Center backs action against social media platforms for suspending accounts without notice | Latest India News
He said this in an affidavit filed in the Delhi High Court in response to petitions from two Twitter users against having their accounts suspended.
New Delhi: Action must be taken against social media intermediaries for failing to issue notice before suspending accounts for alleged violations, the Center said in an affidavit filed in the Delhi High Court on Wednesday.
“…Otherwise it would have disastrous consequences for a democratic nation…the liberty and liberty of any individual cannot be hijacked or abandoned in the wake of social and technological development,” the affidavit states. He added that users can sue a social media platform to suspend accounts without notice.
The affidavit was filed in response to petitions from two Twitter users against having their accounts suspended.
The Center told Judge Yashwant Varma that intermediaries must uphold fundamental rights by giving proper notice before suspending accounts or they should be held liable for subjugating and supplanting the rights of speech and expression . “In all other cases, the user must be given advance notice and a transparent process of natural justice, including the right to go to the platform’s complaints officer and the appropriate disposition for appeals to ensure a transparent and fair process that meets all the principles of natural justice.Any comprehensive de-platform is contrary to the spirit of Articles 14, 19 and 21 of the Constitution of India to which every citizen is entitled,” the statement reads. affidavit.
The Center said it expects the platforms to abide by the Constitution and uphold the principles of natural justice. “Platforms must respect the fundamental rights of citizens and must not delete the account itself or completely suspend the user’s account in any case. That the deletion of all information or the user account should be a last resort and that the platform may at all times endeavor to protect the fundamental rights of users by following the principles of natural justice and granting a delay and an opportunity reasonable to the user to explain his position.
The stance is contrary to that taken in the case of lead attorney Sanjay Hegde’s account suspension. The Center then said the issue was between Hedge and Twitter and told the court he was not a necessary party to the proceedings.
The Center said a platform can give notice to the user and request the removal of specific information or content that violates its policies or rules on information technology (guidelines for intermediaries), 2021. He said that a social media account can only be suspended or de-platformed in cases such as those related to the sovereignty, security and integrity of India, friendly relations with foreign states or public order or pursuant to a court order or if the content is manifestly illegal, such as sexual abuse material, etc.