After DrNimoYadav, Kumar Nayan challenges MeitY’s X account blocking order in Delhi HC

In a recent development, the Delhi High Court (DHC) has received a fresh legal challenge to the Ministry of Electronics and Information Technology (MeitY)’s decision to block multiple X accounts. Following the case filed by Prateek Sharma, who operates the X account @DrNimoYadav, another user, Kumar Nayan, has also taken legal action against the blocking order. Nayan, a 34-year-old electrical engineer from Bihar, runs the X account @Nher_who, which has over 241,000 followers and generates revenue through X’s content monetization program.

Nayan’s writ petition, filed in the Delhi High Court, calls the MeitY’s blocking order “illegal, arbitrary, and disproportionate.” He seeks the restoration of his account, an order to share the blocking order details as per the Delhi HC 2022 order, and a court directive ensuring that any “censorship on social media” adheres to the IT Act’s 2009 Blocking Rules while respecting Articles 14 (Equity before Law), 19 (1)(a) (right to freedom of speech and expression), and 21 (protection of life and personal liberty).

Nayan argues that blocking an entire account on a social media platform is a significant restriction that requires a higher proportionality threshold and reasoned orders to satisfy the test under Section 69A of the Information Technology Act. He emphasizes that such actions amount to prior restraint of speech and pre-censorship, which must be justified under the law.

The case follows the ongoing legal battle initiated by Prateek Sharma, who has also challenged MeitY’s blocking orders against 12 accounts. This development has been reported by independent journalist Aditi Agarwal in her Substack newsletter, The Tech Trace.

Kumar Nayan, who regularly comments on sociopolitical and public affairs, has been using his X account for over a decade. The account’s popularity and revenue generation through X’s monetization program highlight the significant impact of the blocking order on both the user and the platform.

The legal challenges filed by Nayan and Sharma aim to ensure that social media censorship is conducted in accordance with the IT Act’s guidelines and respects fundamental rights enshrined in the Indian Constitution. The Delhi High Court’s response to these petitions will likely set a precedent for future cases related to social media account blocking and the balance between state power and individual freedoms.

As the case unfolds, it remains to be seen how the court will address the concerns raised by Nayan and Sharma. The outcome could have far-reaching implications for social media users, platforms, and the government’s authority to regulate online content. The legal battle is expected to shed light on the delicate balance between national security, public order, and the right to freedom of expression in the digital age.

In conclusion, the recent legal challenges against MeitY’s X account blocking orders highlight the growing concerns over government overreach on social media platforms. The cases filed by Kumar Nayan and Prateek Sharma aim to protect users’ rights and ensure that censorship is conducted in accordance with the law. The Delhi High Court’s decision will be closely watched, as it could set a precedent for future cases and influence the regulation of social media in India.