Plea In Supreme Court Seeks Mechanism To Check Fake News & Instigative Content On Twitter [Read Petition]

BJP leader Vinit Goenka has 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.

The petition filed through Advocate Ashwani Kumar Dubey states that in the absence of a proper mechanism, social media platforms are being used to spread seperatist agendas, seditious material, hatred amongst communities and instigative and divisive content against the society at large. The same has created panic in some sections of the society, challenging the unity, integrity, sovereignty and national security of the country.

Thus, a direction is sought to the Union of India, Ministry of Information & Broadcasting and Ministry of Law & Justice to check such content and take them down.

The Petitioner has submitted that under Article 19 & 20 of the International Covenant of Civil and Personal Life, the Government is duty bound to prohibit such activities. The plea also draws cue from Government of Germany which recently enacted the "Network Enforcement Act, 2017" under the said International law, to stop the spread of hate speeches or advertisements in its country.

The Petitioner has submitted that fake news being circulated via bogus accounts in the name of eminent people and high dignitaries on Twitter is the root cause of many riots in India, including the Delhi Riots 2020.

He has further submitted that global terror groups like ISIS, Al Qaeda and Indian Mujahiddin also use Twitter and other social networking platforms to circular hate speeches, because it helps them to avoid detection.

It is alleged that Twitter "knowingly promotes" messages which are against the law of the land and therefore it is contended that the logic and algorithms used by the company should be vetted by the Indian Government or any other competent authority, for screening anti-India tweets.

It is submitted that the same is a reasonable restriction on freedom of speech under Article 19(2) of the Constitution, insofar as it will be in the interests of sovereignty and integrity of India, security of the state, friendly relations with the foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

The plea also suggests that KYC of all social media handles in India should be conducted for making social media safe, accountable and traceable.

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