Delhi HC asks Big Techs to submit SOPs for establishment information

The HC noted that the “time lag” between the search for information by the police and the receipt of such information from social media platforms is hampering the process of tracing missing persons

The HC also directed the counsel for Delhi Police to hold a meeting with concerned police officials and place a note before the court on “some challenges” faced by agencies.

The Delhi High Court bench has listed the matter for next hearing on October 8

The Delhi High Court (HC) has directed social media platforms to submit details of their standard operating procedures (SOPs) while responding to requests for information from law enforcement agencies.

“The platforms will establish their standard operating protocol for handling requests for information from law enforcement agencies, including the timelines, on the next date,” a recent order said.

In the order, dated September 20, the HC bench observed that the “time delay” between seeking information by the police and receiving such information from social media platforms is hampering the process of tracing missing persons.

Subsequently, the bench comprising Justice Prathiba Singh and Justice Amit Sharma directed all major intermediaries including Google, Meta, Reddit, of such data. .

The HC also directed the Delhi Police counsel to hold a meeting with concerned police officials and place a note before the court on “all issues” faced by the enforcement agencies and the training required by them.

“To ensure that such delays and delays do not hamper the process of locating missing persons, sometimes even children and minors, it is imperative that the relevant online platforms and their concerned officials observe appropriate timelines. It is also necessary that the IOs (investigating officers) get well accustomed to the manner in which requests should be posted, how the portal should be monitored and immediately upon receipt, how they should be downloaded from these platforms,” the order said.

The directions came when the HC was hearing a habeas corpus petition filed by the parents of a missing child. The Delhi Police claimed before the HC that it had sought information from Meta about the Instagram account of the missing child, but the said details were not provided by the platform.

During the hearing, Meta lawyer Tejas Karia said the information was provided to the said agency later on the morning of the hearing. Karia also said that there are “usually” training programs for law enforcement agencies to access the portal functions for searching the said information.

The HC said the delay in providing such information was noticed in other cases too. The court then listed the matter for the next hearing on October 8.

Notably, this is not the first time that social media platforms have found themselves in the crosshairs of Indian authorities. As Google grapples with antitrust fines, Meta has come under fire from the government for its failure to tackle fake news and disinformation.

In addition, social media platforms have also been pulled over by authorities for failing to comply with takedown orders or for failing to effectively crack the whip on content related to child sexual exploitation and terrorism.