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Why has been the PIL filed?

  • A writ petition in the form of a Public Interest Litigation (PIL) has been filed by Advocate Vineet Jindal through Advocate Raj Kishor Choudhary before the Supreme Court of India.
  • The plea seeks directions to be issued to the Centre for framing of separate laws for criminal prosecution of persons who are engaged in spreading hatred and fake news through social media platforms for the purpose of regulating various social media platforms and also to make WhatsApp, Instagram, Facebook, Twitter etc. directly responsible for the dissemination of hatred-related speeches and fake news in the society.
  • It also sought a direction from the apex court asking the respondents to establish a mechanism for the removal of such hate speeches and fake news automatically within a short span of time in order to avoid counter production of opinions on such controversial subjects. Furthermore, it asked also sought a direction for the respondents to appoint an expect investigating officer in each case registered for spreading hate speeches and fake news through any Social Media Platform.
  • The respondents in this plea are the Union of India, Ministry of Home Affairs, the Ministry of Corporate Affairs, the Ministry of Telecommunication, Twitter Communications India Private Limited and Facebook India.
  • The plea has been filed taking into consideration the two tweets on the Twitter account @ArminNavabi of one Armin Navabi against the Hindu deities and the use of derogatory or insulting remarks.
  • What does the petition contain? (SLIDE 3, heading on top, and picture below)
  • The PlL states, "The petitioner has been compelled to file the present writ petition in the public interest for directing the respondents to make laws for regulating/governing social media platforms. "
  • The petitioner in its plea states that, "Our country has seen plenty of communal violence in the past, but in today's time of social media, these aggressions are not just restricted to the regional or the local population, the entire country is taken along. The fog of rumours, innuendo, and hate that act as kindling in a local communal clash immediately spread across India through social media. This has reduced the social distance between local communal conflict and national communal polarization. Today, a local communal conflict can be made a national issue in seconds, and a larger communal narrative can quickly be constructed from a patchwork of local incidents ."
  • "Social media's reach is much wider than that of the traditional media. Freedom of speech and expression under Article 19(1) of the Constitution goes hand-in-hand with reasonable restrictions that may be imposed under Article 19(2)," the plea added.

What is the contention of the petitioner? 

  • The petitioner contended that it would be beneficial for India to look at the regulation standards formulated and implemented by various countries before introducing guidelines which form a balance between freedom of speech and accountability of social media platforms .
  • A large number of horrific and violent communal riots have occurred in the past due to the inflicting of communal violence through various social media platforms and therefore social media and its misuse plays a crucial role in spreading communal violence.
  • The petitioner further submitted that the freedom of speech of expression as guaranteed under Article 19(1) of the Constitution of India is not absolute and is subject to reasonable limitations as prescribed by the law.

DO YOU THINK THAT IT IS NECESSARY TO REGULATE VARIOUS SOCIAL MEDIA PLATFORMS? MENTION YOUR OPINIONS IN THE COMMENTS BELOW.

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