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The Ministry of Railways has directed social media platform X (formerly Twitter) to take down 285 links containing videos of casualties from the February 15 stampede at New Delhi Railway Station. This marks one of the ministry’s first major enforcement actions since it was granted direct takedown authority in December.
Railways Ministry Issues Notice to X
The ministry cited ethical concerns and X’s own content policies while issuing the takedown notice on February 17. It gave the platform 36 hours to comply with the order, as per sources familiar with the matter.
“This is not only against the ethical norms but also against the content policy of x.com itself as sharing of such video may create an unwarranted law and order situation,” the ministry’s notice stated. It further added that such content “may affect the operations of Indian Railways” given the “huge rush of trains” during this period.
The notice, reviewed by HT, specifically demanded the removal of tweets from multiple accounts, including those of prominent news networks. The ministry argued that the videos contained “sensitive or disturbing media depicting deceased individuals.”
Previous Content Removal Directives
This is not the first time the Railways Ministry has exercised its takedown powers. A similar directive was issued in January to YouTube and Instagram, targeting content that contained “misleading and sensitive/provocative information” that could lead to law and order concerns.
That notice specifically mentioned one YouTube video, one Instagram post, and two Instagram reels. However, it was unclear whether the notice pertained to a particular incident.
A Meta spokesperson confirmed that action had been taken following the receipt of a valid legal order in response to the January directive.
As of the time of reporting, HT could not verify the specific posts or videos mentioned in either notice. The Ministry of Railways, Google, and X have not yet responded to requests for comment.
X’s Policy on Graphic Content
X allows the sharing of graphic content, provided it is properly labeled, not prominently displayed, and does not glorify violence. The platform also seeks to balance “dignity and privacy” in cases of death with the need to maintain a historical record of significant events.
New Authority Under the IT Act
The ministry’s action follows new authority granted on December 24, when the Railways Ministry empowered its executive director of information and publicity (Railway Board) to issue takedown notices directly to social media platforms under Section 79(3)(b) of the Information Technology Act.
Previously, such requests were processed through the IT Ministry’s Section 69A blocking committee.
In its February 17 notice, the ministry asserted that it is now empowered under this section to demand the removal or disabling of URLs, accounts, and other content that features unlawful advertisements, endorsements, or promotional material.
Legal Justifications for Content Removal
As per Section 79(3)(b) of the IT Act, intermediaries such as social media platforms lose their “safe harbour” protection (exemption from liability for third-party content) if they fail to remove or disable access to content upon being informed by the government or an authorized agency.
The notice also referenced Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. According to this rule, intermediaries must take down illegal content within 36 hours of receiving “actual knowledge” in the form of a court order or notification from an “authorized agency.”
Furthermore, Rule 7 of the IT Rules stipulates that an intermediary that fails to comply with the guidelines risks losing its safe harbour protections.
Concerns Over the Takedown Process
Legal experts and officials familiar with such takedown orders have raised concerns about their completeness. According to sources who spoke to HT on the condition of anonymity, a valid Section 79(3)(b) notice must specify the legal grounds under which the content is deemed unlawful.
“If the illegality under the substantive law is not cited, the takedown notice is incomplete,” said one of these sources.
