Kerala HC allows NoCap to operate Facebook page after removal of ‘hateful comments’

The Kerala High Court has permitted Malayalam digital news platform NoCap to resume operating its Facebook page, subject to the removal of certain comments described as hateful by the police.

Justice Ziyad Rahman AA passed the order on November 5, Thursday after the Kerala government informed the court that its instructions to Meta platforms were limited to removing certain comments on NoCap's posts and did not call for blocking the platform's Facebook page altogether.

“Today, when the matter came up for consideration, the learned government pleader upon instructions submitted that the instruction given to the 5th respondent (Meta platforms), was only to remove certain hateful comments in some of the posts made by the petitioner and no instruction was given to block the Facebook page of the petitioner as such,” the court observed.

In light of the submission, the court ordered that NoCap's chief editor, Hyder Ali K, be permitted to operate the Facebook page after deleting the comments notified by the third respondent, the Director General of Police and State Police Chief, or officers subordinate to them.

“The necessary steps in this regard shall be taken by the 5th respondent (Meta Platforms) and the petitioner may communicate the order to the 5th respondent,” the court said, referring to Meta Platforms, the fifth respondent in the case.

The order follows a petition filed by Hyder Ali challenging the restriction imposed on NoCap's Facebook page in India on September 28. Meta had informed the organisation that the action was based on a notice attributed to the Union government or law enforcement authorities under Section 79(3)(b) of the Information Technology Act, 2000.

When the matter was first heard on October 26, the High Court had sought instructions from the Union and Keralam governments on whether either had issued directions to Meta to block the page. The court had also issued notice to Meta.

The petitioner had contended that the blocking order was neither made public nor communicated to him or his team. The petition sought the production of the order and connected records, a stay on its implementation, and restoration of the Facebook page while the case was pending.

The petition also raised concerns over the lack of transparency and procedural safeguards in content-blocking actions. The Software Freedom Law Center, India (SFLC.in), a legal services organisation working on digital rights and internet freedom, assisted NoCap through its RightsLine initiative in the legal challenge. The SFLC.in said the restriction had affected NoCap's ability to disseminate journalistic content, reach its audience and sustain its operations, resulting in a significant decline in the page's reach and monetisation revenue.