The Punjab and Haryana High Court has set aside a police notice that led to the blocking of a news network’s verified Facebook page in India. Justice Tribhuvan Dahiya held that the notice came from an officer who lacked the power to issue it. The court also ruled that a user must receive a copy of any such intimation when it is sent to the social media platform.
Background
Haryana 24 News Network Private Limited challenged an intimation sent to Meta Platforms Inc. under Section 79(3)(b) of the Information Technology Act, 2000. Its Facebook page had been inaccessible in India since August 21, 2026. The company said it was never given notice or a copy of the intimation. Its directors learned of the restriction only from a message on the page itself. It added that the blocking caused business losses and damaged its reputation.
The court looked at Rule 3(1)(d) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It requires that a police intimation to an intermediary be issued by an officer not below the rank of Deputy Inspector General of Police, specially authorised by the government. The Superintendent of Police is concededly below that rank. The court rejected the delegation argument and observed:
“Thus, it is evident that the Superintendent of Police usurped the power not vested in him in issuing the said intimation in flagrant violation of statutory provisions; this is sheer highhandedness and arbitrary exercise of power.”
The court added that no monthly review of the intimation, as the Rules require, had been shown. It held the notice to be without jurisdiction.
On the grievance officer remedy, the court noted that a user cannot defend himself if he does not know what action was taken against him. It held that a copy of the intimation must be furnished to the user, observing:
“Accordingly, a copy of the intimation must be furnished to the user when it is sent to the intermediary. This will make the procedure of sub-rule (2) to Rule 3 compliant of the primary tenets of natural justice and constitutionally valid.”
Since the petitioner had received no copy, approaching the grievance officer would be futile, the court said.
The notice dated August 21, 2026 was set aside. The Superintendent of Police must instruct Meta, within 24 hours of receiving a certified copy of the order, to restore the page to its original status. If the government later finds content on the page that is prohibited by law, any fresh intimation must be sent by the authorised officer.
A copy must be given to the petitioner immediately after it is sent.
Case Details
Case Title: Haryana 24 News Network Private Limited v. Union of India and Others
Case Number: CWP-30190-2026
Judge: Justice Tribhuvan Dahiya
Decision Date: October 05, 2026
