SC seeks Centre’s reply on removing posts without informing account holders
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New Delhi: The Supreme Court on Monday issued a notice to the Centre after a plea contended that taking down a post on the social media without serving a notice to account holder is a violation of principles of natural justice, India Today reported.
Software Freedom Law Centre filed the plea pointing out that intermediaries like X often takes down posts in response to government orders without informing the account owner.
A bench of Justices BR Gavai and Augustine George Masih made it clear that the account owners, if identifiable, should be heard before taking down their post.
The Supreme Court added ‘Prima facie, we both feel that if there is an identifiable person then a notice should be issued’.
Senior advocate Indira Jaising, representing the petitioner, said termed taking down a post without serving notice to the account holder as a violation of principles of natural justice, adding that a notice should be issued to the person or the intermediary.
Jaising reportedly said ‘Because of this, only the intermediary is served with the notice. This is happening because of the word 'or'. Then rule further says such a notice is confidential, and it is a nail in the coffin. I am not disputing the power to take it down but the person who put it out must be heard. The challenge is under Article 19(1)(a).’
Citing the case of her fellow lawyer Sanjay Hegde, the senior advocate said ‘A senior lawyer of this court, Sanjay Hegde's X account was taken down. No notice and for years it was not made online. I am not giving personal examples... but this is in the public domain.’
The court responded to her argument saying ‘If a person is identifiable, then he has to be given notice and, if not, then the intermediary. It can be read in that manner also.’
