Facebook India Skips Delhi Peace and Harmony Panel’s Summon, Gets a ‘Final Warning’

Chadha also contested the positions taken by Facebook in its response. According to the body, there is nothing to suggest that if a matter is being discussed in any Parliamentary panel, the same cannot cannot be discussed by an Assembly panel, since the state legislature functions independent of the Parliament. Chadha also pointed out that the issues in front of both the panels are different – while the issue in front of the Parliamentary Panel of Information and Technology was “safeguarding citizen’s rights and preventing misuse of special online news media platforms including special emphasis on women’s security in digital space,” the Assembly committee was discussing Delhi riots and whether Facebook has any role in same. “Their first contention is untenable. Secondly, to say that communications, IT Act, Law and Order is the exclusive domain of the Centre is also completely erroneous,” Chadha said.

Chadha cited Entry 1 and Entry 2 of List 3 of the Seventh Schedule of the Constitution of India, the 2018 Supreme Court verdict in the State of NCT Delhi vs the Union of India, and section 18, sub section B of the GNCDT Act – which gives Delhi Legislative Assembly, its members and its panels privileges, power and immunity to argue that this privilege of the Vidhan Sabha had been breached and disregarded. “If this panel desires, it can compel your attendance, force you to appear before the panel, issue warrant and you have to appear. Your refusal to appear before this committee is an attempt to conceal crucial facts in relation to Facebook’s role in the Delhi 2020 communal riots violence. This shows that Facebook has something to hide. It reveals that Facebook is running away from the panel and the allegations levelled against it in context of Delhi riots are perhaps not baseless,” Chadha said.

Stating that this non-cooperation illustrates that Facebook India wants to hide its role in the Delhi riots, suppress evidences and conceal facts, the committee passed a resolution to give Facebook “one final opportunity” and a “final warning”, in keeping with the principles of natural justice to appear before the panel. Failing this, the committee would use its powers to take ‘coercive measures’ and ‘precipitative action’.