"Latest IT Rules take care of it:" Supreme Court on plea to restrain social media handles from carrying Islamophobic content

A petition has been filed before the Supreme Court seeking directions to restrain social media platforms from carrying Islamophobic content and to direct a probe by Central Bureau of Investigation (CBI) or National Investigation Agency (NIA) against Twitter and its users involved in putting out “inflammatory posts”.

. A Bench headed by Chief Justice of India NV Ramana also remarked that the latest Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 take of such issues.

"Have you examined the recent IT Rules 2021. It takes care of it," the Bench said.

However the petitioner added that the IT Rules 2021 does not take care of religion in terms of content.

. The petition was filed by advocate Khaja Aijazuddin in the backdrop of the reportage by media on the Tablighi Jamaat incident in New Delhi, Nizamuddin as an alleged cause for spread of Coronavirus.

The petition stated that there was a massive trending of tweets on Twitter attaching the Muslim religion to the cause of spread of coronavirus.

“Massive publicity was given by the media that many of the positive cases of symptoms of coronavirus were found from Tablighi Jamaat at Nizamuddin in Delhi,” the plea said.

The petitioner, therefore, prayed that social media networks operating in India should be restrained from carrying Islamophobic posts.

“Restrain all online social media networks operating in India not to carry any Islamophobic posts or messages hurting or insulting the feelings of a particular community. Issue directions to the Government of India to register criminal complaint against Twitter and its users, who are spreading hatred messages," the plea said.

. The petitioner also urged the Court to direct the government to frame specific guidelines under the Information Technology Act of 2000 about “hate messages against any religious community including Islamophobic posts on various social media platforms”.

. When the matter came up for hearing on Monday, a Bench of Chief Justice of India NV Ramana , and Justice AS Bopanna remarked that the issue regarding Tablighi Jamaat has been forgotten.

"This issue was forgotten? Why do you want to rake this up," the CJI asked.

The Court also asked the petitioner whether he has examined the Information Technology Rules 2021 before filing the petition.

"It never says it takes care of content pertaining to religion. its not mentioned in IT Rules 2021," the petitioner responded.

The Court demanded the petitioner to show the Rules and satisfy the Bench that the Rules do not take care of such content.

The Court also asked the petitioner whether he had made any representation to the Central government highlighting the issue.

The matter was eventually adjourned for next week.

. The petitioner had initially moved the Telangana High Court, which directed him to approach the Supreme Court.

"Latest IT Rules take care of it:" Supreme Court on plea to restrain social media handles from carrying Islamophobic content

Debayan Roy

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