We only provide platform, won’t appear before Delhi Assembly panel, FB tells SC
The Supreme Court (SC) on Thursday extended the relief granted to Facebook India and Ajit Mohan, its vice-president and managing director, at its previous hearing from appearing before a Delhi Assembly panel till the next hearing, scheduled for December.
The matter pertains to a petition filed by Facebook India and Mohan, challenging the summons issued by Delhi Assembly’s Committee on Peace and Harmony, which is probing the social media giant’s alleged failure to track down hate speech during the Delhi riots that took place in February.
Meanwhile, the Centre told the apex court that Delhi panel’s proceedings were “without jurisdiction” as the issue pertained to law and order.
Solicitor General Tushar Mehta submitted before a Bench of Justices S K Kaul and Dinesh Maheshwari that “public order and police are not within the domain of the Delhi Legislative Assembly and therefore this proceeding is without jurisdiction.” The Bench posted the matter for arguments on December 2.
“Facebook asserted that it will not appear before the Delhi Assembly’s panel,” said Sumit Kochar, a corporate commercial lawyer and transaction advisory partner at Dolce Vita Trustees. “It said there is no meaning of summoning Facebook as a witness as it only provides a social media platform and doesn’t write anything leading to any social issue, hence, summoning Facebook for any proceeding is futile.”
Facebook did not comment on the development. Senior advocate representing Mohan had mentioned that the right to freedom of speech and expression under Article 19(1)(a) of the Constitution includes the right to not speak.
The Delhi Assembly in a counterclaim submitted earlier had mentioned that the witness (Facebook) cannot claim his right to silence or to be let alone in response to the summons to depose before a lawful committee of empowered legislation. It had said the right to remain silent is not a fundamental right except when the person is an accused under Article 20 of the Constitution.