Supreme Court seeks Centre's response on AAP's plea to restore Gujarat accounts

India's Supreme Court has asked the central government to respond to an interim application filed by the Aam Aadmi Party (AAP) seeking the restoration of its Gujarat unit's Facebook page and Instagram handle. The accounts were reportedly blocked a day before local body elections in the state.

AAP's counsel, senior advocate Shadan Farasat, informed the court that the party would remove any specific posts deemed objectionable, without prejudice to its rights. He argued that blocking the entire page and handle of a recognized national political party, instead of restricting specific offending content, disproportionately restricts political speech and violates principles of natural justice and proportionality.

Meta, the social media platform provider, cited Section 79(3)(b) of the Information Technology Act, 2000, as the basis for restricting access. This section relates to intermediaries' immunity from liability for third-party content, and Meta stated it acted pursuant to a government or law enforcement agency request. AAP contends that no blocking direction, notice, or reasoned order was provided to them.

The Supreme Court has tagged AAP's plea with a pending public interest litigation challenging blocking without prior notice to users. The Union government has been granted two weeks to file its reply. This case raises significant questions about intermediaries' responsibilities, government blocking powers, and the protection of political speech online.