Delhi HC Issues Notices On Plea For Action Against Twitter, Youtube, Facebook Etc For Allegedly Revealing The Identity Of Rape Victims

BACKGROUND OF THE PETITION

The petitioner, an advocate by profession, has approached the High Court under Sec. 226 of the Constitution seeking appropriate directions against 15 major social media platforms including Twitter, Youtube, Facebook etc for revealing the identity of the Hathras gang-rape victim that took place on 14^th September 2020.

According to the petitioner, these respondents have published information relating to the victim disclosing her identify in a public domain which is accessible for people at large. This action, according to the petitioner, is actionable under Sec. 228A of the Indian Penal Code, 1860 which provides for imprisonment for anyone who publishes the name or any other matter which reveals the identity in such cases.

The petition also makes State of NCT of Delhi as a respondent as no action was taken to restrict or stop these social media platforms as the State is the law enforcement agency empowered to take notice of such offences.

The petition puts reliance of the judgment of Nipun Saxena v. Union of India W.P. CIVILNo. 565/2020 wherein it was held that any person who makes known the name and identity of a person who is an alleged victim of an offence falling under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code commits a criminal offence and shall be punishable for a term which may extend to two years. The judgment also provides that in cases where the victim is dead or of unsound mind the name of the victim or her identity should not be disclosed even under the authorization of the next of the kin, unless circumstances justifying the disclosure of her identity exist, which shall be decided by the competent authority, which at present is the Sessions Judge.

The 15 respondents as listed by the petition are as follows:

1. Twitter
2. IDiva
3. The Telegraph
4. Janbharattimes Media
5. News 18
6. Dainik Jagran
7. United News of India
8. Bansal News
9. Dalit Camera
10. Buzzfeed
11. Youtube
12. Facebook India Online Services Pvt. Ltd.
13. The Millennium Post
14. Wikifeed
15. The Citizen

"On careful perusal of circumstances prevailing it has been found out that the Media Houses and other forms of News publications and information sharing portals, websites have been found contravening such laws that violate the privacy of the victim especially in cases relating to Sections pertaining to trial of Rape and similar cases. It is also observed that such actions of the Respondents have resulted in such violative actions to be practiced by the masses and general public at large, it can be seen that the Media Houses and similar portals play an impressionable role on the citizens receiving such violative information." The petition states.

PRAYER OF THE PETITIONER

The petitioner seeks the following relief from the High Court:

1. That the State of NCT of Delhi be directed to register FIR against the violation of Right to Privacy of victim as the respondents have committed an offence under Sec. 228A of IPC.
2. That State of NCT of Delhi must take appropriate action so that the respondents may take down or withdraw any material, news article, social media post or any such information published by them with reference to the details of the identity of the victim in the particular case or similar cases.
3. That the respondents social media platforms or organizations or individuals dealing with broadcasting are directed to broadcast correct legal provisions including sec. 228A by methods of short videos, clips, flashers, posts, stories or similar means so that the disclosure of identity of victim is not done.
4. That certain celebrities who have also shared the post shared by Respondent Twitter be directed to share their videos stating the legal provisions to spread awareness among the citizens and provide correct position of law of such actions amounting to offence and their consequences be shared and be broadcasted through well sought mediums.
5. That State of NCT of Delhi be directed to organize Legal Awareness Camps, Legal Literacy Camps, Lectures, Interactive Workshops, Newspaper Advertisements, hoardings to make people aware about the said legal provision.

Case Name: Manan Narula v. State of NCT of Delhi & Ors.