The Delhi High Court has clarified that people seeking removal of objectionable online content should directly contact the social media platform concerned before approaching the court. A bench of Justice Manmeet Pritam Singh Arora said that social media officials present in the court proceedings do not raise any objection to the complaints regarding removal of wrong or offensive content. The court made this comment when it ordered a unilateral interim ban on the controversial material while protecting the personality rights of actor Ajay Devgan.
Before issuing the ex-parte restraining order, the bench clarified that the AI-generated photographs of the actor with other female celebrities, uploaded by different users, prima facie appear to be objectionable, misleading and obscene. can be reported to the respective social media platforms under the Information and Technology Act.
The court said that it is necessary that the complainant first follows the statutory procedure prescribed in the IT Rules. Therefore, from now on, if a complainant/litigant directly approaches the court without availing this legal remedy, he will not be entitled to an ex-parte interim stay. In such cases, the court will direct the concerned party to first lodge a complaint on the social media platform.
The bench also said that when social media platforms themselves are willing to remove objectionable content, complainants should approach them first. With this, their problem will be solved at the same level and there will be no unnecessary burden on the court.
The bench further said that the objective of the legal system is to provide effective and prompt redress to the complainant, and social media platforms themselves provide efficient mechanisms for redressal of such complaints. In such a situation, filing unnecessary cases in the courts is wrong in many ways. People want easy solutions to their problems, which can be easily found at the platform level. Therefore, the court disposed of the petition with these observations.
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