The Union government and Delhi Police told the Delhi High Court that social media platform X could lose its “safe harbour” protection in India for failing to act on allegedly offensive tweets by journalist Rana Ayyub.
The submission was made before Justice Purushaindra Kumar Kaurav, who is hearing a petition related to Ayyub’s past social media posts.
According to the government, X did not comply with takedown notices issued by the police in September and December 2025 regarding the tweets in question.
‘Actual Knowledge’ Argument by Centre
In its written note, the Centre argued that these notices, along with a trial court’s order directing registration of an FIR against Ayyub, amounted to “actual knowledge” under the Information Technology Rules 2021.
This, it said, created a legal obligation for X to remove the content quickly.
“As X failed to act despite actual knowledge, its safe harbour protection under Section 79 is liable to be withdrawn,” the government submitted, adding that such inaction allows the continued spread of unlawful content.
Court Earlier Called Tweets ‘Inflammatory’
During an earlier hearing on April 8, the High Court described Ayyub’s tweets as “highly derogatory, inflammatory and communal” and said urgent action was required.
The court directed both Delhi Police and X to act, noting that authorities and the platform must “work in tandem” in such cases.
X Defends Its Position
X, however, argued that the petition is not maintainable against the platform and should instead be directed at the content creator.
The platform said authorities must follow the blocking procedure under Section 69A of the IT Act and the 2009 Blocking Rules.
It added that the tweets fall under provisions where the government can directly order blocking in the interest of sovereignty, public order, or national security.
Ayyub Challenges Petition
Senior advocate Vrinda Grover, appearing for Ayyub, argued that the petition itself is not maintainable.
The High Court has now granted Ayyub two weeks to file a detailed reply, including on the question of maintainability. The next hearing is scheduled for May 19.
Background of the Case
The case stems from a complaint filed by advocate Amita Sachdeva, who alleged that Ayyub’s tweets between 2013 and 2017 insulted Hindu deities and figures such as Vinayak Damodar Savarkar.
Based on the complaint, a trial court had ordered the registration of an FIR and directed police to investigate.
Delhi Police later informed the court that the tweets in question are no longer available on the platform.
