Can't Issue Blanket Order To Restrict Circulation Of News On Whatsapp, Facebook Etc. On Wild Allegations: MP HC [Read Order]

The Bench of Justice S. C. Sharma and Justice Shailendra Shukla was hearing the plea of the petitioner (who is a social worker), filed by way of Public Interest Litigation, stating that a lot of news has been circulated on WhatsApp, Facebook and on other social media.

Specifically, he had prayed for the following reliefs:

A. That Fake News Channels and their Fake Journalists, running and working on Mobile Applications, WhatsApp, Youtube, Facebook and on other social media platforms, without the permission of the Information and Public Relation Department, be banned and an order regarding the same be issued.

B. That lawful action be taken against them under the relevant penal provisions.

C. DM, Ujjain and Information and Public Relation Department be directed to not let such activities take place in future and appropriate actions be allowed to be taken to restrict such activities.

Court's Observations

The Court, after hearing the arguments of the Petitioner observed,

"The petitioner has not been able to point out any statutory provision of law which entitles the publicity department to have a check on such news."

The Court further directed,

"In case, any crime is committed, the petitioner is certainly free to take recourse to the statutory provisions and in case there is any violation of any other statutory provision of law, which has not been pointed out by the petitioner in the present petition or before this Court, the petitioner shall be free to take recourse to other legal remedies."

Lastly the Court put forth its view that in a Public Interest Litigation, the Court by a blanket order cannot restrict the circulation of news on WhatsApp, Facebook etc on the basis of wide allegations levelled by the petitioner.

The admission was thus, declined.

Recently, the Supreme Court refused to review its order dismissing a writ petition seeking framing of guidelines to curb the spread of fake news through print, electronic and social media.

Notably, a PIL was filed in 2019 by a lawyer, Anuja Kapur, highlighting fake news and misinformation flooded media in the wake of recent India-Pakistan tension, with videos of previous air-shows and photos of crashing fighter jets were being peddled as the latest from both the countries on various platforms.

In April 2019, the Court, refusing to entertain the writ petition, had dismissed it in limine. Advocate Anuja had thereafter, filed a review petition against the order of dismissal.

It may be noted that in May 2020, BJP leader Vinit Goenka had moved the Supreme Court seeking a direction to the Central Government to devise a mechanism so as to keep a check on fake news and instigative messages being circulated via social media, especially Twitter.