As per a report by MediaNama, Justice Tribhuvan Dahiya of the Punjab and Haryana High Court held on October 5 that the Superintendent of Police, Yamuna Nagar, "usurped the power not vested in him" when he sent Meta a Section 79(3)(b) notice that led to the blocking of the Facebook page of Haryana 24 News Network. MediaNama reports that the page was inaccessible for 45 days from August 21, that the outlet received no notice and that Meta's message said only that the block followed a notice from the government or law enforcement. The police alleged that a director of the company was an accused in a criminal case involving intimidation. The IT Rules require such notices to come from an officer not below the rank of Deputy Inspector General with specific authorisation, according to the report.
The Court also held, on natural justice, that "a copy of the intimation must be furnished to the user when it is sent to the intermediary," and rejected the argument that the outlet should use Meta's grievance process. It directed Meta to restore the page within 24 hours of receiving a certified copy of the order, and directed that any future notice be shared with the outlet immediately after it is sent to Meta. MediaNama reports that the ruling applies to Punjab, Haryana and Chandigarh. The report does not say whether the page has been restored.
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