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Synopsis

The Central Government on Wednesday informed the Delhi High Court that the Government will soon introduce a framework to regulate Social Media platforms including de-platforming of users by the platforms.

The Center informed a bench of Justice Yashwant Varma that because the proposed framework would be prospective, it would be necessary to decide current cases of social media account suspension in accordance with the laws already in effect.

The batch of petitions arise out of grievances by multiple users on various social media platforms who were allegedly unduly censored or de-platformed, without notice or opportunity to be heard.

In view of the above, the court allowed the Central Government to appraise the court over the issue and has listed the matter for further hearing on December 19, 2022.

It may be noted that an account with a reach of more than 67,000 followers on Instagram, 29,000 on Twitter, 5,000 on Facebook, and around 2000 subscribers on Telegram, Wokeflix had moved Court against the quashing Meta Inc's decision to remove its access to a link sticker, removing one its stories, and disabling its handle for 30 days on Instagram; and Twitter's decision permanently suspending its handle.

Wokeflix had stated that content posted by it is focused on political satire and funny memes, and challenged both the social media giants' decisions on the premise that its handle is primarily "viewed/ followed by the general public for its expression/ views and free speech pertaining to different topics and issues."

Citing that while many incidents of serious deviations of misreporting remain unchecked, Wokeflix had argued that the suspension of its accounts is "absolutely arbitrary".

In support of this contention, Wokeflix had cited that while the former US President Donald Trump’s account was suspended in light of an attack on January 6, 2021, on the White House on the basis of a widely circulated video of Trump, "the fact remains that the inciting video was being circulated by various accounts misquoting and misinterpreting him."

They have further contended that "in the absence of proper checks and balances" similar situations may arise in India as well - 'where a number of hate speeches go unreported.'

Wokeflix had therefore argued that the "social media platforms are not capable of making the correct judgments with respect to posts that might incite violence or go against the rules of the nation they are being circulated in." Basis this, it has been stated that social media giants "should not be allowed to take decisions without consulting with experts as to which account is to be disabled or suspended."

Case Title: Wokeflix v Union of India; Dimple Kaul v Union of India