New Delhi, Oct 10: The Supreme Court on Friday refused to entertain a plea seeking nationwide guidelines to regulate social media intermediaries on the suspension and blocking of user accounts.
A bench comprising Justices Vikram Nath and Sandeep Mehta allowed the petitioners to withdraw their plea and granted them liberty to seek other remedies before an appropriate forum.
During the hearing, the petitioners’ counsel informed the court that their WhatsApp accounts, used for communicating with customers, had been blocked without prior notice or explanation.
The bench questioned the petitioners, asking, “What is your fundamental right to have access to WhatsApp?” and suggested they could use other communication applications, including indigenous messaging platforms.
The counsel argued that the petitioners, who run a clinic and a polydiagnostic centre, had been using WhatsApp for the past 10 to 12 years for professional communication.
The bench observed that the petitioners could approach the high court or file a civil suit to address their grievances.
When the counsel referred to the prayer for pan-India guidelines ensuring “due process, transparency, and proportionality” in account suspensions, the court asked whether WhatsApp or other intermediaries could be considered a “state.”
Upon the counsel’s admission that they are not, the bench stated that even a writ petition might not be maintainable before the high court, advising the petitioners to explore other legal options.
