Notice to social media companies for failing to furnish user details

The division bench comprising Justice S Manikumar and Subramonium Prasad said, “Having regard to the fact that some information disseminated is an offence punishable under Indian law, the law enforcing agencies, request the intermediaries to furnish details for investigation/detection and as per Rule 3 of the Information Technology (Intermediaries Guidelines) Rules 2011, the intermediary shall observe due diligence in the discharge of his duties.”

Also, holding that we are of the prima facie view that the Information Technology Act, 2000 and rules made thereunder, must be implemented in letter and spirit, the bench directed the registry to issue notice returnable by September 18 to all the above said social media companies from whom information is sought for investigation by the cybercrime.

The bench on quoting various clauses from the Information Technology Act in its interim order, said when required by a lawful order, the intermediary shall provide information or any such assistance to the Government Agencies, who are lawfully authorised for Cyber security activity.

Moreover, the intermediary shall publish on its website the name of the grievance officer and his contact details by which users or any victim who suffers because of access or usage of computer resource by any person can notify their complaints. The grievance officer shall redress the complaints within a month from the date of receipt of complaint, the bench said.

“But from the averments made in the counter affidavit of the Additional Commissioner of Police, Central Crime Branch, Greater Chennai, it could be seen that though the request has been made by the Cyber Crime Cell, Commissionerate of Chennai, to furnish details, social media companies have not furnished the same in many cases and also rejected the requests,” the bench added.

The petitioner besides seeking to link Aadhaar as mandatory for authentication while obtaining any email or user account (Social Media Accounts) and appoint a special and skilled task force to monitor the rising instances of all sorts of cyber defamation and cyber stalking and protect the innocent victimized E-citizens of India.