The Kerala High Court on Monday sought a response from the Union government and the State on whether any order was issued to Facebook directing it to block the page of Malayalam digital news platform 'NoCap' in India [Hyder Ali K v Union of India & ors].
Justice Ziyad Rahman AA issued the direction while considering a petition filed by NoCap's Chief Editor, Hyder Ali K, challenging restrictions imposed on news organisation's Facebook page.
The plea alleges that this was done without disclosing the reasons for blocking the page or without providing a copy of the blocking order.
The Court also sought a response from Meta Platforms, which operates Facebook.
"CGC (for Central government) and GP (for State) to get instructions as to whether any orders have been issued to R5 (Meta) for blocking the account," the Court ordered.
The matter has been posted for further consideration on November 5.
In his plea, NoCap's Editor has submitted that the platform is an independent digital news organisation established in November 2023. On September 28 this year, the portal received a notification from Facebook informing it that its content had been restricted in India.
The notification merely referred to a notice issued by the government under Section 79(3)(b) of the Information Technology Act, 2000, restricting the page in India. However, it did not specify the legal authority which issued the notice, the content that was found objectionable or the reasons for blocking the page.
"In the absence of such disclosure, (NoCap) is unable to ascertain the factual basis for the action or whether the restriction is supported by sufficient material. The Respondents (authorities) must therefore place the relevant order and material before this Hon’ble Court to enable an effective assessment of the legality of the Impugned Order," the petition said.
The petitioner has contended that blocking its entire Facebook page without identifying any unlawful content violates the fundamental rights to freedom of speech and the right to practice a profession under Articles 19(1)(a) and 19(1)(g) of the Constitution.
The petitioner added that NoCap had approximately 1.62 lakh Facebook followers before its page was restricted in India and that there was a sharp decline in the platform's reach as well as revenue after its page was blocked.
The plea further says that the restriction was imposed without giving the channel an opportunity to be heard, thereby violating the principles of natural justice.
The petitioner has urged the Court to direct the authorities to produce the blocking order and to restore access to NoCap's Facebook page in India.
Advocates Prasanth Sugathan, Varsha Bhaskar and Malavika K appeared for the petitioner (NoCap's Chief Editor).