38.6c New Delhi, India, Friday, April 19, 2024
Crime, Police And Law

PIL Filed in SC Seeking Law To Curb Fake News And Instigative Messages On Twitter [READ ORDER]

By Parth Thummar      22 May, 2020 05:10 PM      0 Comments
PIL SupremeCourt FakeNews InstigativeMessages Twitter

Vinit Goenka, a BJP leader has filed PIL under Article 32 of the Constitution of India in Supreme Court on May 21, 2020, to direct the Union of India to devise a mechanism to keep a check on fake news and instigative messages that are circulated by social media. 

He has submitted in the petition that he had filed a representation before the concerned authority to act in accordance with the law of the country against the social media giant Twitter. He also submitted that no action has been taken so far by the concerned authorities.

Goenka further informed the SC that in the absence of any mechanism or law prohibiting Twitter Inc. and/or Twitter Communications India Pvt Ltd. and other similar social media platforms from spreading, circulating, amplifying in the form advertisement or otherwise which are spreading separatist agenda, seditious material, hatred amongst communities, instigative, divisive against the society at large, have become a threat to national security and the same is against the spirit of the Union of India.

He alleged that in the absence of any action from the UOI, the separatists are using the platform of Twitter to communicate the message which calls upon breaking of India, and Twitter has abated the act by accepting financial ratification and paid advertisements. 

He further submitted that as per the International Covenant on Civil and Personal Rights Act (ICCPR Act), the State is required to prohibit such type of hate speeches or advertisements. He also informed the Court that as per the powers given in the ICCPR Act under Article 19 & 20, the State of Germany has enacted a law known as the Network Enforcement Act, 2017 to stop this kind of hate speech or advertisements.

He further alleged that the Global Terror Groups like ISIS, Al Qaeda, and Indian Mujahiddin are using the platform of Twitter and other social networking platforms to circular hate speeches because it helps them avoid detection. He also alleged that in India, there have been numerous examples when fake videos and hate messages were circulated through this platform which led to communal strife. 

He further submitted that Twitter assumes that as a platform they are not governed by the Indian Constitution and can operate with impunity and therefore, it makes a compelling ground for a new law to deal with such kind of hatred and divisive messages. 

He also submitted that such law can be formulated by UOI as per Article 19(2) of the Constitution of India which empowers the State for making any law in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the sub-clause 19(1)(a) in the interest of sovereignty and integrity of India, the 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 offense. 



Share this article:

Leave a feedback about this

Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM


Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email