Regulatory check: HC notice to Facebook, YouTube and Google

Madurai

A Division Bench of Justices MM Sundresh and S Ananthi was hearing a petition filed by Uma Maheswaran from Tirunelveli were in the petitioner stated that there are no restrictions on the use of social media in India and the same has affected communities, especially women and children.

Referring to an incident, the petitioner said three persons were arrested in Chennai this month alone for uploading a video of profanity content on a Tamil YouTube channel. Though the channel was blocked, the content is still being shared on several social media platforms

According to a survey in 2012, India has emerged as the third most vulnerable country in terms of risk of cyber threats. Further, he said, children had been spending much time on social media, which appears to be a risk of encountering obscene and indecent content, through cell phones during COVID pandemic and they could be exposed to harm. Some of the obscene contents posted on YouTube were removed, but still, many such posts have not been removed. Almost 1.50 lakh videos, which are disregarded, have been removed, including around 500 videos criticising Kanda Sashti Kavasam. The YouTube channel was also being misused in many ways to defraud by using fake money for real cash. No audit was performed on social media platforms such as YouTube, Facebook and web series, self contained videos, short films and prank shows. Some of these networks also facilitating live streaming, but except for a few recognised news channels, others were posting matters against truth by utilising this facility, he contented.

Moreover, access to the YouTube channel has been blocked in several countries abroad including Pakistan and China. Referring to the concept that prevention is better than cure, the petitioner called for an audit on the release of videos, photo images and ideas through social media networks. Citing these factors, the petitioner sought direction from the bench to ensure proper regulatory mechanism and systematic guidelines for publishing such content on the social media platform.

The counsel on behalf of Central government said only based on complaints against any disputed video on social media networks, the government would intervene and added that networks including YouTube, Facebook, Google and other social media should create independent audit process.

The bench after hearing issued notices to Facebook, YouTube and Google and adjourned the case for two weeks.