Will shut down Facebook in India, Karnataka High Court warns social media giant

Will shut down Facebook in India, Karnataka High Court warns social media giant

This is a significant development that has put the social media giant, Facebook, in the spotlight, as the Karnataka High Court in India has issued a warning against it due to its perceived non-cooperation in an ongoing investigation. The case is centered around a fake profile on the platform, which has led to severe repercussions for Shailesh Kumar, the husband of Kavitha, who lodged the petition in the court.

Kumar, who had been working in Saudi Arabia for 25 years, had posted a message in 2019 on his Facebook profile in support of India’s Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). This post allegedly led to him receiving a threat call, after which he deleted his account.

However, subsequently, an unidentified person or persons created a false Facebook profile under Kumar’s name, which was used to post offensive messages against the King of Saudi Arabia and Islam. This seems to be the crux of the case and the reason why the Indian authorities are seeking cooperation from Facebook to track down those who created and managed the fraudulent profile.

This case underlines the implications and potential dangers of identity theft on social media platforms, and the responsibility of these platforms to cooperate with legal authorities in the investigation of such issues. It’s a significant event that could influence future policies and regulations related to social media platforms’ role and accountability in legal matters.

Upon discovering the fake account, Shailesh Kumar informed his family and his wife, Kavitha, registered a police complaint in Mangaluru, India. Unfortunately, due to the objectionable posts made from the phoney account, Kumar was arrested and sentenced to 15 years in jail in Saudi Arabia.

Unable to find resolution with the local police due to their incomplete investigation, Kavitha petitioned the Karnataka High Court. Justice Krishna S Dixit heard the case and questioned the Commissioner of Police in Mangaluru about the delays in the investigation, particularly given that an Indian citizen was imprisoned abroad based on accusations related to a hacked Facebook account.

The Commissioner responded by stating that Facebook has not been cooperative in the investigation. When questioned by the High Court, Facebook’s legal representative claimed he had no information about the exact location of the incident.

The lack of cooperation from Facebook led the High Court to warn that it could consider shutting down Facebook’s operations in India if the company does not assist in the investigation. The case has underscored the crucial role social media platforms play in investigations related to online activity and the necessity for their cooperation in legal proceedings. It also highlights the global complexities of such cases, where actions on an online platform can have significant real-world consequences across national borders.

In response to the Karnataka High Court’s inquiries, Facebook’s legal counsel asked for a week to gather and submit the necessary information. The hearing was then adjourned to June 22. Facebook’s parent company, Meta, was made a party to the petition on May 29, 2023, indicating the court’s recognition of the role the larger corporate entity may play in this case.

Kavitha has also appealed to the Central Government for assistance in securing her husband’s release from prison. This is a significant development, as it places the matter not just in the hands of the judiciary, but also within the sphere of the executive branch of the Indian government.

In addition, the High Court has asked the Central Government to outline the actions it has taken to protect the rights of the Indian citizen jailed abroad. The court has requested a report detailing whether the individual received adequate legal representation and whether the trial was conducted fairly according to international legal standards.

Furthermore, the High Court has warned the Union government that if the requested details are not provided, the secretary of the Department of Foreign Affairs could be summoned to appear personally before the court.

This escalation of the case signifies the seriousness with which the court is treating the matter. It suggests a growing recognition of the important role social media companies play in societal issues, and their responsibilities when it comes to cooperating with law enforcement and legal proceedings. The case also emphasizes the government’s duty to protect its citizens abroad, particularly in situations involving complex, cross-border digital crimes.

Pavan Duggal, a prominent Supreme Court lawyer and Chairman of the International Commission on Cyber Security Law, has issued a stern warning to Facebook, saying that the company is “playing with fire.” He emphasizes Facebook’s role as an intermediary under the Information Technology Act 2000 and stresses the company’s obligation to cooperate with local law enforcement.

Duggal’s statement points out that Facebook, with offices in India, is required to adhere to local laws under the IT Act, including subsequent rules and regulations. As a data intermediary, Facebook has a responsibility to provide information about the creator or user of an account, especially when that account has been used for criminal or illegal activities.

Duggal warns that Facebook’s non-cooperation could lead to serious legal consequences. According to him, not responding could be seen as a contravention or violation of the IT Rules 2021, which might result in Facebook losing its statutory exemption from legal liability. Furthermore, the company could be subject to penalties under the Indian Penal Code and the IT Act 2000.

In light of these potential repercussions, Duggal advises Facebook to comply with the directives of the High Court and provide all the necessary information. Failure to do so could result in a series of legal actions and increased exposure to legal liabilities. This scenario underscores the growing tension between social media platforms and local laws, highlighting the importance of transparency and cooperation in investigations of this nature.