Can’t Reveal Subodh Gupta Accuser’s Identity For Privacy: FB to HC

Facebook said that revealing details of the Instagram user would “risk violating the right to privacy”.

The high profile contemporary artists has called the claims “entirely false and fabricated”.

(Photo Courtesy: Twitter)

Facebook Inc has moved an application in Delhi High Court to modify its order where it directed the company to reveal the identity of the Instagram account holder who posted accounts of alleged sexual harassment by contemporary artist Subhodh Gupta.

According to The Indian Express, Facebook said that such an act would “risk violating the right to privacy” and negatively impact those who have been sharing accounts of sexual harassment.

“Such a direction would chill lawful speech and expression, dissuading not only sexual harassment victims from sharing their experiences in the future, but also whistleblowers from reporting such unlawful acts,” the report quoted Facebook as saying in its application.

Subodh Gupta had alleged that the content posted by Instagram handle “Herdsceneand” was defamatory in nature and had moved the Delhi HC seeking its removal.

The High Court in its turn had directed for the content to be taken down, the URLs to be blocked and Facebook to reveal the identity of the individual behind the account to the court in a sealed envelope.

However, citing Articles 14, 19 and 21 of the indian Constitution, Facebook’s application urged on the importance of the fundamental Right to Privacy and said it should not be compelled to share the required information.

It also said it would be wrong to assume that the content was put up to create mischief especially since it talks about a serious issue like sexual harassment.

Revealing the identities might bring harm to potential survivors and also dissuade others from opening up about sexual harassment, the notification said.