The question (6 marks)
A student posts on a social media platform a sharply worded criticism of a State government's handling of floods, calling the ministers useless, and the post is shared widely. The State asks the platform to remove it and threatens the student with prosecution. (a) Can the student be prosecuted for sending grossly offensive or annoying information online? (b) On what provision, and by what procedure, may the State have online content blocked? (c) Is the platform liable for the post? (6 marks)
MU Module IV, heads 4.1(ii) and 4.1(iii); pack ch. 04, Shreya Singhal and MySpace.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Technology, Social Media and the Law of Legal Writing and Legal Language.
Authorities you will need
- Shreya Singhal v Union of India
- Information Technology Act 2000, ss. 2(1)(w), 66A as struck down, 69A and 79
- MySpace Inc. v Super Cassettes Industries Ltd, Delhi High Court, 23 December 2016
- Constitution of India, articles 19(1)(a), 19(2) and 226
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.