J&K High Court has closed proceedings against YouTube, Facebook and Twitter in a Public Interest Litigation on its motion with regard to alleged sexual violence of a minor on 8 May 2019 in north Kashmir’s Bandipora district, wherein the court had directed the three social media platforms to remove all posts and publications which “tended to disclose the identity and name of the infant victim.
Now, in a application before the Court, Mukul Rohatgi, Senior Advocate, on behalf of Facebook, Inc had sought modification of the said order.
“Use of the expression ‘tend to disclose’ brings in ambiguity and is capable of misinterpretation” Rohatgi said. He referred to the directions by the Supreme Court of India in which the top court has delineated on the liability of an internet service provider for and the manner in which a service provider has to proceed with regard to the objectionable material posted on its platform.
“On a consideration of the matter, we find substance in the contentions made before us. The expression ‘tend to disclose’ is capable of being misused and would lead to multiplicity of complaints and litigation against the service providers on differential interpretations of this expression,” a division bench of Chief Justice Gita Mittal and Justice Puneet Gupta said.
The Court closed the proceedings after observing that “Perusal of status reports filed by the intermediaries would show that these intermediaries have complied with the requirement of law and the orders passed by this Court from time to time.”
The Court however directed the YouTube, Facebook and Twitter International Company to remain bound even in future to remove all the materials / posts / publications and name of the infant victim of the sexual violence of Bandipora, which may be posted on any platform maintained by them, strictly in terms of the judgement of the Supreme Court of India reported at (2015) 5 SCC 1, Shreya Singhal v. Union of India.
The Court listed the matter for further consideration on 21 December, 2020.