FB case: Court slams Centre, state

TNN | Dec 19, 2017, KOLKATA: Calcutta High Court on Monday came down on the Centre and the state government for failing to obtain the IP address of a person accused of posting objectionable material about a petitioner on Facebook.

Justice Debangsu Basak was hearing the petition by a woman from Siliguri who alleged police inaction after she lodged an FIR. According to her, she lodged a complaint on May 3, 2016 at the Siliguri Cyber Crime police station against Facebook after noticing the posts. She came to know later that the police discontinued the probe due to lack of evidence. She had been told by the police that they discontinued the probe as Facebook didn't provide the IP address of the accused.

On December 6, when the matter first came up for hearing before Justice Basak, the police counsel told the court that efforts had been made to obtain the IP address. On Monday, additional solicitor general Kaushik Chandra submitted that only the Centre has the knowhow to tackle such cases, but the state didn't seek assistance. The police counsel also said there is no provision for any penal action against a social networking site under Section 79 of the IT Act if it doesn't reveal information.

"This is very serious in nature. If Facebook is not cooperating, why are the Centre and state government sitting tight? This is alarming. What if greater harm is done using the social networking site? Facebook needs to be asked why the IP address is not being provided. The state needs to approach the Centre and take necessary steps to get information. They will inform the court of what action has been taken," the court observed.