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2021 Supreme(Mad) 598

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
SANJIB BANERJEE, R. HEMALATHA, JJ.
S. Umamaheswaran - Petitioner
Versus
Union of India, represented through its Ministry of Home Affairs, North Block, New Delhi & Others - Respondent
W.P.(MD)No. 1306 of 2021
Decided On : 24-02-2021

Advocates Appeared:
For the Petitioner:N. Shylappa Kalyan, Advocate.
For the Respondents: L. Victoria Gowri, Assistant Solicitor General of India.

Courts are not to impose sanctions or guidelines on how media or social media operates; it is for other agencies based on policy decisions taken by the legislature or executive arm.

Headnote:

Mandamus - Social Media Censorship - The court dismissed the petition seeking a writ of Mandamus to control and monitor social media content, emphasizing that it is not the role of the court to impose sanctions or guidelines on how media or social media operates, and that it is for other agencies to do so based on policy decisions taken by the legislature or executive arm.

Fact of the Case:

The petitioner sought a writ of Mandamus to direct the respondents to control, monitor, and form a panel of censor members for social platforms.

Finding of the Court:

The court dismissed the petition, stating that it is not the role of the court to impose sanctions or guidelines on how media or social media operates.

Issues: Petition under Article 226 seeking a writ of Mandamus to control and monitor social media content.

Ratio Decidendi: Courts are not there to impose sanctions or guidelines on how the media or even social media operates, and it is for the other agencies to do so based on policy decisions taken by the legislature or executive arm.

Final Decision: W.P.(MD)No.1306 of 2021 is dismissed by leaving the petitioner free to approach the appropriate authority in accordance with law. There will be no orders as to costs.

JUDGMENT :

Sanjib Banerjee, J.

Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents 1 to 3 to take necessary steps to control, monitor, guide and to form a panel of censor members of the social platforms.

The petitioner seeks the High Court in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India to play the role of a conservative censor board to monitor and control the content of what is broadcast over the social media.

2. It is open to the petitioner to live in the stone age or to protect his family or his children from the advances of technology. Though specific complaints may be entertained, Courts are not there to impose sanctions or guidelines on how the media or even social media operates and it is for the other agencies to do so, based on the policy decision taken by the legislature of the day or the executive arm.

3. It will be open to the petitioner to propagate the kind of philosophy that the petitioner seeks to espouse and the rights of choice that are constitutionally guaranteed will not stand in the way. The petitioner may approach the appropriate legislature or executive to effectuate the petitioner's ideas; the Courts cannot impose the conditions as the petitioner desires.

4. W.P.(MD)No.1306 of 2021 is dismissed by leaving the petitioner free to approach the appropriate authority in accordance with law. There will be no orders as to costs.

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