Instagram has withheld editorial cartoonist Satish Acharya’s account in India since Monday, September 28, citing legal requirements under India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, according to medianama.com. The restriction specifically references a government notice under Section 79(3)(b) of the Information Technology Act, 2000, marking a significant enforcement action against content on the platform.
The account suspension followed a sequence where some of Acharya’s cartoons, including those published in 2023, were restricted individually before the entire account was withheld. The notice on the restricted content cited a government or law enforcement directive under Section 79(3)(b), which requires platforms to act on such notices or risk losing safe harbour protections. The Supreme Court is currently examining whether Section 79(3)(b) can be used as a blocking power, as it differs from Section 69A, which the court upheld in 2015 with procedural safeguards.
This action comes amid ongoing legal scrutiny over content takedown powers in India. The Supreme Court took over four High Court cases in August concerning the use of Section 79(3)(b) for blocking content, staying those cases in the process. Meanwhile, platforms like Instagram, Facebook, and YouTube have received nearly two lakh notices between March and July, reflecting increased government intervention in digital content moderation. Acharya’s case highlights the tension between platform immunity and government directives under Indian law.
The Supreme Court’s decision on the use of Section 79(3)(b) as a blocking provision is pending, with the court having stayed related High Court cases in August. This legal review will determine the future scope of government notices and platform compliance under the IT Act, affecting millions of users and content creators in India.