Entities like Facebook have to remain accountable, says SC

New Delhi: The social media platforms have the power and potential to influence people across borders, like debates and posts on Facebook may have the potential to polarise society, the Supreme Court said on Thursday as it asked the social media giant to appear before the Delhi Assembly panel in 2020 riots probe.

Facebook can't be compelled to answer on issues of law and order, which are looked after by the Centre, the Apex Court said during the hearing.

However, the SC underlined that the Delhi Assembly committee has the "right to seek information on any matter related to peace and harmony without encroaching (the) domain of the central laws".

The top court on Thursday dismissed the plea filed by Facebook India vice-president and MD Ajit Mohan challenging the summons issued by Delhi Assembly's Peace and Harmony committee for failing to appear before it as a witness in a matter relating to the north-east Delhi riots.

Entities like Facebook, which has around 270 million users in India, have to remain accountable to those who entrust them with such power, the top court said and dismissed the plea filed by Mohan and others.

A Bench comprising Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy termed Mohan's plea as pre-mature and said nothing has happened against him before Delhi Assembly's panel.

The Bench added that members and non-members can equally be directed to appear before the committee and depose on oath and Facebook cannot excuse itself from appearing pursuant to the new summons issued to them on February 3, 2021.

"We are of the view that in any eventuality, as speculative as it may be, if the Committee seeks to traverse the path relating to the excluded Entries, i.e. law and order and police, any representative of Facebook who would appear before the Committee would be well within their right to refuse to answer the query and such an approach cannot be taken amiss with possibility of inviting privilege proceedings," the Bench said in its 188-page verdict.

It said that digital platforms can be imminently uncontrollable at times and carry their own challenges.

One form of digital platforms are the intermediaries that claim to be providing a platform for the exchange of ideas without any contribution of their own, it further said.

The verdict came on a plea filed by Mohan, Facebook India Online Services Pvt Ltd and Facebook Inc who contended that the committee lacks the power to summon or hold petitioners in breach of its privileges for failing to appear and it was exceeding its Constitutional limits.

They have challenged last year's September 10 and 18 notices issued by the committee that sought Mohan's presence before the panel, which is probing the Delhi riots and Facebook's role in the spread of the alleged hate speeches.