Ex-MeitY cyber-law head explains Section 79(3)(b) takedown mechanism

Former MeitY cyber-law head Rakesh Maheshwari said at an SFLC.in event in Delhi that Section 79(3)(b) of the IT Act was known to carry misuse risk, which is why only senior designated officers may now issue takedown notices. He said platforms are meant to inform users about takedowns, but in practice they do not.

• Maheshwari: misuse risk of Section 79(3)(b) was known when the rule was framed
• 2025–2026 amendments limited which officials can issue takedown notices
• Platforms are supposed to show a takedown banner but often do not
• Ex-MP Gokhale: notices go from an ACP's email but are drafted by a constable