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Do you have strategy to regulate social media, asks Supreme Court

Supreme Court asks govt to reply by Sep 24, will decide whether to step in

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Regulation of social media content assumed top priority on Friday with the Supreme Court asking the Centre whether it proposed to bring out any regulatory mechanism in the near future. Giving the Centre a deadline of September 24 to file a response, the apex court indicated that it would decide whether courts should develop the mechanism.

The court’s interest assumes significance in the wake of fake news peddled on social media platforms that incites violence. “There are two aspects that concern us at the present – One, the aspect of regulation needs to be decided at the earliest,” the bench comprising Justices Deepak Gupta and Aniruddha Bose said, “Two, we want to know the stand of the Union Government as well as the stage at which your rule-making process is pending. If the Centre is framing something in the near future, either we or the high courts will decide on the issue. In any event, these matters need to be decided at the earliest.”

The bench was hearing a petition filed by social media intermediaries – WhatsApp, Facebook, Google, Twitter, and Youtube — against an interim order passed by the Madras High Court which directed them to co-operate with the Tamil Nadu police on crime detection and prevention of sexually harmful content. As similar matters are pending before the Bombay and Madhya Pradesh High Courts as well, the firms approached the Supreme Court demanding that all petitions be heard together by the apex court.  

SOCIAL DISCORD

  • Justices Deepak Gupta and Aniruddha Bose raised two points: They inquired about the Centre’s stand on the matter of regulation, as the well as the stage of the rule-making process 
     
  • If the Centre is framing a regulation, they said, either SC or the high courts will decide on the issue. The bench insisted that these matters need to be decided at the earliest

The petitions in various High Courts also say that for detection of crime and tracking the originator of sexually explicit or obscene content, it would be mandatory to know the identity of the person(s) posting such messages. 

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