In a significant development for national security and information control, the Indian Army can now directly request removal of unlawful content from social media. The Defense Ministry has recently designated the Additional Directorate General of Strategic Communications (ADG) as the “nodal officer” authorized to issue takedown notices under Section 79(3)(b) of the IT Act. The change ends the Army’s previous reliance on the Ministry of Electronics and Information Technology (MeitY) to initiate the material removal process.
Fast response to harmful content
Indian Army before this notification dependent on MeitY to handle takedown requests, which often resulted in delays in handling critical content. According to Army sources, this new authority allows for faster response, especially in cases involving misinformation or disinformation from foreign entities. An Army representative said, “For example, if a Pakistan-run handle is spreading misinformation, we can now directly inform the intermediaries to take action on it.”
This streamlined process ensures that the Army can directly highlight harmful or illegal content, and leaves it to social media moderators to determine the necessary action.
Impact on social media platforms
Social media intermediaries are bound by Section 79 of the IT Act, which provides them with “safe harbor” protection, shielding them from liability for third party content unless they fail to remove flagged content. Section 79(3)(b) specifically removes this protection if intermediaries do not process material identified by the “appropriate Government” or its agency. With this recent change, the Indian Army has joined the list of bodies authorized to directly interact with moderators to remove content. However, this expansion of authority has raised concerns over the potential for widespread and rapid censorship, with recent cases highlighting a legal gray area by experts.
Addressing national security challenges
The military’s new authority is particularly relevant to national security concerns, as it enables it to respond quickly to situations affecting the military’s image and operations. For example, content that challenges the military’s role in sensitive areas or potentially misrepresents military actions could be managed more quickly under this new system.
With this change, the military can take action directly to protect its image and address content that could impact national security, without the need to route all requests through MeitY. For social media users and platforms, the change highlights a growing emphasis on balancing freedom of expression with security needs in an era where misinformation can spread rapidly.
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