Law for regulation of hateful content on social media: Plea in Supreme Court

A plea has been filed in Supreme Court for directing the Centre to frame guidelines envisaged under the provisions of Information Technology Act, 2000, pertaining to hate messages against any Religious Community including Islamophobic posts on various Social Media platforms. 

Drawn and filed by Khaja Aijazuddin, the plea challenges the order dated April 22, 2021 passed by High Court of State of Telangana (“impugned judgement”) whereby the High Court had directed the petitioner to approach the Top Court for relief with regards to directing Cabinet Secretary, Government of India and Home Secretary, Ministry of Home Affairs to restrain  all online social media networks operating in India and not to carry out any Islamophobic posts or messages hurting or insulting the feelings of a particular community. 

“An absence of the Guidelines as envisaged under the provisions of IT Act, 2000,pertaining to hate messages against any Religious Community including Islamophobic posts on various Social Media platforms, including, but not restricted to Twitter, Facebook, Instagram, amongst others and all the online Social media networks of sites operating in Territorial Jurisdiction of India for which Respondent Nos. 1, 2 & 6 have got authority and control under law to act upon, to see that rule of law is followed in toto.”, the plea states.

It has also been argued that the High Court in its impugned judgement with regards to the relief sought by the petitioners to direct the Government of India, to register criminal complaint against Twitter and its users, who were spreading hatred messages, merely directed the Home Secretary, Ministry of Home Affairs to consider the petitioner’s plea. 

The petition states that as a result of massive publicity given by media that positive cases of coronavirus symptoms were found from Tablighi Jamaat at Nizamuddin, Delhi, there was massive trending of Tweets on the Twitter attaching the Muslim religion to the cause of spread of coronavirus. 

Furthermore, the plea also states that failure of the Respondents to act upon the petitioner’s representation, the petitioners preferred a plea before the Top Court wherein they were directed to approach the High Court of Telangana. Although they approached the said Court but the Divison Bench directed them to approach the Apex Court in regards to their relief of directing the Centre to to restrain all online social media networks operating in India and not to carry out any Islamophobic posts or messages hurting or insulting the feelings of a particular community.

It is also petitioner’s avernment that the High Court directed the Home Secretary, Ministry of Home Affairs to take appropriate steps. However, despite the directions of the High Court, no action has been taken by the Respondents against the offenders.

The plea therefore while seeking for setting aside the impugned judgement also seeks interim relief for directing appropriate agency CBI or NIA to conduct investigation against Twitter and its users who were involved in inflammatory posts.