Home Ministry authorises I4C to issue takedown notices under IT Act

Experts believe that this step would streamline the process of tackling cybercrimes at the national level but could create confusion between agencies over authority

The Ministry of Home Affairs (MHA), through a gazette notification on Thursday, empowered the Indian Cyber Crime Coordination Centre (I4C) to issue direct takedown orders under 79(b)(3) of the IT Act, 2000.

This means that the I4C, under the MHA, will now have the power to issue takedown notices to intermediaries and platforms for illegal content hosted online.

Experts feel that the step would streamline the process of tackling cybercrimes on the national level.

They also caution against the confusion that could prevail in the event of several agencies having the same powers of issuing notices for takedown. 

Rohini Musa, advocate on record, Supreme Court, said, “This step would expedite any action to be taken against data, information or any communication available on platforms that are being used for criminal activities.”

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“Earlier, the same process involved several stakeholders including the Ministry of Electronics and Information Technology (MeitY). As a result, any proactive or responsive step taken would face delays owing to having to contact various agencies and stakeholders,” she added. 

Musa further said that it was ‘step forward’ towards making browsing and internet activities safe, but at the same time, could result in creating confusion and multiplicity of orders from different agencies.

Section 79 of the IT Act, 2000, requires an intermediary to comply with a direction for disabling content on its platform that is illegal, unlawful upon receiving an intimation from the government and its agencies, thereby, allowing the government to authorise different agencies with the powers of issuing such directives, said experts. 

“There is thus no bar under the Act, for an intermediary to receive notices for take down of unlawful content from multiple government agencies,” said Dinesh Pednekar, Partner, Economic Laws Practice.