Madras High Court Refuses To Issue Directions For Monitoring & Controlling The Content Broadcasted Over Social Media

The Madras High Court has recently dismissed the petitioner seeking the Court's extraordinary jurisdiction to play the role of a conservative censor board to monitor and control the content of what is broadcast over social media.

"It is open to the petitioner to live in the stone age or to protect his family or his children from the advances of technology. Though specific complaints may be entertained, Courts are not there to impose sanctions or guidelines on how the media or even social media operates, and it is for the other agencies to do so, based on the policy decision taken by the legislature of the day or the executive arm.", Division Bench of Chief Justice Mr. Sanjib Banerjee & Justice R Hemalatha noted. 

In the present matter, a Petition was filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondents Union of India, represented through its Ministry of Home Affairs, The Ministry of Information and Broadcasting & The Ministry of Electronics and Information Technology to take necessary steps to control, monitor, guide and to form a panel of censor members of the social platforms.

"It will be open to the petitioner to propagate the kind of philosophy that the petitioner seeks to espouse, and the rights of choice that are constitutionally guaranteed will not stand in the way. The petitioner may approach the appropriate legislature or executive to effectuate the petitioner's ideas; the Courts cannot impose the conditions as the petitioner desires.", the Court observed while dismissing the petition. 

Lately, the Ministry of Electronics & Information Technology has released Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,2021 ("Code") on February 25, 2021. The Code pertains to due diligence by intermediaries, including social media intermediaries & significant social media intermediaries. It lays down a Code of Ethics in relation to digital and online media (publishers of news & online curated content). 

 

Case Title: S.Umamaheshwaran v. Union of India & Ors