HC notice to Haryana govt on plea against ban on social media news portals in Sonepat

CHANDIGARH: The Punjab and Haryana high court has issued notice to the Haryana government on a plea against the decision of Sonepat district administration to ban social media news portals and YouTube channels in the district.
Justice H S Madaan of the HC passed the order while hearing a petition filed by Ankit Nain, a resident of Sonepat district and currently a student of Centre for Human Rights and Duties at Panjab University (PU), Chandigarh.
The petitioner had sought directions to quash the order dated June 16 by deputy commissioner Sonepat, who is also the district magistrate-cum- chairman of district disaster management authority, citing violation of the fundamental rights.
The DC Sonepat had issued the order dated 16 “being cognizant about the moral and mental health of the general public and the frontline workers” in the current 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 the information are not registered with the Ministry of Information & Broadcasting, Union of India as well as Directorate of Information and Public Relations, government 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 Ministry of Information and Broadcasting, Union of India or Directorate of Information, Public Relations and Languages, government of Haryana.
Moreover, the public relations 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 while seeking setting aside the order passed by DC Sonepat.
After hearing the petition, the HC has now asked the Haryana government as well as the DC Sonepat to submit their replies on petitioner’s submissions by August 14.