The Supreme Court on Monday asked the Central government to respond to a plea raising concerns over the removal of social media posts without prior notice or an opportunity for the account owner to be heard.

A bench comprising Justices BR Gavai and Augustine George Masih observed that if a social media post has an identifiable author, they should be given an opportunity to be heard before the post is taken down.

"Prima facie, we both feel that if there is an identifiable person then notice should be issued," the Bench remarked.

Accordingly, the Court issued a notice to the Central government on a plea filed by the Software Freedom Law Centre, which highlighted that intermediaries like X (formerly Twitter) often remove tweets based on government directives without notifying the account owner.

Senior Counsel Indira Jaising, representing the petitioner, argued that while the government has the authority to take down information, it must provide notice to the person who posted the tweet. 

Failure to do so, she contended, violates the principles of natural justice. 

She further emphasized that the existing law requires notice to be issued either to the individual concerned or the intermediary.

"Because of this only the intermediary is served with the notice. This is happening because of the word 'or'. Then rule further says such a notice is confidential and it is a nail in the coffin. I am not disputing the power to take it down but the person who put it out must be heard. The challenge is under Article 19(1)(a)," she said.