Plea on ‘hate speech’ against Rohingyas: Delhi HC refuses to direct Centre to restrain Facebook

In the January 30 order, the division bench said the petitioners’ suggestion made during the hearing that there should be “prior censorship of any publication of Rohingyas on Facebook is an example of a treatment that is worse than the disease”.

The bench said it appeared that the petitioners were “not aware” before the hearing of the case about “either the legal obligations of the social media platforms to not promote dissemination of hate speech and exercise due diligence” provided under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the existence of a regulatory framework and “grievance redressal mechanism” under rules or the Union government’s “power” to issue blocking orders under the Information Technology Act.

“It is not the contention of the Petitioners that the said redressal mechanism is not efficacious. 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 sections 153 and 500 of the IPC and particularly hate speech against Rohingyas does not arise for consideration,” said the bench.

“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,” the HC said while disposing of the plea.

The court added reliefs against Meta are also “not maintainable” as there is no allegation in the petition that the company has failed to abide by its statutory obligations under the IT Rules 2021.