The Supreme Court on Tuesday said that it will pass an injunctive order specifically asking Wikipedia to remove the name, photographs and video clips of the deceased victim in West Bengal’s R.G. Kar Medical College & Hospital incident.
“In Wikipedia, the name and photo of the (victim) girl is still there. Till yesterday, it was there and we have checked again, it is still there,” submitted Solicitor General (SG) Tushar Mehta, the second highest law officer of the Centre, before a bench headed by CJI D.Y. Chandrachud, hearing the suo moto case registered in wake of ghastly rape and murder of a junior doctor at the state-run hospital in Kolkata last month.
The Bench, also comprising Justices J.B. Pardiwala and Manoj Misra, said that all social media platforms were directed to take down the identity of the victim and all the photographs must be pulled down.
Senior advocate Kapil Sibal, representing the West Bengal government, submitted that Wikipedia was not taking down the identity of the victim.
Senior advocate Menaka Guruswamy added, “When Wikipedia was contacted and asked to remove it, they said that we refuse to be censored.”
SG Mehta said that the removal of the identity of the victim is not a “censor” but Wikipedia has been asked to not commit an offence.
“We will pass an order because her (victim’s) name and photographs cannot be revealed,” the apex court said.
In an earlier order passed on August 20, the SC had ordered the removal of the identity of the deceased victim of Kolkata’s R.G. Kar Medical College incident from all social media platforms and electronic media.
It noted that the name of the deceased and related hashtags have been widely disseminated on electronic and social media, including photographs of the body of the deceased.
“Plainly, this is in violation of the directives of this Court in Nipun Saxena & Anr Vs Union of India & Ors. This Court directed that the identity of victims of rape should be protected and the media, including the press, electronic and social media shall not reveal their identity,” it had said.
The apex court passed an injunctive order requiring all social media platforms and electronic media to forthwith remove all references to the name of the deceased, photographs and video clips.
In the first suo moto hearing, the SC had pulled up the West Bengal government over the publication of the name, photographs and video clips of the deceased victim.
“It is extremely concerning. We are first to recognise the right to free speech, but there are well-settled parameters,” it had said.
In response, the West Bengal Police said that it had filed 50 FIRs and before it could reach the crime scene, photos were taken and circulated.