Software Freedom Law Centre (SFLC) has filed a public interest litigation challenging the provisions of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. ​On March 3, 2025, a bench comprising Justices B.R. Gavai and A.G. Masih Court of India issued a notice to the Union of India and Meity.

Petitioner Respondents
Software Freedom Law Centre
  1. Union of India
  2. Ministry of Electronics and Information Technology (MeitY)
Justice B R Gavai Justice A G Masih

A. Issue an appropriate writ, order or direction or declaration quashing and setting aside Rule 16 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009; AND.”

B.Issue an appropriate writ, order or direction or declaration, declaring Rule 8 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 null and void or in the alternative to read the word or to mean œand in Rule 8 and ensure that the notice for blocking be issued to the intermediary as well as the person (originator or creator of the content); AND

C.Issue an appropriate writ, order, or direction or declaration striking down and/or reading down Rule 9 of the Blocking Rules, 2009, to mandate the issuance of a notice, opportunity of hearing, and communication of a copy of the interim order to the person (originator or creator of the content) prior to the passing of a final order; AND

D.Issue an appropriate writ, order, or direction mandating the Respondents to prescribe a notice format in the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, which discloses all relevant details to enable the noticee to effectively respond to the notice;

E.Issue an appropriate writ, order or direction, directing the Respondents to disclose the number of instances where the power to block information has been utilised under Rule 8 without notice to the originator and/or the intermediary;

F. Issue an appropriate writ, order or direction, directing the Respondents to disclose the number of instances where the power to block information has been utilised under Rule 9 without notice to the originator and/or the intermediary;

G. Issue an appropriate writ, order or direction, directing the Respondents to disclose the minutes/findings of the Review Committee as referable to Rule 14 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, in assurance with the fundamental rights enshrined under the Constitution of India.

H. Issue an appropriate writ, order or direction calling for the records from the Respondents relating to the proceedings referable to Section 15 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 in order to enable the aggrieved person to take necessary as deemed fit in accordance with law