The Facebook executive was quoted in connection with a report that Facebook does not actively remove hate content in India. (Image credit: Reuters)
Facebook India executives last week had skipped a call issued by the Assembly for Peace and Harmony panel for a Wall street journal report that claimed that Facebook did not deliberately act on hateful content in the country.
- CNN-News18 New Delhi
- Last update: September 23, 2020 12:00 PM M. IST
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Facebook India has challenged in the Supreme Court the authority of the Delhi Legislative Assembly panel to convene its officials in connection with the Delhi riots. Facebook India, through its vice president and managing director Ajit Mohan, filed a petition in the high court on Tuesday to quash the two subpoenas and warnings issued to the social media platform.
The petition, filed through advocate Mayank Pandey, said that the Delhi Assembly Peace and Harmony Committee, which is investigating the role of various factors in the northeast Delhi riots, does not have constitutional powers to convene Facebook or examine issues that fall into the exclusive. domain of the Center.
The committee lacks the power to summon or retain petitioners in violation of their privileges for failing to appear, since such powers do not extend to obligated non-members when the non-member has not impeded or obstructed the legislative functioning, the statement says. He added that because Mohan has done nothing to impede or obstruct the legislative functioning of the Delhi Assembly, even without appearing, the committee has no authority to compel him to testify or consider him in violation of privilege.
The petition further stated that when the Delhi Assembly cannot exercise powers with respect to issues related to “public order”, “police” and “communication” because they are exclusively in the domain of the central government, a committee of the same Assembly cannot go the same way.
“Here the Committee, through the challenged Summons, seeks to exercise powers that have been expressly denied to the Legislative Assembly itself. The Committee seeks to compel Petitioner No. 1 (Mohan) to provide testimony on issues within the exclusive domain of the Union of India. Specifically, the Committee is attempting to make a ‘determination of the veracity of the allegations leveled against Facebook’ in the Delhi riots, which meddle in issues exclusively assigned to the Union of India, “the plea said, adding that the two subpoenas dated September 10 and September 18 tend to violate the petitioners’ fundamental rights to privacy and silence, without implicating themselves.
“By targeting the Facebook service, a platform that allows users to express themselves, the contested subpoenas create a chilling effect on the freedom of expression rights of users of the Facebook service,” says the petition, which also complains about the press conference of the chairman of the committee, Raghav Chadha, on August 31 on the “alleged complicity of Facebook and rioters.
“The violation of these rights by the Committee is especially problematic given that the contested subpoenas and the Committee’s statements at press conferences show that the petitioners are being treated as accused and guilty as accused,” he said.
At the same time, the statement added that Mohan is not even granted the constitutional right to remain silent and is instead forced to speak out against himself and other petitioners (Facebook India and Facebook Inc) in response to the Committee’s claims that Facebook was complicit in the Delhi riots.
“This is inadmissible by law and constitutes a serious violation of due process and the rights of petitioner No. 1 under article 19 (1) (a) and article 21 of the Constitution,” he added.
The petition, as an urgent measure, has asked the higher court to suspend the execution of the two subpoenas and prevent the Committee from issuing further subpoenas or taking enforcement action.
The matter will be heard on Wednesday by a bank led by Judge Sanjay K Kaul. Top advocates Harish Salve and Mukul Rohatgi are expected to represent Facebook and Mohan respectively.
Facebook India executives last week had skipped a subpoena issued by the Assembly panel for a Wall street journal report that claimed that Facebook did not deliberately act on hateful content in the country.
Instead, the panel had received a letter signed by Vikram Langeh, Facebook’s Director of Trust and Security, where the latter objected to the notice and requested to withdraw it.
All the members of the Delhi Peace and Harmony Committee, who were present at the last meeting, strongly opposed the response received from Facebook India, calling the letter “contempt of the house”, “vague”, “violation of privilege “and” evasive. ” The panel members had urged the president to send them a “strong message to come forward and the matter be referred to the privilege committee if they do not come forward and after speaking with the spokesperson, an order must be issued against them.”
One member had even alleged that Facebook was perhaps acting “on behalf of the central government.”
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