Madhya Pradesh High Court issues notice in plea alleging online gambling, prostitution, hate crimes, economic frauds on social media

The Madhya Pradesh High Court on Monday issued notice in a petition alleging that social media companies were facilitating a whole host of criminal offences including obscenity, hate crime, economic offences, and terrorism (Maatr Foundation v. Union of India & Ors).

. Sitting at the Indore Bench, Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla directed the Registry to place on record documents in support of the allegations made by the petitioner. It also directed that the correct names of the social media companies be added to the array of parties.

. The petition was filed to curb the "dire repercussions" arising out of the use of social media apps and websites like Facebook, Instagram, Twitter and WhatsApp. It is alleged that these platforms are displaying/hosting unregulated, uncertified, sexually explicit and legally restricted content, impairing the integrity of the nation and its citizens by corrupting the minds of children who have access to the content.

"They are not only objectifying women for sexual desires but also portraying them in bad light and are filling the thought with lascivious thoughts which is violative of their fundamental right to live with dignity under Article 21 of the Constitution," the plea stated.

. It goes on to state,

"There are enormous number of children as well as adults who are uploading/displaying content (videos as well as pictures) related to pornography, nudity, selling of nude images, inciting communal hatred, child abuse, betting, terrorism on internet through these platforms only giving rise to the offences which are not monitored by any respective authorities."

. The petitioner has sought the following reliefs, among others:

Direction to Centre to frame guidelines to regulate content broadcasted by social media companies.

Removal of such content from social media platforms.

Formation of an ad hoc committee to discuss the issues raised in the petition.

. Counsel appearing on behalf of the petitioner told the Court how these social media platforms are violating several Indian laws by indulging in online gambling/betting, economic frauds, violation of privacy, spreading of communal hatred and sharing obscene/pornographic content relating to children and women. The other alleged violations include data theft, violation of copyright, trademarks etc, as well as defamation of the government, defence forces, the judiciary and the executive, and obscene pictures of gods and goddesses.

This, the petitioner contended, is primarily due to the lack of laws and regulations framed in this regard "which can have a treacherous impact on the public as majority individuals spend significant amount of time on these platforms."

. The Court issued notice to the government and the social media companies after it was pointed out that the companies have not been impleaded with the correct description.

. Earlier this year on February 25, the Central Government notified the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 to regulate the functioning of online media portals and publishers, OTT platforms and social media intermediaries

.Social media, online news websites, OTT platforms under regulatory net: Information Technology Rules, 2021 notified. On May 26, Whatsapp moved the Delhi High Court challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to the extent that it needs intermediary platforms to make provisions for “identification of the first originator of the information", and alleged it to be violating the fundamental right to privacy.

.WhatsApp moves Delhi High Court against IT Intermediary Rules 2021 mandating it to trace first originator of information. The present matter will now be heard on July 12.

. Advocate Amay Bajaj appeared for the petitioner organisation.

Senior Advocate Mukul Rohatgi and a team from Shardul Amarchand Mangaldas (SAM) headed by Partners Ajit Warrier and Gauhar Mirza appeared on behalf of Facebook and Instagram.

Senior Advocates Kapil Sibal and Vivek Reddy , along with a SAM team headed by Partners Tejas Karia and Pavit Singh Katoch appeared for WhatsApp LLC.

. [Read the order]

Madhya Pradesh High Court issues notice in plea alleging online gambling, prostitution, hate crimes, economic frauds on social media

Jelsyna Chacko

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