In one of the biggest cases concerning online content and social media accountability, the Delhi Police has issued a notice to X, asking the platform to immediately remove content that is allegedly derogatory, malicious and defamatory towards constitutional authorities.
The police asked the social media platform for immediate action on the content. The notice also asks the social media provider to provide information that could help investigators locate the name of the account holder and verify the activity that was happening with the account.
The notice has drawn attention because it clearly goes beyond the removal of the disputed material and asks for information relating to the account, login and logout records, preservation of the relevant content, and a certificate under Section 63(4) of the Bharatiya Sakshya Adhiniyam (BSA).
Police Seek Removal and Preservation of Content
The notice instructed X to take down the content identified by the investigating agency. Delhi Police has argued the material is derogatory, malicious, and defamatory towards constitutional authorities.
Authorities also asked that the relevant material be preserved. Preservation requests are important in digital investigations as online posts, comments, videos, images, and account information can be deleted, modified, or become unavailable.
That is, by asking for the preservation of the material, investigators may be trying to make sure that the relevant digital evidence remains available for examination during the course of the investigation.
The notice does not itself establish that any offence has been committed. The allegations and the content involved would be investigated and any applicable legal process.
Account Holder’s Identity and Login Details Sought
Delhi Police also asked for information on the account holder's identity. The information sought includes account-related records and login and logout details.
Such information may help investigators to know who operated the account, when the account was accessed, and if the content was uploaded or shared through the account under review.
Digital records can play a critical role in establishing the origin, timing, and distribution of online material. But the collection and use of such information is governed and regulated by law and regulations.
The account information request may also include records available with the platform that are relevant to the police investigation.
Reference to Section 63(4) of the BSA
The notice also seeks a certificate under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023.
This relates to admissibility and authentication of electronic records. A certificate will be needed to support digital material in evidence by describing the electronic record and how it was made or obtained.
The request shows investigators want to preserve and document the digital material in a way that can be relied upon in court.
Electronic evidence can include social media posts, messages and account records, digital files, and other information stored or transmitted through computer systems and online platforms.
Questions Over Social Media Accountability
The notice has reignited this discussion as to what social media platforms are responsible for when law enforcement agencies determine if some content is unlawful or defamatory.
The platforms can be contacted by government agencies and courts to remove, limit, preserve, or disclose information. Their response may be influenced by laws, legal requirements, platform policies, and the content of the request.
The case also underscores the importance of digital evidence in criminal investigations. Social media is increasingly a place of public debate and political discussion, so disputes over online content will be examined through legal and investigative frameworks.
Further Details Awaited
The identity of the account holder and the exact content mentioned in the notice were not disclosed in the information available.
It was also not clear whether X had removed or restricted access to the content or whether the platform had formally responded to the Delhi Police notice.
Further details may emerge as the investigation goes on and authorities provide more information about the allegations and the legal provisions being invoked.
The development will be closely watched, because it’s a question for online speech, platform accountability, digital evidence and law enforcement agencies’ authority to seek information from social media companies.
The Delhi Police is seeking the removal of the derogatory and defamatory content and the identification of account holders and login information immediately. Next steps will be determined by the platform and the findings of the ongoing investigation.
