Information Technology Act, 2000
Important Cases on Social Media Regulation: The Indian Case Law
Social media regulation in India is a rulebook under constant litigation, and the cases map onto its parts: Shreya Singhal fixed intermediary knowledge, the traceability petitions attack Rule 4(2), the High Courts stayed the digital news code, and the fact check unit fell in 2024. Topics 73 to 81 state the rules; this note, as asked, is the dedicated case digest.
1. The Case Line
Figure 1: The rules under litigation
📖 Shreya Singhal v. Union of India, (2015) 5 SCC 1 Facts: Arrests for social media posts under s.66A, and the takedown and blocking framework, were challenged as unconstitutional restrictions on online speech. Held: s.66A struck down for vagueness, overbreadth and chilling effect; s.79(3)(b) read down so intermediaries act only on a court order or government notification, not private complaints; s.69A blocking upheld on its safeguards. The constitutional foundation of every later social media case (Topics 59, 117). |
- Facebook v. Union of India (SC, 2019-20). The transfer petition: scattered High Court challenges to traceability and intermediary obligations were sought to be consolidated before the Supreme Court.
- WhatsApp and Facebook v. Union of India (Del HC, 2021). The Rule 4(2) traceability challenge: the first-originator identification duty attacked as breaking end-to-end encryption and violating Article 21 privacy after Puttaswamy, pending and unenforced against encrypted services (Topic 79)
- The Part III stays (High Courts, 2021). In the Live Law, Digital News Publishers and Nikhil Wagle matters the Code of Ethics for digital news was stayed in Bombay as prima facie beyond the Act and chilling, with protection extended in Madras and other courts, the challenges consolidated (Topic 80)
- Kunal Kamra v. Union of India (Bom HC, 2024). The fact check unit clause struck down: vague terms, no Article 19(2) anchor, the State as judge of truth about itself, and chilling through the safe harbour lever, the most complete judicial examination of State truth-adjudication; the SSMI duties, GACs and SGI regime these cases test sit in Topics 73 to 77 (Topic 81)
2. Quick Revision
Figure 2: One line per case
⚠ Exam trap Map each case to the rule it tests: Shreya Singhal to intermediary knowledge and s.66A, the WhatsApp challenge to Rule 4(2) traceability (pending), the Part III stays to the digital news Code of Ethics, and Kunal Kamra to the fact check unit (struck down 2024). Flag the status accurately, struck down, stayed or pending, and note that the provision at issue after 2015 is rarely s.66A but the rules made under s.87. |
3. Frequently Asked Questions
Which cases shape social media regulation in India?
Shreya Singhal v. Union of India, striking down Section 66A and reading intermediary knowledge as a court or government order; the WhatsApp and Facebook challenge to Rule 4(2) traceability, pending and unenforced against encrypted services; the Part III stays in the Live Law and Digital News Publishers matters, suspending the digital news Code of Ethics; and Kunal Kamra v. Union of India, striking down the fact check unit clause in 2024. Together they test the 2021 to 2026 intermediary rules clause by clause.
4. Related Topics
- Topic 73: IT Rules 2021 Framework. The rules these cases test.
- Topic 79: WhatsApp Traceability Challenge. The Rule 4(2) litigation in full.