SC refuses to entertain plea seeking guidelines on suspension, blocking of social media accounts

The Supreme Court on Friday refused to entertain a plea seeking pan-India guidelines for governing social media intermediaries with respect to suspension and blocking of accounts.

The apex court allowed the two petitioners to withdraw the plea and told them that they were free to seek any other remedy available in law before an appropriate forum.

A bench of Justices Vikram Nath and Sandeep Mehta was told by the counsel appearing for the petitioners that their WhatsApp, which they used to communicate with the customers, was blocked.

“There are other communication applications, you can use that,” the bench observed and asked why WhatsApp of the petitioners was blocked.

The petitioners’ counsel said no reason was given to them.

“What is your fundamental right to have access to WhatsApp?” the bench. It asked the petitioners why they approached the apex court directly with a petition under Article 32 of the Constitution.

The counsel said the petitioners, who have a clinic and a polydiagnostic centre, were communicating with their clients through WhatsApp and had been using the messaging platform for the last 10-12 years.

The bench observed that recently an indigenous messaging app has been created and the petitioners may use that for communicating with their clients.

It added that the petitioners may approach the high court with their grievances.

The counsel referred to the prayer made in the plea and said the petitioners have sought pan-India guidelines “for governing the social media intermediaries with respect to suspension and blocking of account, ensuring due process, transparency and proportionality”.

The counsel asked how could their WhatsApp be blocked without giving them any opportunity to respond.

“Is WhatsApp or the intermediary, a state?” the bench asked.

When the counsel said “it is not”, the bench observed that even a writ petition might not be maintainable before the high court.

The bench observed that the petitioners may file a civil suit.