LawChakra

Supreme Court to Hear Plea on May 13 Against Blocking of YouTube Channel ‘4PM’

Thank you for reading this post, don't forget to subscribe!

On May 5, the Supreme Court issued notices to the Centre and other concerned parties in response to a petition filed by Sanjay Sharma, editor of the digital news platform ‘4PM’, which has a subscriber base of 73 lakh.

NEW DELHI: 10th May: The Supreme Court is set to hear a petition on May 13 that challenges the order blocking the YouTube channel ‘4PM’ and seeks its quashing.

On May 5, the Supreme Court issued notices to the Centre and other concerned parties in response to a petition filed by Sanjay Sharma, editor of the digital news platform ‘4PM’, which has a subscriber base of 73 lakh.

A Bench consisting of Justices BR Gavai and KV Viswanathan instructed the Central government to submit its reply within two weeks.

The petition alleges that the blocking of the channel was carried out by the intermediary based on a confidential directive, reportedly issued by the Centre, citing “vague” reasons such as “national security” and “public order”.

The petition, filed by 4PM News Editor Sanjay Sharma, argues that the channel was blocked following a confidential directive from the government, citing “national security” and “public order” concerns. Sharma asserts that he never received a formal blocking order.

Invoking Section 69A of the Information Technology Act, 2000, the plea contends that a reasoned order and an opportunity to be heard are mandatory before blocking any online content.

The plea states,

“It is settled law that the Constitution does not permit blanket removal of content without an opportunity to be heard. ‘National security’ and ‘public order’ are constitutionally permissible grounds under Article 19(2), but they are subject to tests of reasonableness and proportionality,”

It further argues that vague references to these grounds without disclosure of the alleged offending content undermine the petitioner’s right to free speech and fair hearing.

Describing the Centre’s action as a “chilling assault on journalistic independence,” Sharma seeks to overturn the blocking order. The plea also challenges Rules 8, 9, and 16 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, arguing that they permit content to be blocked without prior notice or hearing, rendering them unconstitutional.

The petition was filed through Advocate Talha Abdul Rahman and drafted by Advocates Mohammad Haider Rizvi and Shaz Khan.

Delhi-based social media influencer and YouTuber Nitish Rajput has claimed that his YouTube channel has been blocked in Pakistan. This came at a time when tensions between India and Pakistan have once again escalated.

Earlier, Sanjay Sharma is the editor-in-chief of the popular Hindi news channel ‘4PM’. In his petition, he told the Supreme Court that his channel was suddenly blocked under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, also known as the IT Blocking Rules. He said this was done without giving him a chance to respond or explain his side.

He asserted YouTube’s decision to block his channel, is “arbitrary and unconstitutional.”

The government, on the other hand, told the court that the channel was blocked because of serious concerns related to national security and public order.

But Sanjay Sharma argued that the government is misusing the law to silence media voices. He said that the IT Blocking Rules are being used in an arbitrary way, and they are not giving fair chances to people before taking such serious action like blocking a news channel.

The situation turned more serious after India carried out Operation Sindoor, a major counter-terrorism operation. As part of this mission, India reportedly destroyed nine terrorist infrastructure sites located in Pakistan and Pakistan-occupied Jammu and Kashmir (PoJK). Importantly, these strikes did not target any Pakistani military bases, but were in retaliation for a terrorist attack in Pahalgam that killed 26 civilians.

Amidst this tense backdrop, Nitish Rajput posted on X (formerly Twitter) that his YouTube channel had been restricted in Pakistan.

“Pakistan has blocked my YouTube in Pakistan,”
he wrote in his post.

He also shared what he claimed to be an official notification from YouTube, regarding the block.

“Hi Nitish Rajput. We received a legal complaint from a government entity regarding your content. After review, the following content has been blocked from view on the YouTube country site(s) listed below: Channel: Nitish Rajput,”
the message began.

It further stated:

“Google might be required to take action on your content where necessary to comply with applicable laws. Please review our Help Center article on legal complaints,”
the notice added.

The blocking of Rajput’s channel triggered a wave of reactions on social media. Many users came forward to support him, calling the move an attempt to suppress voices online.

One user commented:

“This is also an information war.”

Another added:

“I just saw that your videos are being re-uploaded on Pakistan’s TikTok account.”

A third user expressed strong support, writing:

“They don’t deserve your content, bruh.”

And another one remarked:

“Who cares? Your viewership is in India anyway.”

Nitish Rajput is known for creating educational and analytical content on Indian society, politics, and current events.

The bio of his YouTube channel reflects his vision:

“I believe in using the tools available online to curate a healthy, informative content that can genuinely benefit people, helping them form opinions that are backed by facts and uncompromised information.”

The incident has sparked debate over freedom of expression, digital censorship, and cross-border information control. As the situation between the two nations remains tense, online platforms too have become part of the larger battleground of narratives.

FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE

Exit mobile version