Supreme Court Questions Social Media Blocking Rules
NEW DELHI: The Supreme Court of India has called upon the Centre to respond to a Public Interest Litigation (PIL) challenging the constitutional validity of certain provisions in the ‘Blocking Rules, 2009’. This PIL argues that the current framework infringes on the rights of content creators to be heard before their content is blocked by authorities.
Concerns Over Rule 9 of Blocking Rules
Senior advocate Indira Jaising, representing the petitioner organization ‘Software Freedom Law Centre’, highlighted significant concerns regarding Rule 9. The rule allows authorities to issue blocking notices solely to social media platforms like Facebook, Twitter, and Instagram, bypassing the content creators altogether. This lack of notification deprives creators of their fundamental rights to freedom of speech and expression.
Implications for Content Creators
Jaising emphasized that the arbitrary application of Rule 9 leaves content creators with no avenue for relief or justification against the blocking order. With intermediaries having no obligation to consult content originators, the process becomes inherently unjust. This scenario underscores the need for a fair mechanism that respects the rights of all parties involved.
Next Steps
While the Supreme Court bench suggested that aggrieved content creators could seek redress individually, it has decided to issue a notice to the Centre, requesting a response within six weeks. This ruling may pave the way for a more equitable approach to content blocking on social media platforms.
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