Delhi High Court rules Meta not subject to writ jurisdiction

The Delhi High Court has ruled that Meta Platforms India cannot be subjected to writ jurisdiction under Article 226 of the Constitution regarding the disabling of Instagram accounts. Justice Amit Mahajan observed that providing a social media platform for communication and social interaction does not constitute a governmental function or the discharge of a public duty.

The court noted that while social media platforms play a significant role in disseminating information and shaping public opinion, their primary function is to provide a platform for expression. Public discourse is considered a consequence of these operations rather than a mandated public duty. The court stated that Meta’s operations remain private and no governmental mandate delegates traditional State functions to the company.

The ruling came during a petition filed by Sarthak Bhagat, who challenged the deactivation of his Instagram accounts. Bhagat alleged his accounts were disabled for violating Community Standards without prior notice or an opportunity to respond. The court suggested that the petitioner could seek damages through a civil suit instead of a writ petition.