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Punjab and Haryana HC: blocked users must get copy of intimation

By CAShorts DeskPublished Sources: LiveLaw; Scroll.in; NewsX; MeitY (IT Rules, 2021; 2026 amendment FAQs); IT Act, 2000; Blocking Rules, 2009; Supreme Court (Shreya Singhal); IBTimes (IANS)

Punjab and Haryana HC: blocked users must get copy of intimation
Illustration (AI-generated)

The Punjab and Haryana High Court has held that a user whose content is blocked by a Section 79(3)(b) intimation under the Information Technology Act, 2000 must get a copy when sent to the intermediary. In a ruling reported on 20 October 2026, it voided a Superintendent of Police's intimation to Meta, as the amended Rules require DIG rank.

Syllabus: Prelims · Polity & Governance; GS2 · Governance & e-Governance; GS3 · Cyber Security & Money Laundering

Why this matters for UPSC

GS2 governance and GS3 cyber security: Prelims can ask the Section 79 safe harbour, Section 69A blocking, the 2009 Blocking Rules and Shreya Singhal (2015); Mains, how content blocking can stay fast yet fair to users.

Why it matters

Picture a small news outlet whose Facebook page suddenly goes dark across India. Until now it might never learn who asked for the block or why, so it could not answer the charge before the platform or a court. After this ruling, a user in that position is entitled to see the police's letter when the platform gets it, and only a senior, specially authorised officer can send one. That matters more now that platforms must act within hours of a notice. The larger question is how the State can remove unlawful content quickly without silencing lawful speech through an unseen order nobody can answer.

Prelims pointers

  • Section 79(2), IT Act, 2000: the exemption needs an intermediary that only provides access, or does not initiate, select the receiver of or modify a transmission; plus due diligence.
  • Shreya Singhal v Union of India (2015): Section 66A struck down under Article 19(1)(a); Section 69A and the 2009 Blocking Rules upheld; Section 79(3)(b) read down, not struck down.
  • Section 69A grounds: sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States, public order, and preventing incitement to related offences.
  • Section 69A(3): an intermediary that fails to comply with a blocking direction faces imprisonment of up to seven years and a fine.
  • 2009 Blocking Rules: the Designated Officer chairs a committee with Joint Secretary-level members from Law and Justice, Home Affairs, Information and Broadcasting, and CERT-In.
  • 2009 Blocking Rules: a Review Committee constituted under Rule 419A of the Indian Telegraph Rules, 1951 meets at least once in two months and may order unblocking.
  • Grievance Appellate Committee: set up by the Central Government under the IT Rules, 2021; hears appeals against a Grievance Officer's decision filed within 30 days.
  • IT Rules, 2021 as amended in 2026: user grievances resolved within 7 days (earlier 15); complaints of nudity or morphed images acted on within 2 hours.

Practise a UPSC-style question

With reference to orders to block online content in India, consider the following statements:

1. Under the 2009 Blocking Rules, the Designated Officer must be a Central Government officer not below the rank of Additional Secretary.

2. Under the amended IT Rules, 2021, a police intimation to an intermediary must come from a specially authorised officer not below DIG rank.

Which of the statements given above is/are correct?

  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2
Show the answer

Answer: (b) 2 only

Answer: (b) 2 only. The Designated Officer's minimum rank is Joint Secretary; the DIG rule is correct.

Statement 1: incorrect. Rule 3 of the 2009 Blocking Rules requires a Central Government officer not below the rank of Joint Secretary, not Additional Secretary.

Statement 2: correct. The amended IT Rules, 2021 require police intimations to come from one or more officers not below DIG rank, specially authorised by the Appropriate Government.

Eliminate: Statement 2 is correct, as the Punjab and Haryana High Court applied the DIG threshold to void a Superintendent's intimation. Out: (a), (d).

Eliminate: Statement 1 is incorrect, as the 2009 Rules name Joint Secretary rank. Out: (c).

Trap: Near-miss figure. Additional Secretary sits just above Joint Secretary, so the wrong rank sounds as senior as the right one.

Remember: Section 69A: Designated Officer of Joint Secretary rank; Section 79 police intimation: DIG or above.

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