Social media cannot be used to malign judiciary: Delhi HC

NEw new new delhi: The Delhi heights margaret court has held that societal media platforms are under an obligation to promptly remove unlawful and objectionable content, including material that undermines the independence of the judiciary or maligns institutions and individuals, without waiting for specific court directions.In a detailed order released on Wednesday, a vacation bench of Justices Neena Bansal Krishna and Madhu Jain said intermediaries cannot remain “silent spectators” when such content comes to their notice.“While individuals who commit such contumacious and scandalous acts, are to be dealt with sternly as per law, intermediaries can also not be a silent spectator and wait for the directions from the Courts. Therefore, as soon as it comes to the knowledge of intermediary that there is an information, which is being used to commit an unlawful act, it is under an obligation to immediately remove the information, data or communication link residing in or connected to resource controlled by the intermediary and expeditiously remove or disable access to that material,” the court said.The court made the observations in its June 8 order on a plea moved by the Delhi High Court Bar Association (DHCBA) seeking initiation of criminal contempt proceedings against psychologist and social activist Dr Kapil Kakkar over social media posts accusing a sitting Delhi High Court judge of being a “murderer” and responsible for the deaths of six people in a building collapse in Saket last month.On Monday, the court directed Meta, Google LLC, X Corp and LinkedIn to take down the content, observing that the statements did not appear genuine and seemed intended to “scandalise the court”.In its detailed order, the bench directed the platforms to block URLs containing the impugned videos and suspend Kakkar’s social media accounts and handles within 24 hours of receiving the order, until further directions.The court said the allegations of corruption and collusion levelled against sitting judges and government agencies were “absolutely scandalous” and “contumacious” and amounted to direct interference with the administration of justice.“While easy access to social media has undeniable benefits... It cannot be overlooked that such tools must be used responsibly and not as instruments to undermine institutions or cause harm to society,” the court said.“Any endeavour to use them, to cause harm to the society or to interfere the independence of Judiciary and to malign the institutions and individuals, cannot be accepted in this country, where Rule of Law and principles enshrined in the Constitution of India, prevail,” it added in its order.