KlauvyKarnataka High Court sets limits on FIRs over social media posts
This week
the issue in briefThis week asked who has to check a post, and when. A High Court told police to read a repost before they register a crime over it, and MeitY asked platforms, Meta by name, to look harder at what their feeds amplify. Abroad, Brussels and Norway pressed on how ranking and consent work in practice. The question in each: who does the checking?
In brief
five things to know- Courts: the Karnataka High Court quashed an FIR over a reposted report of an incident and told police to test a post against the offence before registering a crime.
- Platforms: MeitY advised all social media platforms, and Meta by name, to take more care over out-of-context content and over what recommendation systems amplify.
- Courts: the Madras High Court granted bail to a man accused of AI scam videos, with no finding on guilt and a bar on running the accounts.
- Abroad: the European Commission opened a Digital Services Act case against Booking.com over scams and boosted listings.
- Abroad: Norway fined Xandr EUR 8.6 million because it relied on another company's consent.
Cover story
the week's big developmentKarnataka High Court sets limits on FIRs over social media posts
On 16 October 2026, Justice M. Nagaprasanna of the Karnataka High Court quashed a First Information Report (FIR) against the administrator of an X account.1 The same order sets out guidelines for how Karnataka's police should handle crimes that arise from social media posts.7
The account, Karnataka Portfolio, had reposted a report of an incident on 8 July 2026 in Puttur, where six young men allegedly threatened a woman with a knife and followed her in an SUV.1 The caption read "Law and Order under Fire: Six held after Hindu woman alleges knife threat in Puttur".1 A complainant said the post targeted him and his friends and aimed to create communal tension, and police registered Crime No. 88 of 2026 under section 353(2) of the BNS, the criminal code.1 The administrator then learned that seven crimes, Nos. 82 to 88 of 2026, had been registered at the same police station over the same incident.2
The court looked at what the post said. It found that the complaint and the tweet "nowhere names any religious groups".4 It called the underlying event "a serious incident" and asked: "If this should not be reported in the social media what else can be posted."4
Section 353(2) punishes a statement containing "false information, rumour or alarming news" made with intent to promote, or likely to promote, enmity between religious, racial, language or regional groups, castes or communities.3 The court says it was section 505 of the earlier Indian Penal Code. It recalled Supreme Court decisions on that section: intent is an essential ingredient, and at least two groups or communities must be involved.5
The guidelines. The court built on Supreme Court rulings on arrest and on Telangana High Court guidelines that the Supreme Court declined to disturb.6 It told the police in Karnataka to follow these directions, "subject always to the provisions of the BNSS" and Supreme Court law:7
- Check first whether the allegations, taken at face value, disclose the essential ingredients of the offence. Copying the wording of the penal provision is not enough.
- Where complaints arise from the same incident, ask whether a crime is already registered. A fresh crime is not to be registered "merely because the complainant is different", unless the allegations disclose a distinct occurrence or offence.
- Consider a preliminary inquiry, an early check of whether a complaint has substance, only where the law allows it. It must not become "a device to avoid registration of a cognizable offence" where the law requires registration.
- Before using section 353(2), examine whether the statement meets its ingredients, including intent.
- Registration of a crime does not automatically lead to arrest. If the conditions for arrest are not met, police follow the BNSS section 35(3) route: a notice asking the person to appear.
- The Director General and Inspector General of Police must pass the principles on to all police officers through administrative instructions.
Mere criticism or expression of disagreement shall not be mechanically brought within its ambit.
The court allowed the petition and quashed the FIR. It directed that the guidelines be followed and that the Director General and Inspector General of Police "shall ensure strict compliance".8
Why it matters: the order does not change the text of section 353(2). It tells police in one state how to read the section before they act, and how to treat the repost of a report of an incident. The court says its guidelines sit within the BNSS and Supreme Court law, so they read as a checklist rather than a new power.7
The Rulebook
new rules, drafts and circulars in IndiaMeitY advises social media platforms to take more care over out-of-context posts
On 8 October 2026, the Ministry of Electronics and Information Technology (MeitY) issued an advisory to all social media intermediaries (SMIs). The SMIs are intermediaries.9 MeitY says false, misleading, manipulated or out-of-context content about public events "has the potential to cause public confusion, create apprehension, disturb public order and social tranquillity".9
What it asks. The advisory advises platforms to exercise "enhanced diligence". It points to old or archived photographs and videos presented as current events, altered or synthetically generated audio-visual content, impersonation of public authorities, and content likely to incite violence.9 It also advises them to label or contextualise manipulated, synthetic or misleading content, particularly when it is presented as a current event, and to give priority to complaints from authorised government agencies.9
The rule behind it. The advisory ties this to the IT Rules, 2021, which it says require intermediaries to tell users what information is prohibited.9 Among the listed categories is information that "threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order".10
Watch for: the safeguards. MeitY says the advisory should respect "lawful expression" and that any action must be consistent with the IT Act and the IT Rules.9 Unlike the Meta advisory below, it does not ask platforms to report back.
MeitY asks Meta to check what its recommendation systems amplify
On 10 October 2026, MeitY sent a separate advisory to Meta Platforms about what its feeds and recommendation systems show to users. MeitY says content about public events "is being prominently displayed and recommended to users through the feeds/recommendation systems of platforms operated by Meta".11
What it asks. The advisory advises Meta to exercise "enhanced diligence" over content "surfaced, recommended or amplified". It also advises Meta to review its "recommendation and content-ranking mechanisms" so that misleading, manipulated or out-of-context content is not "disproportionately amplified or repeatedly recommended".11 Recommendation systems should not expose users to "a single or limited set of narratives", and Meta should "endeavour to provide appropriate diversity of relevant and credible information".11
What's new: the 8 October advisory speaks of information disseminated on platforms. This one is about ranking, and it asks Meta to "apprise the Ministry of the measures undertaken". It sets no deadline beyond "immediate effect", and it says lawful civic and public discourse should not be "unnecessarily restricted".11
MHA asks for views on a nationwide broadband network for police and disaster teams
On 23 October 2026, the Ministry of Home Affairs (MHA) invited comments on the design of a proposed Broadband Public Protection and Disaster Relief (BB-PPDR) network.12 It would be a dedicated nationwide network for State and Union Territory police, the Central Armed Police Forces, the National Disaster Relief Force, fire and medical services and other public safety agencies.12 It would carry "Mission Critical Push-to-Talk", voice at the press of a button as on a walkie-talkie, along with data and video.12
What it asks. MHA wants input to design the "reference architecture", on design options, the technology to adopt, comparative merits and demerits, cost efficiency and suitability to Indian conditions.12
Watch for: comments are due by 5 November 2026.12
Benchmarks
what the courts decidedMadras High Court bails an AI scam video accused on strict terms
On 23 October 2026, Justice N. Ramesh of the Madras High Court granted regular bail, release on conditions while the case goes on, to a man from Alwar, Rajasthan, who was arrested on 12 September 2026. The prosecution says he generated AI scam videos on Facebook, impersonating the Chief Minister of Tamil Nadu, and collected registration fees. The charges include sections 66C and 66D of the IT Act.13
The accused said another person used his mobile number, Facebook identity and bank account. The court did not choose: "Which of the two is true is a matter for the investigation, and it cannot be resolved on affidavits. I record no finding on it."14
The court found nothing to show that recovery or custodial interrogation was still needed. Its answer to the risk of absconding was "a set of conditions that can be verified and enforced, not continued detention".14 He may not operate the two Facebook accounts or "create, publish, or circulate any digitally manipulated audio-visual material of any person".14
Why it matters: this order writes AI-made media into its bail terms. It is a bail order only, and it does not decide whether he made the videos.
Meanwhile, abroad
and why it matters hereBrussels opens a Digital Services Act case on scams and boosted listings at Booking.com
On 21 October 2026, the European Commission opened formal proceedings to assess whether Booking.com breached the Digital Services Act (DSA).15 It will look at fake listings such as non-existent properties, phishing that exploits reservation and guest data and the messaging service, and paid-for "boosted" listings.15
Providers rank higher by paying a higher commission, and the Commission will test whether users can tell these listings are advertisements.15 The test is DSA Article 26(1): users must be able to identify each advertisement "in a clear, concise and unambiguous manner and in real time".16 Opening proceedings "does not prejudge any final outcome", and the Commission may accept commitments from Booking.com.15
India angle: the item matters here for method. This week MeitY used an advisory to ask Meta to review how its ranking works, while Brussels tests ranking against a named article in a formal case.
Norway fines Xandr EUR 8.6 million for relying on another company's consent
On 16 October 2026, the European Data Protection Board (EDPB) published a summary of a decision by Norway's data protection authority (Datatilsynet). It fined Xandr, an advertising technology firm now part of Microsoft, EUR 8,600,000, its highest fine to date.1718 The case concerned real-time bidding in the dating app Grindr.17
The authority found that Xandr processed the fact that people used Grindr, which it treated as data about sexual orientation.17 GDPR Article 9(1) prohibits processing such data, and Article 9(2)(a) lifts the ban where the person gives "explicit consent".19 Xandr relied on Grindr's consent, which the authority found invalid. The authority said "accountability cannot be outsourced": each joint controller must check that consent covers its own processing.1719
India angle: the Digital Personal Data Protection (DPDP) Act asks for consent that is "free, specific, informed, unconditional and unambiguous".20 Section 2(i) defines a data fiduciary as a person who decides the purpose and means of processing, and section 8(1) keeps it responsible for its processing "irrespective of any agreement to the contrary".20
The EU publishes its first harmonised standard for the AI Act
On 19 October 2026, the European Commission announced that the Official Journal of the EU now carries the reference to EN 18286:2026, the first harmonised standard supporting the AI Act.21 It covers the quality management systems that providers of high-risk AI systems must have under Article 17.2122 Under Commission Implementing Decision (EU) 2026/2274, providers who follow it get a "presumption of conformity" with the Article 17 requirements it covers.21 It sits on top of standards such as ISO/IEC 42001, and more harmonised standards are expected to follow.21
India angle: the AI Act applies to providers placing AI systems on the EU market "irrespective of whether those providers are established or located within the Union or in a third country".22 Indian providers of high-risk systems that reach that market may therefore look to this standard.
What this changes
in your contracts and policiesThis week's stories share one question, who checks a post, a ranking or a consent, and it points platforms and their advisers to the content moderation and government request clauses of their policies and contracts. MeitY's advisories ask intermediaries to label manipulated content and to give priority to complaints from authorised government agencies.911 Businesses may want to look at who decides what is out-of-context, how ranking changes are recorded, and how a police complaint is escalated.7
Further reading
worth your time this week- Guilty Until Proven Peaceful Under India's Preemptive Policing CrackdownTech Policy Press · Essay
Amber Sinha argues that India's "public order" powers, with surveillance technology, are being used to stop protests before they happen. A critical view of public order.
- Meta Moderation Failures Loom Over Brazil's Runoff Presidential ElectionTech Policy Press · Essay
Tatiana Dias sets out allegations about Meta's moderation and ranking in Brazil, with Meta's denial. A live case on the amplification question.
- Notes from the Asia-Pacific region: Key developments in India's digital policy landscapeIAPP · Opinion
Shivangi Nadkarni's practitioner round-up of the month, from the DPDP compliance deadline to deepfake cases.
Between the lines
what the week adds up toIndia is drawing the line on online speech and public order at two points at once. MeitY asks platforms to look harder at what they recommend, while the Karnataka High Court tells police to look harder before they treat a repost as a crime.
The documents come from different places. MeitY's advisories ask platforms to review ranking and to label out-of-context content that may disturb public order.911 The court quashed an FIR over the repost of a news report, noting that the post named no religious group.4 Yet each carries its own brake: the advisories say lawful expression must not be "unnecessarily restricted", and the court says mere criticism must not be "mechanically" brought within section 353(2).711
Read together, they suggest that the question of who decides what is false or dangerous online is now put to platforms and police at the same time.
The counterpoint is strong. The documents do not refer to each other and bind different people: the judgment directs police in Karnataka, while the advisories only advise and name no penalty.811 "Public order" in the IT Rules and the intent test in section 353(2) are also different legal standards.310 The match may be a coincidence of one week, not a pattern.
What to watch
Whether Meta or other platforms publicly describe any change in how they rank or label content on public events. Whether MeitY follows the advisories with a further text. And whether the Karnataka Director General of Police issues the administrative instructions the court ordered.
The paper trail
every source in this issue- Sandeep Kumar v. State of Karnataka & Anr., Karnataka High Court, Criminal Petition No. 13010 of 2026, order pronounced 16 October 2026, paras 1, 3.1 and 7 (copy hosted by LiveLaw). Primary
- Sandeep Kumar v. State of Karnataka & Anr., Karnataka High Court, Criminal Petition No. 13010 of 2026, order pronounced 16 October 2026, paras 3.2 and 8. Primary
- Sandeep Kumar v. State of Karnataka & Anr., Karnataka High Court, Criminal Petition No. 13010 of 2026, order pronounced 16 October 2026, para 9. Primary
- Sandeep Kumar v. State of Karnataka & Anr., Karnataka High Court, Criminal Petition No. 13010 of 2026, order pronounced 16 October 2026, paras 7 and 8. Primary
- Sandeep Kumar v. State of Karnataka & Anr., Karnataka High Court, Criminal Petition No. 13010 of 2026, order pronounced 16 October 2026, paras 9.1 and 9.2. Primary
- Sandeep Kumar v. State of Karnataka & Anr., Karnataka High Court, Criminal Petition No. 13010 of 2026, order pronounced 16 October 2026, paras 10.3 to 10.5. Primary
- Sandeep Kumar v. State of Karnataka & Anr., Karnataka High Court, Criminal Petition No. 13010 of 2026, order pronounced 16 October 2026, para 11(i) to (vi). Primary
- Sandeep Kumar v. State of Karnataka & Anr., Karnataka High Court, Criminal Petition No. 13010 of 2026, order pronounced 16 October 2026, para 12. Primary
- Ministry of Electronics and Information Technology, Advisory to Social Media Intermediaries regarding prevention of dissemination of misinformation and other unlawful content having potential to affect public order, File No. 6(2)/2026-Cyberlaws, 8 October 2026, paras 1 to 7. Primary
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, consolidated as of 10 February 2026, rule 3(1)(b)(vii), MeitY. Primary
- Ministry of Electronics and Information Technology, Advisory to Meta Platforms regarding recommended content on social media platforms having potential to affect public order, File No. 6(2)/2026-Cyberlaws, 10 October 2026. Primary
- Ministry of Home Affairs, Soliciting public opinion and stake holders input on Design of Network Architecture for the proposed Broadband Public Protection and Disaster Relief (BB-PPDR) System, PIB Release ID 2327670, 23 October 2026. Primary
- Shyabu Khan v. State, Madras High Court, CRL OP No. 30875 of 2026, order dated 23 October 2026, paras 1, 2 and 4 (copy hosted by LiveLaw). Primary
- Shyabu Khan v. State, Madras High Court, CRL OP No. 30875 of 2026, order dated 23 October 2026, paras 6 to 9. Primary
- European Commission, Commission to investigate how Booking.com combats scams and fraud under the Digital Services Act, IP/26/2223, 21 October 2026. Primary
- Regulation (EU) 2022/2065 (Digital Services Act), Article 26(1). Primary
- European Data Protection Board, Norwegian DPA fines Xandr EUR 8 600 000 for unlawful processing of personal data, 16 October 2026. Primary
- Datatilsynet, Microsoft company fined NOK 92 million. Primary
- Regulation (EU) 2016/679 (GDPR), Articles 9(1), 9(2)(a) and 26(1). Primary
- Digital Personal Data Protection Act, 2023, ss. 2(i), 6(1) and 8(1), MeitY. Primary
- European Commission, First harmonised standard supporting the AI Act published in the Official Journal, 19 October 2026. Primary
- Regulation (EU) 2024/1689 (AI Act), Articles 2(1)(a), 2(1)(c) and 17(1). Primary
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