HC rejects social media ‘misuse' plea focused on Kamra
Mumbai: Bombay HC on Wednesday disposed of a PIL seeking
judicial intervention
against the "commercialisation of content" and "misuse" of social media platforms by influencers, content creators and standup comedians.
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The PIL, filed by Sena's Rajapur MLA Kiran Samant, made comedian
Kunal Kamra
as one of the respondents, prompting the bench of Chief Justice Alok Aradhe and Justice M S Karnik to ask why he was the only comic to be included when the relief sought was "couched in general and in very wide terms". HC observed that the plea revolves around Kamra.
Chief Justice Aradhe said content seen as misuse of social media by some may be viewed as freedom of speech and asked if the petitioner could take on the task to determine which is what.
The MLA has an efficacious remedy under Information Technology Rules to make a complaint to the nodal officer seeking blocking of access to "
misinformation
", said HC, questioning the petitioner about why he began and ended his plea with Kamra.
The MLA's lawyer said a representation was made to the Centre seeking the removal of certain content. He said making Kamra a party was only to highlight how "brazen" some can get with their content and think nothing before tarnishing someone's image or making fun of persons to garner views and exploit content commercially.
Samant sought directions to the IT ministry, Google and Kamra. The MLA was "disturbed by alarming trends where influential people under the garb of free speech are spreading misinformation and launching unwarranted attacks on the judiciary and shaking the very foundation of the Indian democratic system," said his lawyer.
An FIR was filed against Kamra last month over a parody song allegedly targeting deputy CM Eknath Shinde.
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Appearing for Kamra, senior advocate Darius Khambata said the law already has provisions to enable seeking of content blocking. The bench referred to provisions of IT Act and Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, that offer this redress mechanism. Besides, HC, by a majority, had set aside a rule to bring in fact-check units for 'fake content' online on the Centre's works.
The MLA wanted social media vigilance and a censor committee against unreasonable content. HC said such a plea fell in the "realm of policy decision". It granted him liberty to approach the authority concerned.
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