Delhi HC: Questions Social Media platform Twitter why it was not Suspending Accounts which post ‘Blasphemous’ Content

Khushi Doshi

Published on: March 29, 2022 at 18:57 IST

The Delhi High Court scolded Twitter for being lenient in Banning an account that posted “Objectionable” and “Blasphemous” material regarding Hindu Gods and Goddesses, saying the Media Platform would have been more cautious and sensitive in the Case of any other faith.

“It finally boils down to this: individuals you are sensitive about…about the material, you will block them (but) you are unconcerned about other people’s sensitivities in other parts of the globe, different nationalities, or religions.” We venture to assume that if the same thing were done in reference to another faith, you would be far more cautious and sensitive,” remarked Bench of Acting Chief Justice Vipin Sanghi and Navin Chawla. A spokesman for Twitter declined to comment on the subject.

While hearing a Petition by Lawyer Aditya Deshwal demanding the removal of such content and the permanent suspension of the concerned user’s account, the Court took issue with Twitter’s position that it cannot suspend an account without a Court or Government Order.

“If this is the rationale, why have you blocked Mr Trump?” it said, alluding to the former US President’s Account, which was blocked by the platform on January 8, 2021, following the rioting at the US Capitol.

The requirement for a Court Order “…Means you will not utilise your own sense of Judgement, your intellect, when you discover anything completely, shamelessly Blasphemous, or Brazenly Insulting the sensibilities of the people,”.

The Court requested Twitter’s procedure for blocking persons or accounts, noting that the company had previously banned accounts of prominent figures.

Senior Attorney Sidharth Luthra for Twitter informed the Court that the Police in Karnataka had filed a First Information Report and six posts had been deleted.

He stated that, while the platform was not supporting the user’s activities, people may only be barred on Government or Court Orders, pursuant to the Supreme Court’s decision in Shreya Singhal.

Aditya Deshwal, the Petitioner in person, requested that the account be blocked, claiming that the new Information Technology Rules, 2021 place the onus on social media intermediaries like as Twitter and Facebook to curate and delete information that is harmful and in Violation of the Rules.

Advocate Vrinda Bhandari, the Lawyer for @atheistrepublic, promised the Court that her client would not tweet similar offensive content until the matter was resolved. She further claimed that the Information Technology Rules, 2021, had been challenged in Court and that the Issue was still Pending.

Also Read: Andhra Pradesh High Court warns Twitter to follow Indian Law or face repercussions

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