New Delhi: In a significant development, the Supreme Court has decided not to entertain a plea that called for the establishment of pan-India guidelines to govern how social media intermediaries handle the suspension and blocking of user accounts. The apex court has permitted the petitioners to withdraw their plea, advising them to explore other available legal remedies before the appropriate forums.
A bench comprising Justices Vikram Nath and Sandeep Mehta heard the case, where the petitioners’ counsel stated that their clients, who operate a clinic and a polydiagnostic center, had their WhatsApp accounts blocked. These accounts were crucial for communicating with customers and had been in use for over a decade. The court questioned the necessity of approaching the Supreme Court directly with such a petition under Article 32 of the Constitution.
When asked about the reason for the WhatsApp blocking, the petitioners’ counsel admitted that no explanation was provided. The bench noted that alternative communication applications are available and recently developed indigenous messaging apps could also be used by the petitioners. They also suggested that the petitioners could approach the High Court with their grievances.
The petitioners were seeking guidelines that would ensure due process, transparency, and proportionality in social media account suspensions and blockings. They raised concerns about their accounts being blocked without an opportunity to respond.
The court questioned whether WhatsApp or its intermediaries could be considered ‘state entities’ for the purpose of constitutional remedies. Upon receiving a negative response, the bench observed that even a writ petition might not be maintainable in the High Court and suggested that the petitioners could consider filing a civil suit.
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