Punjab and Haryana High Court stays order to remove Punjab cop's 'sex-for-cash' audio clip from social media

The Punjab and Haryana High Court on Thursday stayed a trial court's order to various online platforms for removal of a viral audio-call recording in which a senior police officer was purportedly heard seeking sexual services from a woman [Panj Daria Vigilant Media Pvt Limited and Another vs State of Punjab and Others]..Justice Manjari Nehru Kaul passed the order on a petition moved by Panj Daria Vigilant Media Private Limited which argued that the Judicial Magistrate First Class (JMIC) had passed the order without jurisdiction.The Court issued notice to Punjab government and others on the petition and listed it for hearing on July 29."Meanwhile, the operation of the impugned order shall remain in abeyance till the next date of hearing," the single-judge ordered..The petition before the Court challenges Judicial Magistrate First Class (JMIC) Vibha Rana's April 7 order directing Meta (which owns Facebook, Instagram and WhatsApp), YouTube, X Corp (formerly Twitter) and other digital media platforms to ensure that no similar content or publication is allowed to be uploaded. The JMIC had also issued a general direction to the members of the public not to circulate the content. She had found substance in concerns that the audio clips were unverified and could have been digitally manipulated or even AI-generated.The order was passed on an application moved by a social activist, Devinder Singh Kalra (applicant), under Information Technology (Intermediary Guidelines And Digital Media Ethics Code) Rules And Section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). .On Thursday, the counsel appearing for Panj Daria Vigilant Media argued before the High Court that Kalra was not an aggrieved person or anyone directly affected by the online content. He lacked locus standi to mantain the application and the JMIC could not have entertained the same as a Public Interest Litigation, a jurisdiction exclusively reserved for constitutional courts, the Court was told.It was also submitted that the JMIC had passed the order on the same day the application was filed and without issuing any notice to the respondents.The petitioners also questioned how the JMIC without any expert report had concluded that the audio clips were AI-generated. It was argued that a vague and broad restraint imposed by the trial court amounted to an "unconstitutional prior restraint on free speech"..Considering the arguments, the Court stayed the JMIC's order..Senior Advocate Bipin Ghai with advocate Nikhil Ghai represented the petitioners..[Read Order]