Delhi High Court Steps In
In a recent development, the Delhi High Court has directed the Central government’s Grievance Appellate Committee (GAC) to make a decision on the Students’ Federation of India’s (SFI) appeal concerning the disabling of its Instagram account. Presiding over the matter, Justice Amit Mahajan instructed the GAC to resolve the issue within three weeks.
Background of the Case
The SFI, which serves as the student wing of the Communist Party of India (Marxist), had its Instagram account permanently deactivated on July 5. Instagram claimed the account potentially violated its community standards due to alleged associations with another non-compliant account. The account in question had been active since 2018 and had amassed approximately 13,000 followers.
Legal Proceedings and Arguments
Advocate Apar Gupta, representing SFI, highlighted that the statutory period for deciding such appeals is four weeks. Justice Mahajan noted that the SFI had filed its appeal with the government on August 12, yet no decision had been made by the time of the court hearing. The court thus ruled to dispose of the plea, directing the government to promptly address the appeal.
Initially, SFI had contested Instagram’s action on July 7 and approached Meta’s grievance officer on July 9, but received no response. Consequently, they escalated the issue to the GAC on August 12. Despite the lapse of over 30 days, the GAC’s website continues to list the appeal as “under process,” as noted in the petition.
Legal Grounds and Expectations
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The petitioner cited Rule 3A(4) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates the GAC to expedite the resolution of appeals within 30 days. Additionally, SFI sought assurances that the GAC’s appeal process aligns with the fundamental rights outlined in Articles 14, 19(1)(a), 19(1)(g), and 21 of the Indian Constitution.
Advocate Naman Kumar, who filed the petition on behalf of SFI, emphasized the need for the appeal process to be conducted in a manner that respects these constitutional rights.
