Social Media and Aadhaar: Notice issued in plea by Facebook to transfer proceedings to Supreme Court

The Supreme Court today issued notice in the plea filed by Facebook seeking to transfer various proceedings involving the social media giant from the high courts to the Apex Court..Among the cases are petitions involving prayers for linkage of of Aadhaar with social media profiles and concerns of traceability of the originator of messages on platforms such as WhatsApp..While issuing notice, the Supreme Court has also sought a response from the Centre as well as platforms like Google, Twitter, and YouTube..Appearing for Facebook, Senior Counsel and former Attorney General Mukul Rohatgi made the case for transferring the proceedings, stating that the issue concerns the privacy of individuals..He argued that an issue of this magnitude ought to be decided by the Supreme Court once and for all, as opposed to being decided by different high courts. He made a reference to the Supreme Court’s nine-Judge Bench decision affirming privacy as a fundamental right. An issue like this, which concerns the same right, should also be decided by the Supreme Court, argued Rohatgi..Rohatgi further added that Facebook is a global entity and has to abide by the laws of various countries. Orders passed by the high courts will have far-reaching ramifications. This argument found support from Senior Counsel Kapil Sibal, who was representing WhatsApp. Sibal argued,.“WhatsApp is a global product. Any interim order will apply not just in India but globally. That’s the impact. This is the real issue. It’s necessary that the Supreme Court takes it up and decides the question once and for all because different high courts cannot pass different orders.”.Sibal also submitted that the Centre was in the process of holding consultations for draft guidelines on the issue of traceability of WhatsApp messages..Appearing for the State of Tamil Nadu, Attorney General KK Venugopal opposed the transfer of the matters. The AG submitted that in the PIL before the Madras High Court, eighteen hearings have already taken place and some orders have been passed. Therefore, Facebook and WhatsApp both had effectively accepted the jurisdiction of the High Court, he submitted..While making his case for sharing of data by social media platforms with law enforcement agencies, Venugopal brought up the example of the Blue Whale challenge. In the absence of a mechanism to identify the originator of such games and challenges, it was impossible to identify where the message was originating from, Venugopal argued..Venugopal also stated that a mechanism is needed to enable law enforcement agencies to curb criminal activities like abetment to suicide, child pornography, among other things, perpetuated on these encrypted platforms..Justice Deepak Gupta, who was on the Bench with Justice Aniruddha Bose, said that a balance has to be struck between the protection of online privacy and the need to identify people who commit criminal offences online. He said,.“There is a conflict between right to privacy and the duty to prevent crimes online. There is no doubt that there has to be a balance between the two.”.The Court went on to issue notice in the case returnable on September 13. The Court further clarified that the hearings in the Madras High Court can also go on. However, no final orders can be passed by the High Court in the meantime..The Madras High Court is due to take up the matter next on August 21-22..Read the order: