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Entire Social Media Account Cannot Be Blocked For Objectionable Posts Rules Kerala High Court
In a significant , the has affirmed that the authorities cannot block an entire social media account for isolated instances of objectionable content. Justice Ziyad Rahman A.A. passed the order in a filed by journalist N. Madhavan Kutty, whose Facebook account had been restricted in India since .
Background of the Dispute
The petitioner, a senior journalist with a substantial following, challenged the blocking of his account, which was executed by upon instructions from the . The petitioner alleged that the action was taken without prior notice or a valid explanation, violating both the and the to guaranteed under . Despite sending a to the intermediary in , no remedial action was taken, forcing the petitioner to approach the Court for urgent relief.
Arguments and Legal Contentions
The petitioner argued that the restriction was in direct violation of the . Specifically, he highlighted that Rule 4(8) mandates that users be provided with prior notice, an explanation for content restrictions, and an adequate opportunity for a hearing.
Conversely, the respondents maintained that the account was restricted in the interest of and due to certain content uploaded by the user. They argued that the intermediary acted in compliance with the instructions issued by the law enforcement authorities.
Judicial Analysis and Reasoning
Upon reviewing the materials, the Court determined that while the State has the authority to block specific content that compromises or security, targeting an entire account is a disproportionate measure. The Court noted that the legislative intent does not grant the power to impose a blanket ban on an account based on select posts.
The Court further addressed the practical concerns raised by the intermediary, which argued that because the account was blocked in , relevant records might no longer be accessible due to the six-month retention mandate under . The petitioner contested this, pointing out that the account remained accessible outside India, a fact that the Government Pleader did not dispute, thereby ensuring the data remained available.
Key Observations
The Court’s reasoning was anchored in the principle of :
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"If there is any objectionable content that affects the security of the State or against the , nothing would preclude the respondent to issue instruction to block such content."
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"However, going by the documents produced before this Court, it is seen that, only in respect of some of the contents, the entire account itself is blocked. Therefore, I am of the view that the respondents have exceeded their powers."
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"It is further directed that, if any competent officer under the 6th respondent identifies and communicates to the 9th respondent any objectionable content... the 9th respondent shall, for the time being, remove or disable access to such content... without affecting the operation of the petitioner's account."
Court Decision and Future Implications
As an , Justice Ziyad Rahman A.A. permitted the petitioner to resume operating his account. The Court directed the relevant authorities to identify and provide the specific URLs of objectionable posts to the intermediary for targeted removal. This ruling sets a crucial precedent by reinforcing that digital intermediaries and law enforcement must use the least restrictive means necessary when addressing content-related disputes, ensuring that broader freedom of expression is not unnecessarily curtailed. The matter is scheduled for further consideration on .
