Can't invoke Article 19 rights, Meta does not discharge public function: Delhi HC told
2 years, 8 months ago

Can't invoke Article 19 rights, Meta does not discharge public function: Delhi HC told

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This comes after the high court received several petitions challenging the suspension and deletion of several user accounts by various social media platforms New Delhi: Social media company Meta Platforms, Inc the parent organisation of popular platforms Instagram and Facebook – has told the Delhi High Court that the rights under Article 19 of the Constitution of India cannot be invoked against it by a user and that it is a private entity which does not discharge a public function. Whether its alleged enforcement actions were improper is governed by the Instagram Terms of Service and Community Guidelines which constitute the private contract and Meta is thus not amenable to the writ jurisdiction of the high court under Article 226 of the Constitution, the social media giant said. Petitioner’s attempt to have this Hon’ble Court invoke its writ jurisdiction is particularly inappropriate as the relationship between Petitioner and Meta arises from a private contract and the alleged dispute at issue is a contractual one and Article 19 rights cannot be invoked against a private entity such as Meta, said the affidavit. Petitioner’s attempt to assert Article 19 rights against Meta, a private entity, is improper, contrary to law, and ought to be denied…Meta is not discharging a public function that would make it amenable to this Hon’ble Court’s writ jurisdiction under Article 226, it added.

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