Social media firms have rejected requests before

The Madras High Court has recently observed that the Information Technology (Intermediaries Guidelines) Rules make it clear that when required by a lawful order the intermediary (social media firm) shall provide information or any such assistance to government agencies which are lawfully authorised to investigative.

A bench of Justice S. Manikumar and Justice Subramonium Prasad of the Madras High Court was issuing notice to internet service providers and social media giants on a petition moved by one Antony Clement Rubin. The petitioner was seeking a direction to the government to make linking of Aadhaar or any one of the government-authorised identity proof mandatory for authentication while creating e-mail and other social media accounts.

The bench pointed out that though the deputy commissioner of police of the Chennai Central has made request to furnish details, social media companies have not furnished it in many cases and also rejected the requests.

The bench said, “Having regard to the fact that some information, disseminated is an offence, punishable under Indian law, the law enforcing agencies request the intermediaries to furnish details, for investigation/detection and as per rules, the intermediary shall observe due diligence in the discharge of his duties.”

The petitioner told the court that linking of government-issued ID proof to create accounts on Facebook, Instagram, YouTube and Twitter or utility accounts like PayTM, Uber, Ola, Gmail, Yahoo and HotMail would help in tackling rising cyber crimes and incidents of cyber defamation and cyberstalking and to protect the innocent “victimised e-citizens of India.”

Recently Union IT minister Ravi Shankar Prasad told the Rajya Sabha that social media platforms will have to abide by the law of the land.

The minister said, “The Centre is committed to freedom of speech and expression and privacy of its citizens as enshrined in the Constitution. The government does not regulate content appearing in social media platform. These social network platforms, though, are required to follow due diligence as provided in Section 79 of the Information Technology Act 2000 and the Rules notified therein. They have also to follow Article 19 (2) of the Constitution and ensure that their platforms are not used to commit and provoke terrorism, extremism, violence and crime.”

Mr Ch. Y. Srinivas Kumar, assistant police commissioner, cyber crimes, Hyderabad, hoped that the Madras High Court would give a direction to these social media giants and internet providers to extend required support to the police in cracking the cyber crimes.