Facebook says it can’t self-censor advertisements before Lok Sabha polls

Social media giant Facebook (FB) on Monday told the Bombay High Court that it cannot self-censor advertisements without there being any notification from the Election Commission of India and if it does then it would have a ‘chilling effect’.

Senior Advocate Darius Khambata appearing for FB was replying to a public interest litigation seeking ban on political advertisements 48 hours before the forthcoming Lok Sabha elections. The ban means to ensure that voters are not influenced by individuals or political patries.

Khambhata even told the court that under the Representation of Peoples Act, Facebook was not included, thus advertisements could not be banned on it. A division bench of Chief Justice Naresh Patil and Justice N M Jamadar said,

“Why should Facebook not be regulated? It has to be responsible and has to ensure that fairness of elections is not affected.”

Khambata, then sought time to explain in details the operating of the social media website and how it will not be able to ban the advertisements. “Facebook is a platform where from world across people can post.” The court granted it time till February 18, to file its affidavit in reply. It has also issued notices to Youtube, Google India and twitter, to appear before the court and respond to the petition on the next date.

Advocate Pradeep Rajgopal appearing for the Election Commission of India, expressed its inability to ban the advertisements on social media. He said “It is not possible to issue any orders.” He also told the court that on the next date a detailed affidavit will be filed by him on behalf of the commission.

To which the court turned to the petitioners counsel, Abhinav Chandrachud seeking a response. He said “If its possible in countries like United Kingdom and United States of America, then why not in India. If the commission is not doing it then court should issue appropriate orders.”

Advocate Sagar Suryavanshi, in his plea has sought directions to the Commission to prohibit all persons, whether politicians or private individuals, from posting advertisements related to politics or elections, or paid political content on social media platforms such as YouTube, Facebook, and Twitter, 48 hours before the election day.

The Commission has earlier told the court that based on a committee report; it has recommended amendment of Section 126 (b) of the Representation of Peoples Act which prohibits public meetings, processions, campaigns 48 hours before polling. However, the amendment will have to be done by the Parliament.