HC questions Twitter for not voluntarily removing objectionable content on Hindu Goddess

The post has shook the collective conscience of the followers and practitioners of Hinduism

The Delhi High Court on Monday questioned micro-blogging giant Twitter for not voluntarily taking action against an account which allegedly published objectionable content about a Hindu Goddess.

A Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla said, “It is ultimately boiling down to this that people you feel sensitive about...the content, you will block them. You are not bothered about sensitivities of other people in other regions of the world, of ethnicities. We dare say that if these kinds of things were done in relation to another religion, you would be much more careful, more sensitive”.

The Bench’s remark came while hearing a petition by advocate Aditya Singh Deshwal to immediately remove posts on Twitter about Hindu Goddess Maa Kaali posted by Twitter user ‘AtheistRepublic’.

Mr. Deshwal has said that the deity was represented in a disgraceful and outrageous manner. “The said objectionable post has shook the collective conscience of the followers and practitioners of Hinduism,” his plea said.

The High Court asked Twitter to explain how it undertakes the blocking of accounts. Senior advocate Sidharth Luthra, appearing for US-based Twitter, said that it has removed the objectionable content in the present case and an FIR has been registered in relation to the posts.

Mr. Luthra stated that Twitter “cannot block any individual” and cannot take action against allegedly objectionable content in the absence of a court order.

“If this is the logic then why have you blocked Mr (Donald) Trump?” questioned the court which added that prima facie, Twitter’s stand that it cannot block account was “not entirely correct”.

“Since respondent number 3 (Twitter) has not questioned the prima facie view of the court with respect to the nature of the content, respondent number 3 should have on its own, without waiting for today’s hearing taken down the posts mentioned by the petitioner as early as on December 9, 2021,” the court said.

“We can take note of the fact that respondent no 3 has blocked the account of certain individuals from time to time. We direct respondent no 3 to place before the court the policy and under what circumstances it resorted to such action,” the High Court said.

The High Court directed the Centre to examine the content in the present case and decide if the action for blocking the account is called for under the Information Technology Act.

The court further directed Twitter, central government as well as ‘AtheistRepublic’ to file their response to the petition. It also asked ‘AtheistRepublic’ to place on record on an affidavit the details pertaining to its status, location, presence of any place of business and authorised representative in India.

During the hearing, advocate Deshwal submitted that the Twitter account of ‘AtheistRepublic’ should be suspended permanently and only removal of some of the objectionable posts is not enough.

The High Court will hear the case again on September 6.