SC bars use of WhatsApp to share links for hearings based on new social media guidelines

A day after the Centre released new guidelines regulating social media and OTT platforms, the Supreme Court announced that it will stop using WhatsApp groups as a medium to share links of virtual court hearings. As per the apex court, the decision has been taken based on the rules notified by The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Issuing a circular, the Supreme Court said, "It is notified for the information of the Advocates-on-Record /Party-in-Persons that the creation of groups in WhatsApp for sharing of VC links for the hearing of their matters is restricted/barred due to new guidelines or regulations issued by the government of India pertaining to social media Apps and OTT platforms."

The top court added that with effect from March 1, links to virtual court hearings would be solely shared on registered email ids as well as by SMS on registered mobile numbers of the Advocates-on-Record or the Party-in-Persons. 

It is also important to mention that the social media networking app had been at the center of controversy earlier this year over its new privacy policy. CJI Bobde had also pulled up Facebook over WhatsApp's privacy policy saying, "You may be two or three trillion company, but people value their privacy more than money."

Read: You May Be Trillion Dollar Firms But People Value Their Privacy: SC To Facebook, WhatsApp

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Centre's new guidelines to regulate OTT platforms & social media

While addressing a press conference on February 26, the Union Government released The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 laying down guidelines to regulate the use of social media and OTT platforms. Information and Broadcasting Minister Prakash Javadekar while laying down the guidelines said, "The way print media has press council, Films had censor board, TV channels there is program code, OTT platforms had no such arrangement to regulate the content."

With the new rules in place, social media platforms on being asked either by Court or Government authority will be required to disclose the first originator of a mischievous tweet or message. This could be in relation to the sovereignty of India, the security of the state, relations with foreign states, rape, etc.

A three-tier mechanism has been developed for the regulation of OTT platforms. These include—Information, Self-regulation, and Oversight. Social media platforms and OTT players would also be bound to remove any content flagged by authorities within 36 hours and then set up a complaint redressal mechanism with an officer being based in the country to address the matter. 

Read: Union Min Prasad Talks OTT, Social Media Guidelines; Affirms Commitment To Free Speech

Read:Senior Advocate Vikas Singh Elected As Supreme Court Bar Association President

(With Agency Inputs)