Ban on social media news outfits: HC notice to Haryana, Sonipat DC

CHANDIGARH: The Punjab and Haryana high court has issued notice to the Haryana government on a plea against the decision of the Sonipat district administration to ban social media only news outfits and YouTube channels in the district.
Justice H S Madaan passed these orders while hearing a petition filed by Ankit Nain, a native of Sonipat district who is a student of the Centre for Human Rights and Duties, Panjab University (PU), Chandigarh.
The petitioner has sought directions to quash the order dated June 16 by deputy commissioner (DC) Sonipat, who is also the district magistrate Sonipat and the district disaster management authority chairman, being “violation of the fundamental rights”.
The Sonipat DC had issued “being cognizant about the moral and mental health of the general public and the frontline workers” in the epidemic times, observing that many online portals are operating as “news channels”, the content of which cannot be controlled by the state.
The order also stated that dissemination of information on social media amounts to “journalistic activities” and the people spreading this information are not registered with the ministry of information & broadcasting, Union of India, as well as, directorate of information & public relations of Haryana.
The order also mentioned that the control of such spread of information is necessary, and in the operative portion, the order expressly outlaws use of social media platforms as “news channels”.
According to the petitioner, there is no mechanism or procedure to “register” oneself as a “news channel” either with the Union I&B ministry or Haryana’s directorate of information and public relations.
Moreover, the department “does not have any rules or regulations related to registration of online media or online news portals”.
The petitioner has also submitted that even the Disaster Management Act, 2005, does not provide with any such power to the district magistrates to issue such orders.
“The impact of the said order is that any information sent through a social media platform, right or wrong, relevant or irrelevant, true or false, would amount to commission of the crime of disobedience of an order of a public servant, as given in Section 188, Indian Penal Code, 1860,”argued the petitioner.
After hearing the petition, the HC has now asked the Haryana government as well as the Sonipat DC to submit their replies by August 14.