Bombay HC Orders Meta To Preserve Suspended Instagram Content

The Bombay High Court has directed Meta Platforms Inc. to preserve the content of eight suspended Instagram accounts belonging to Delta Corp, a gaming and hospitality company. The court's order was passed on July 2 by Justice Abhay Ahuja, who was hearing a suit filed by Delta Corp challenging Meta's decision to suspend its official Instagram handles in April.

Delta Corp, owned by businessman Jaydev Mody, operates casinos in Goa and Sikkim and has alleged that Meta's action was taken without any prior notice or explanation and was arbitrary. The company has argued that Meta failed to follow its own enforcement framework, which provides for graded action and notice before disabling accounts.

The court's order comes after Delta Corp's counsel informed the court that Meta had suspended one more official Instagram handle after the suit was filed. The High Court allowed Delta to amend its interim application to challenge the latest suspension as well. Meta's counsel did not oppose the amendment and sought time to file a reply.

Delta Corp's counsel urged the court to ensure that the content on the suspended accounts was not deleted, pointing out that Instagram's policy could result in automatic deletion after 90 days of suspension. However, Meta submitted that under Rule 3(1)(g) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the content would be preserved for 180 days.

The company disputed this interpretation, arguing that the 180-day preservation requirement applies only in situations covered under Rule 3(1)(b), which deals with intermediaries making reasonable efforts to prevent users from hosting prohibited content. Delta Corp maintained that its Instagram handles were used only to share business updates, hospitality offerings, and guest experiences.

The court directed Meta to file its reply within three weeks and ordered that the content of Delta Corp's eight suspended Instagram accounts be preserved until the dispute is resolved. The matter has been posted for hearing on August 6.

The court's decision is a significant development in the case, as it ensures that the content of Delta Corp's suspended Instagram accounts will be preserved until the dispute is resolved. This will allow the company to retain its digital presence and potentially recover its suspended accounts.

The case highlights the ongoing debate over social media companies' content moderation policies and their impact on businesses and individuals. Delta Corp's lawsuit against Meta is one of several cases that have been filed against social media companies in recent years, alleging arbitrary suspension of accounts and violation of users' rights.

The outcome of the case will be closely watched, as it could have implications for social media companies' content moderation policies and their treatment of users in India. The court's decision to preserve the content of Delta Corp's suspended Instagram accounts is a positive development for the company, and it remains to be seen how the case will unfold in the coming weeks.