Calcutta High Court directs disclosure of link to Facebook post allegedly offensive to Goddess Saraswati

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The Calcutta High Court in a recent decision directed a petitioner to disclose the URL of a Facebook post which is allegedly offensive to goddess Saraswati. 

The petition has been filed by one Madhurima Sengupta taking Facebook Inc. and the state as respondent parties alleging that an offensive post regarding Goddess Saraswati has been posted on the social media app Facebook. 

Sr. Adv. Mukul Rohatgi, representing Facebook submitted that the URL of the post has not been disclosed and hence it is difficult to trace out the offensive post and that though the name of the person who had posted is mentioned, but he has not been impleaded as a respondent. He further submitted that upon direction of the Court, the post will be taken down. 

Adv. Gen. S. N. Mookherjee representing the state submitted that the State has already initiated proceedings against the person who had posted the said offensive post.

The bench of Chief Justice Prakash Shrivastava, and Justice Rajarshi Bharadwaj, opined that,

"We are of the opinion that if such a message has been posted on Facebook, then it is required to be deleted, as apparently, it is offensive."

The Court asked Facebook to do the needful and directed Sengupta to disclose the URL of the post without any delay. The Court has also asked to implead the person who had posted such a message on Facebook. 

Cause Title: Madhurima Sengupta vs Facebook Inc. India and others