFLC.
With X informing the Court that the notices had originated from an unidentified individual impersonating the Delhi Police, and confirming that no action would be taken against the organisations’ accounts on their basis, the Court disposed of the proceedings.
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