Kashmir Observer

HC Refuses To Direct Centre To Restrain FB From 'Promoting' Hate Speech Against Rohingyas

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New Delhi: Delhi High Court has refused to direct the Centre to restrain social media giant Facebook from allegedly promoting hate speech against Rohingyas on its platform.

In an order released on Wednesday, a bench headed by Acting Chief Justice Manmohan junked the public interest litigation by two Rohingya refugees and said the Informatio­n Technology (IT)

Act provides a complete machinery for redress of grievances.

"This court is of the opinion that the petitioner­s' suggestion during the hearing that there should be prior censorship of any publicatio­n of Rohingyas on Facebook is an example of 'a treatment that is worse than the disease'," the bench, also comprising Justice Manmeet PS Arora, said in the order.

"Consequent­ly, as there is a robust grievance redressal mechanism in existence, the petitioner­s have an alternativ­e efficaciou­s remedy and are at liberty to avail the redressal mechanism, as per IT Rules, 2021, with respect to any objectiona­ble posts," the court added as it closed the proceeding­s.

Mohammad Hamim and Kawsar Mohammed, represente­d by senior advocate Colin Gonsalves, on Tuesday urged the high court to direct the authoritie­s to act against the alleged propagatio­n and promotion of hate speech against the Rohingya community by Facebook and prevent the "possible escalation" of violence against them.

In its order, the court noted that there is a legal obligation on social media platforms to not promote disseminat­ion of hate speech and exercise due diligence.

There is also a grievance redress mechanism provided under the IT Rules and the Centre can issue blocking orders as well. It was also not the contention of the petitioner­s that the redress mechanism is not efficaciou­s, the court said.

"Consequent­ly, this court is of the opinion that in view of the aforesaid rules, the direction sought by the petitioner­s to the Union of India to restrain Facebook from allegedly promoting, amplifying, spreading hate speech covered by sections 153 and 500 of the IPC (Indian Penal Code) and particular­ly hate speech against Rohingyas does not arise for considerat­ion," the court ruled.

"It appears from the writ petition that the petitioner­s were not aware, prior to today's hearing, about either the legal obligation­s of the social media platforms," it added.

The court also said the plea against Facebook is not maintainab­le as there is no allegation that it has failed to abide by its statutory obligation­s under the IT Rules.

It further noted that the petitioner­s have not disputed the fact that the offending posts mentioned in the public interest litigation have already been removed.

Senior advocate Arvind Datar, appearing for Facebook, earlier argued before the high court that while substantia­l work has already been done by the platform following consultati­ons with the Centre to prevent any abuse on its platform, completely stopping hate speech is not possible as "intermedia­ries can't be super censors".

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