Social Media Intermediaries Have A Duty To Block Channel If Videos Violate Terms & Policies, Shall Not Insist On FIRs, Court Orders: Madras HC
[09 June 2022] The Madras High Court observed that social media intermediaries operating in India are governed by the Acts and Rules of the land. They have a duty to ascertain that videos are in accordance with the policies and guidelines. If these videos are found to be in violation, they have a duty to block such channels without insisting on FIRs or any Court orders.
“There is a contract between the intermediaries and the channels. In case of any violation of the conditions, it is the duty of the intermediaries to remove or block the channel as per the terms of their agreement…The intermediaries are not expected to insist for FIR or any court orders to remove the videos which are in violation of their guidelines. If it is not blocked or removed even after it was brought to their knowledge, the intermediaries are committing the offence under Section 69A (3) of the Information Technology Act.”