Delhi HC grants more time to social media platforms to respond on suspension of accounts

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The Delhi High Court on Wednesday granted one week's time to those social media platforms that are yet to file their response to the petitions relating to the suspension of accounts.

The High Court listed the batch of petitions for final hearing and disposal on April 13, 2022.

Justice Yashwant Varma granted the last opportunity to social media platforms, that have not filed yet, but wish to do so, to file their response within a week. The court has listed the petitions for the final hearing.

The Court was informed by Advocate Raghav Narayan appeared for Rachit Kaushik that despite the notice, YouTube has not filed a response. The counsel for YouTube sought time to file a reply.

The central government filed its reply to the petition of Wokeflix. The petition was moved through Advocate Mukesh Sharma challenging the suspension of Twitter and Instagram accounts.

The Government of India is committed to upholding the rights of every citizen of the country under Articles 14, 19 and 21 of the Constitution of India, the affidavit filed stated.

It is submitted that the rights of the users on these platforms are to be safeguarded under Articles 14, 19 and 21 of the Constitution of India and the platforms discharging public functions would be duty-bound to ensure that there is no infringement of such rights of the citizens.

The affidavit filed by the ministry of electronics and information technology (MeitY) has stated that it is the custodian of the Information Technology Act, 2000. MeitY under the Act has always maintained the rule of law and performed its lawful obligations as mandated under the IT Act, 2000, and rules framed thereunder.

It is also stated that social media intermediaries must be held accountable for subjugating and supplanting fundamental rights like the right to freedom of speech and expression otherwise same would have dire consequences for any democratic nation. Liberty and freedom of any individual cannot be waylaid or jettisoned in the slipstream of social and technical advancement.

It was submitted that MeitY is the custodian of users' fundamental rights enshrined under the Constitution of India in cyberspace and expects the social media platforms to conform to the constitution of India and observe the principles of natural justice by affording due notice or opportunity to the user before taking action like suspending their accounts permanently.

It has stated that any account can be suspended or de-performed only if the same is required to be blocked in the interest of sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above and based on the orders of Government or the court following the process mentioned under Section 69A of the IT Act, 2000.

The High Court is hearing the petitions moved by Dimple Kaul, Suyash Deep Rai, Jasdeep Munjal, Wokeflix, Rachit Kaushik and senior advocate Sanjay Hegde. The petitioners have challenged the actions of suspension of their accounts by social media giants including Twitter, YouTube and others.

The petitioner has called the action arbitrary and against the law and the Constitution. Their grievance is that their accounts were suspended without affording an opportunity for a hearing.