FB moves Delhi HC challenging order to globally remove links to video disparaging Ramdev
New Delhi:Social media giant Facebook on Wednesday approached the Delhi High Court challenging an order directing it to remove, block or disable on a global basis links to a video containing defamatory allegations against yoga guru Ramdev.
The plea was mentioned before a bench of Chief Justice D N Patel and Justice C Hari Shankar which agreed to list it for hearing on Thursday before an appropriate bench.
It has now been listed before a bench of justices S Muralidhar and Talwant Singh for Thursday.
A single judge of the high court had on October 23 directed Facebook, Google, its subsidiary YouTube, and Twitter to forthwith remove, block or disable on a global basis links to a video containing defamatory allegations against Ramdev.
Justice Pratibha M Singh had held that merely 'geo-blocking' or disabling access to the defamatory content to viewers from India, as agreed to by the social media platforms, would not be sufficient as users residing here can gain access to it by other means.
"There is an obligation upon the intermediary (social media platforms) to disable access, which would have to be read as meaning to completely disable access and not partially disable access," the court had said.
Observing that "the race between technology and the law could be termed as a hare and tortoise race - as technology gallops, the law tries to keep pace", the court had said the provisions of the Information Technology law have to be interpreted in a manner so as to ensure judicial orders are effective and "not toothless".
The court had directed the social media platforms that all the offending material which has been uploaded from within India on to the computer network of the platforms "would have to be disabled and blocked on a global basis".
The court issued the direction after the social media platforms had said that while they have no objection to blocking the URLs and disabling the same, insofar as access in India is concerned, they were opposed to removal/blocking/disabling the defamatory content on a global basis.
The defamatory video contained excerpts of a book on Ramdev that were ordered to be deleted by the high court in September last year.
The high court had on September 29, 2018 restrained the publisher and author of the book "Godman from Tycoon" from publishing it till the offending portions were deleted, the judge noted.
In the October 23 judgement, the court had noted that viewing the video or reading its transcript give an impression that Ramdev "has been involved in various murders, financial irregularities, misuse of animal parts, etc".
"Thus, the content of the video to the extent it contains paraphrasing of content which was directed to be removed from the book is held to be defamatory. A perusal of the video transcript and the offending portion of the book show the clear similarity and prima facie, establish that the video is derived from the book and hence is defamatory.
"In any event, this issue is moot in as much as the video begins by stating that it is based on the book. Thus, the defamatory nature of the video cannot be disputed," the court had said.
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Two held for 'firing' at BJP leader's house in Bengal
Kolkata (PTI): A day before the counting of votes for the West Bengal assembly elections, two persons were arrested on Sunday for allegedly being involved in a firing incident outside the residence of a BJP leader in North 24 Parganas district, police said.
BJP leader Kundan Singh lodged a police complaint, alleging that a few gunmen fired at his house in the Noapara constituency around Saturday midnight.
Based on the CCTV footage, the two accused were apprehended, a senior officer said.
BJP's Noapara candidate Arjun Singh, in a post on social media, claimed that around 12.05 am, two armed miscreants arrived on a motorcycle at the residence of Kundan Singh, a BJP functionary and secretary of the Barrackpore organisational district, with an "intent to kill him".
According to the BJP leader, the accused are residents of Garulia and are known criminals.
Their names as offenders had been submitted to the Election Commission, he said.
The police officer did not specify whether the two arrested persons were the same individuals named by Arjun Singh.
According to the complaint, one round of firing took place outside Kundan Singh's house, triggering panic in the area.
The BJP candidate also questioned the role of the police, claiming that one of the accused had been detained by the police on the polling day but was later released in the evening.
The Noapara assembly seat went to the polls on April 29.
Several BJP leaders alleged that attempts were being made to create an atmosphere of fear ahead of the counting and weaken the organisation of the opposition parties.
The counting of votes will take place on May 4. Polling for the West Bengal assembly elections was held on April 23 and April 29.
The BJP urged the Election Commission to intervene immediately to ensure peaceful counting.
TMC candidate Somnath Shyam rubbished Arjun Singh’s allegation, claiming that the BJP nominee had orchestrated the firing incident to divert attention from imminent defeat.
“Arjun Singh knows all the gangsters in the Barrackpore belt. Everyone knows about his links with the underworld. Let the police investigate the incident,” Shyam said.
