Delhi High Court: Probes Nehr_Who? X Account Blocking Transparency

• The Delhi High Court is reviewing a petition from the operator of the 'Nehr_Who?' X account regarding its repeated blocking.
• Justice Swarana Kanta Sharma questioned why the blocking order, presented in court, could not be shared with the account holder.
• Advocate Apar Gupta, representing the petitioner, stated the account was blocked a second time despite previous court protection.
• The government counsel maintained the blocking orders are confidential but will seek further instructions.
• The case is scheduled for further hearing on September 16, with the court seeking the Central government's official stand.

The judge explicitly stated that the information contained within the order did not appear to be of a nature that would preclude its disclosure to the affected party, noting that "Everything is in public domain."

The Delhi High Court recently initiated proceedings to examine a petition lodged by the operator of the X account identified as 'Nehr_Who?'. This legal challenge specifically targets the Central government regarding the alleged repeated blocking of the social media handle. During a hearing on Thursday, Justice Swarana Kanta Sharma presided over the matter, directing the government's legal representative to secure official instructions concerning the case. The court has scheduled further arguments for September 16.

Advocate Apar Gupta, representing the petitioner, informed the court that this marks the second instance of the account being blocked. Gupta highlighted that the 'Nehr_Who?' account had previously received protection through an order issued by the Delhi High Court. Despite this, a new notice was subsequently issued to the account holder, citing specific tweets. It was in response to this fresh notice that the entire 'Nehr_Who?' X account was once again subjected to a blocking action.

A pivotal moment in the proceedings occurred when the blocking order itself was presented before the High Court for review. Justice Swarana Kanta Sharma meticulously examined the document and subsequently questioned the government counsel regarding the rationale behind withholding the order's contents from the account holder. The judge explicitly stated that the information contained within the order did not appear to be of a nature that would preclude its disclosure to the affected party, noting that "Everything is in public domain."

In support of the petitioner's stance on transparency, Advocate Apar Gupta referenced an existing Delhi High Court directive that mandates the provision of a copy of any blocking order to the concerned account holder. Conversely, the government's counsel maintained that such orders are inherently confidential. While acknowledging that there were specific reasons for the 'Nehr_Who?' X account blocking, the government's representative reiterated the need to obtain further instructions on the matter of disclosure.

The ongoing legal challenge concerning the 'Nehr_Who?' X account blocking in India underscores critical questions surrounding social media blocking order transparency. The Delhi High Court's direct questioning of the government's practice of keeping blocking orders confidential could set an important precedent for future cases involving content censorship on digital platforms. The court's insistence on understanding why such orders cannot be shared with those directly impacted highlights a growing judicial focus on due process in the digital realm.

The directive from Justice Swarana Kanta Sharma for the government counsel to obtain instructions before the next hearing on September 16 signals the court's intent to delve deeper into the legal justifications for confidential blocking actions. This case, involving the 'Nehr_Who?' X account blocking, could significantly influence how government agencies approach content moderation and blocking orders, potentially increasing accountability and ensuring greater clarity for account holders in India. The outcome will be closely watched for its impact on the balance between national security interests and individual rights to information and expression.

Lawyers and compliance officers should monitor this case for potential precedents on the transparency and due process requirements for government-issued social media blocking orders in India, particularly concerning the disclosure of reasons to affected account holders. The court's questioning of confidential blocking orders could impact future challenges to content censorship.

Source: Original reporting via legal news coverage.