New Delhi, May 5 The Supreme Court on Monday issued a notice to the Union government on a plea filed by journalist Sanjay Sharma challenging the directive to block the YouTube channel 4PM News Network on grounds of "national security" and "public order".
A bench of Justices B.R. Gavai and K.V. Viswanathan sought responses of the Union government, including the Ministry of Home Affairs, and YouTube, and posted the matter for further hearing next week.
When a prayer for interim relief was pressed, the Justice Gavai-led Bench told senior advocate Kapil Sibal, representing the petitioner, that it was not inclined to pass any interim order without hearing the other side.
In his writ petition filed before the apex court, the editor of the digital news platform said that non-furnishing of the blocking order or underlying complaint violated both statutory and constitutional safeguards.
"Rules 8, 9, and 16 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, which permit blocking without notice or hearing, are violative of Articles 14, 19(1)(a), and 21 of the Constitution, as they oust the principles of natural justice and enable a shadow regime of censorship devoid of transparency or accountability," stated the petition filed through Talha Abdul Rahman.
Further, it said that the Constitution does not permit the blanket removal of content without an opportunity to be heard.
"'National security' and 'public order' are not talismanic invocations to insulate executive action from scrutiny. They are constitutionally recognised grounds under Article 19(2), but are subject to the test of reasonableness and proportionality,” the plea said.
A vague reference to these grounds, without even disclosing the offending content, makes it impossible for the petitioner to challenge or remedy the allegation, thereby depriving him of his fundamental right to free speech and fair hearing, added the petition.
Recently, in a press statement, the Editors Guild of India said that it was “deeply concerned” by the decision of the Union government to block YouTube Channel 4PM News Network, and termed the move an "opaque use of executive power, without prior notice or opportunity for response".
"Arbitrary takedown orders undermine the fundamental right to freedom of speech. [T]he Guild reiterates its demand for a transparent and accountable mechanism for content takedowns, particularly when it concerns journalistic work. National security cannot become a pretext to silence critical voices or independent reporting," added the press statement.
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