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On the 10th and 18th of September 2020, the Managing Director of India Facebook, By Delhi Legislative Committee, answered why Facebook did not curb the hate propagated during the Delhi riots. Ajith Mohan, The Head of Facebook India challenged said summons before the supreme court through a senior advocate, Harish Mr. Salve. Mr. Salve claimed that the summons relied on a report submitted in Wall Street Journal which stated that Facebook favors ruling. The main contention of the petitioner is answerable to the Ministry of Information Technology of India and not to the committee created by the Delhi Assembly.
The petition contends that the question will be soon turned into why Facebook did not take down the hate speech propagated through their platform. And, it is not the duty of FB to determine what is hate speech and what is not. Mr. Salve took the benefit of the right to remain silent for the petitioner. The petition claimed that the FB is run by a head office in the USA and the petitioner is not answerable to The Delhi Legislative Committee but only to the Ministry of Information Technology of India. The Petitioner also contended that the power to summon an induvial lie with the Legislative Assembly and a committee constituted by such Assembly cannot possess such powers. Mr. Salve asserted that the legislative and executive powers cannot be delegated to a committee outside the assembly, such committee cannot indulge in investigations.
Mr. Salve put forth that any legislature cannot take any coercive actions against any individuals unless the actions of a person interfere in legislative functions. The petition also claims that such action of DLA to regulate a platform such as Facebook is a threat to the free speech guaranteed under the Indian Constitution. The Matter has been listed for further hearing.
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