Chennai: Madras high court has ordered notice to social media giants Twitter and WhatsApp, Facebook and Youtube for not cooperating with investigation relating to cyber-crime offences.
The division bench of Justices S. Manikumar and Subramonium Prasad passed the interim order after submission from Central Crime Branch (CCB) police stating that social media firms - Facebook, Twitter, Youtube and WhatsApp - did not reply to their queries or provide information.
The court ordered notice to firms of Twitter, WhatsApp, which are located in San Francisco and California respectively. The bench also ordered notice to offices of Facebook and YouTube in Hyderabad.
The writ petitioner Antony Clement Rubin sought for direction to the Central government to make it mandatory to link Aadhaar to all social media accounts. He said if Aadhaar is linked with social media accounts persons commit cyber- crime offences could be easily identified.
Earlier, when the matter came up for hearing on August 24, the additional commissioner of police, CCB, M.T. Ganeshmoorthy, submitted that social media firms do not cooperate with the branch relating to cyber-crime investigation. The social media firms responded only to only 484 out of 1,940 requests made by CCB police seeking Internet Protocol (IP) log details of suspected cyber criminals during 2016-2018. The CCB depends on the information provided by the social media companies to investigate cyber-crime complaints. The department could complete investigate only after receiving complete details including like IP logs in social media account.
When the matter was taken up for hearing on Wednesday, the bench has wondered why these companies do not cooperate with the law enforcement agencies as mandated by the IT Act. The bench directed the firms to explain by September 18 as to why they should not be impleaded in the plea as respondents.
The bench said the Information Technology (Intermediaries Guidelines), Rules makes it clear, that when required by a lawful order, the intermediary (social media firm) shall provide information or any such assistance to government agencies, which are lawfully authorised to investigative.
These firms should publish on its website the name of the grievance officer and his contact details as well as mechanism by which users or any victim who suffers as a result of access or usage of computer resource by any person in violation of Rule can notify their complaints.
However, as per the submission made by CCB, it could be seen that, though request has been made by to furnish details, social media companies have not furnished in many cases and also rejected the requests.
Passing the interim order, the bench 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 rules, the intermediary shall observe due diligence in the discharge of his duties.”
