MeitY directs platforms to remove Kolkata rape victim’s details

By Ncr Ink On Oct 28, 2024

The Ministry of Electronics and Information Technology (MeitY) has directed social media platforms operating in India to remove any content identifying the victim of the rape and murder incident at Kolkata’s RG Kar Medical College and Hospital on August 9, in accordance with the Supreme Court order dated August 20, 2024. It asked to “safeguard the privacy and dignity of individuals involved” and warned that failure to comply will result in legal consequences and further regulatory action. It has also directed the social media platforms to share their plan of action to take down the content with MeitY’s cyber law division.

The SC ordered all social media platforms and electronic media to promptly remove all references to the name of the deceased, along with any photographs and video clips depicting the deceased. The writ Petition filed by members of the Bar noted that the victim’s name and hashtags along with photographs and video clips of the body of the deceased, have been circulating on social media platforms like Meta (Facebook and Instagram), Google (YouTube) and X (formerly Twitter).

The SC noted that this is in violation of the directives of ‘Nipun Saxena & Anr Vs Union of India & Ors’ , a previous ruling of the Court which mandates that media including the press, electronic and social media protect the identity of victims of rape and not reveal their identity.

The SC has placed reliance on the provisions of Section 72(1) of the Bhartiya Nyaya Sanhita 2023, said the order. The law states that whoever prints or publishes the name of a victim of rape or sexual assault , “shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.”

Kolkata police sends take down notices to X users

Kolkata police arrested a second-year BCom student for allegedly inciting violence against West Bengal Chief Minister Mamata Banerjee and also disclosing the identity of the victim in her social media post. However, it has also been targeting users not inciting violence against political leaders.

Users have received take-down notices from the police “ for posting offensive and malicious content”, under Section 168 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 that allows police to intervene in order to prevent a “cognizable offence.”

An X user with the handle ‘epicnephrin_e’, also shared that the Kolkata police searched her house at 7:30 PM, citing her social media post on the incident. The police then instructed the user to delete the post and refrain from posting further content without verification.