Rakesh Maheshwari, former Senior Director and Group Coordinator (Cyber Laws) at the Ministry of Electronics and Information Technology (MeitY), detailed the government's approach to takedown notices under Section 79(3)(b) of the Information Technology Act during an event in Delhi. He highlighted that the 2025 and 2026 amendments limited the power to issue such notices to a few government officials to prevent misuse, a concern acknowledged from the outset, according to medianama.com.
Maheshwari explained that Section 79(3)(b) was designed to allow platforms to inform users about government takedown requests without any committee, hearing, or review process for the user, as per Rule 3(1)(d). He contrasted this with Section 69A, which addresses national security and public order issues and requires formal notices to platforms and nodal officers. The Supreme Court has stayed all High Court challenges to Section 79(3)(b) and is currently examining the matter.
This clarification comes after Instagram withheld cartoonist Satish Acharya’s account in India citing a notice under Section 79(3)(b). Maheshwari’s account is the closest official explanation of the ministry’s intent, emphasizing that the stricter controls on who can issue takedown notices aim to balance government authority with potential misuse risks. Section 69A remains the primary tool for national security-related content takedowns, involving more formal procedures.
Maheshwari’s remarks were made at an SFLC.in event in Delhi on Monday, providing rare insight into the operational distinctions between Sections 79(3)(b) and 69A of the IT Act and the rationale behind recent regulatory amendments.