Court Asks YouTube, FB, Twitter To Remove Material Disclosing Identity Of Victim

Issues show cause notice to 5 newspapers

Srinagar: The High Court on Friday directed the YouTube, Facebook and Twitter to remove all materials/posts/publications which tend to disclose the identity and name of the three-year-old girl of Bandipora allegedly raped by a youth on May 8.

The direction came after a report was submitted by amicus curie, Farah Bashir, which gave details of the photos/screenshots taken from the electronic media displaying pictures of the victim (some even fake) on the You Tube and circulated on Twitter and Facebook.

The report pointed out details of the print and electronic media wherein the incident of alleged sexual violence of three year old minor girl child has been reported while violating the Section 23 of POCSO Act.

The report further reveals that Kashmir Observer, Kashmir Vision, Kashmir Glory and Urdu Daily Ilhaaq carried the picture of the victim while Urdu Daily Afaaq carried the name of the victim in the news item itself.

In this connection Court directed Registry to issue notice to the Kashmir Observer, Kashmir Vision, Kashmir Glory, Urdu Daily Afaaq & Urdu daily Ilhaaq to show cause as to why action be not taken against them for the violations of Section 23 of POCSO Act committed by them.

“Intermediaries in Sec 2(1) (w) of the Information and Technology Act 2000, the permissibility for this court to fasten liability for violations of Section 23 of J&K POCSO Act against intermediaries and service providers would have to be examined,” Court said.

Farah Bashir submitted that Section 44 of the POCSO Act of 2018 casts a duty upon the State government to give wide publicity through media including television, radio and print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act.

The Information department of J&K was directed to place the report before the Court regarding the measures taken in terms of Section 44 of J&K POCSO.

The court also issued direction to the Member Secretary, J&K State Legal Services Authority (JKSLSA) to place an action plan and proper guidelines/protocol before the Court and to ensure linkage between the police stations and the offices of the Legal Services Authority in order to address various issues.

“Supply of information regarding any case of sexual violence immediately by the police authorities to the legal services authorities. This information can be transmitted using SMSs, Whatsapp, e-mail or telephones,” Court directed Member Secretary JKSLSA.

JKSLSA was directed to ensure legal aid to a victim right from the beginning i.e., from the stage of lodging of complaint and registration of the case; medical examination; recording of statement; throughout the trial and till the end of the case.

It was also directed to ensure that proper medical treatment is also administered to the victim.

“Release of compensation under the Victim of Compensation Scheme at the earliest, preferably within 24 hours of an incident of sexual violence being reported,” Court directed.

Court further directed JKSLSA to place a proper protocol in this regard before the Court within ten days from today.

The bench conducted in-camera proceedings in the case of alleged rape of a minor girl in Bandipora at official residence of Chief Justice at Sonwar, Srinagar. (RK)