The Delhi High Court on 31 January rejected a petition seeking pre-censoring of content against Rohingya Muslims on Facebook. The plea was filed seeking an order compelling the Union Government to prohibit Facebook India from allegedly spreading “hateful and harmful content” against the Rohingya population on the social media network, but it has been denied by the Delhi High Court.
Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, who composed the division bench, stated that the notion of censoring any Facebook posts against Rohingyas beforehand is an example of “a treatment that is worse than the disease.”
The court said that the Information Technology Rules, 2021, and their grievance redressal process, along with the legal requirements of social media platforms to refrain from promoting the transmission of hate speech are enough, and it is not possible to order pre-censoring of content. The court pronounced, “Consequently, this Court is of the opinion that in view of the aforesaid Rules the direction sought by the Petitioners to Union of India to restrain Facebook from allegedly promoting, amplifying and spreading hate speech covered by Section 153 and 500 of IPC (Indian Penal Code) and particularly hate speech against Rohingyas does not arise for consideration.”
It further declared that under Article 226 of the Indian Constitution, a party who has been wronged cannot give up on a complete system of remedy provided by an Act to seek High Court jurisdiction. “Consequently, as there is a robust grievance redressal mechanism in existence, the Petitioners have an alternative efficacious remedy and are at liberty to avail the redressal mechanism as per IT Rules, 2021, with respect to any objectionable posts.”
As a result, the bench dismissed the PIL Public Interest (Litigation) filed by two Rohingya refugees, Kawsar Mohammed and Mohammed Hamim, against Facebook India, alleging that the social media platform’s algorithmic features encourage the spread of “hateful and harmful content” that targets the Rohingya individuals. The petitioners had been living in Delhi for the past two to five years after fleeing ethnic conflict in Myanmar.
On Facebook, they attempted to get an order to stop using its virality and ranking algorithms, which they claimed promoted hate speech and acts of violence against communities of colour. Additionally, a request to alter the petition was made, urging for the Union Government to be instructed to take enforcement legal measures to prevent Facebook from purportedly disseminating hate speech against the Rohingya minority.
Facebook requested that the plea be dismissed because it makes no mention of the ineffectiveness of the regulations implemented by the social media giant. The Meta platform argued that the Central Government has enacted the IT Rules of 2021 which has put in place a three-tier system to tackle offending posts, including hate speeches, on social media platforms.
The bench noted that as there is no assertion in the writ suit that the government and Facebook have disregarded its statutory duties under the IT Rules 2021, the reliefs sought against Facebook are not viable. The court also noted that it seems the petitioners were not aware of the relevant provisions of the IT Rules before today’s hearing.
