New Delhi: The Delhi Police has asked X to remove the entire accounts of two of India's most prominent digital rights groups — the Internet Freedom Foundation (IFF) and the Software Freedom Law Centre (SFLC.in) — along with the account @geoblockedindia and dozens of posts, accusing them of defaming the Rashtriya Swayamsevak Sangh (RSS), Reuters reported on Wednesday. The two accounts were still active on Wednesday afternoon, and IFF said it would challenge the requests in court unless they were withdrawn, while SFLC.in described the requests as unlawful and disproportionate.

Source: Reuters

The posts in question document and comment on a two-page legal notice received by the three on October 29, said to have been issued on behalf of the RSS, which demanded that they stop criticising and documenting government blocking orders. The notice was signed by an unnamed 'Authorised Signatory', and several RSS office-bearers have since said on X that the notice is not authentic — its authenticity remains unconfirmed. IFF published both the notice and its reply on October 30.

On October 31, the Special Commissioner of Police (Crime) filed an 'Illegal Content Report' with X under reference LD-321926, listing two posts — IFF's October 30 post on the notice and an SFLC post from the same day — stating they were 'defamatory towards the Rashtriya Swayamsevak Sangh under Section 356 of the Bharatiya Nyaya Sanhita, 2023'. The fields for any court order were left empty. On November 2, a second report, LD-322956, listed 40 URLs: 37 posts and the three entire accounts, invoking Rule 3(1)(d) of the IT Rules, 2021 with Section 79(3)(b) of the IT Act and stating that lawful notices require action within three hours. The requests also target posts by 16 other users.

Source: Maktoob Media

X forwarded both police reports to IFF on the morning of November 3 'in the interest of transparency'; the Delhi Police has not written to IFF directly, and, as far as the reports disclose, no court has been approached. Reuters said it could not independently verify the directives; according to the news agency, one order was signed by Delhi Police Special Commissioner (Crime) Hargobinder Singh Dhaliwal.

IFF, through its counsel Advocate Abhik Chimni, has issued a legal notice to the Delhi Police demanding that both reports be withdrawn within seven days, arguing that criminal defamation is a non-cognizable offence and that, under Section 222 of the Bharatiya Nagarik Suraksha Sanhita, a court can take cognizance only on a complaint by the person aggrieved. The notice also cites the Supreme Court's Shreya Singhal judgment, arguing the requests do not meet the requirements of Section 79(3)(b) of the IT Act read with the IT Rules. IFF said: 'The posts in question are about a legal notice sent to us. They quote it, criticise how it was drafted, and say that we will carry on with our work. A person who receives a threat is entitled to publish it and answer it and that is not defamation of the sender.'

Source: The Bar Bulletin

IFF has demanded that the police withdraw reports LD-321926 and LD-322956, confirm the withdrawal in writing to X and to IFF, and disclose the complaint and authority on which the Special Commissioner acted. 'If the notices are not withdrawn, IFF will challenge them in court. We will continue to document blocking orders, to publish them, and to provide legal assistance to anyone whose account or post is withheld in India,' the organisation said. The three organisations are among the few in India that keep public records of what is blocked online and who ordered it.