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SC says Facebook has potential to polarise public debate

The bench held that for intermediaries to say that they can sidestep this criticism is a fallacy, as they are right in the centre of these debates…reports Asian Lite News.

The Supreme Court on Thursday said Facebook has the “power of not simply a hand but a fist, gloved as it may be”, as these platforms employ business models having potential to polarise public debates.

A bench comprising Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy said: “These platforms are by no means altruistic in character but rather employ business models that can be highly privacy intrusive and have the potential to polarise public debates.

“Facebook has the power of not simply a hand but a fist, gloved as it may be.”

These platforms have become power centres themselves, having the ability to influence vast sections of opinions, it added.

The bench observed that developments around the world reflect rising concerns across borders. “The concern is whether the liberal debate which these platforms profess to encourage has itself become a casualty,” it said in its 188-page judgment.

The bench held that for intermediaries to say that they can sidestep this criticism is a fallacy, as they are right in the centre of these debates.

“It has to be noted that their platform has also hosted disruptive voices replete with misinformation. These have had a direct impact on vast areas of subject matter which ultimately affect the governance of states,” it observed.

In this modern technological age, it would be too simplistic an intermediary like Facebook to contend that they are merely a platform for exchange of ideas without performing any significant role themselves – especially given their manner of functioning and business model, it stressed.

The bench observed that governments have expressed concern for necessity of greater accountability by these intermediaries which have become big business corporations with influence across borders and over millions of people.

It said algorithms, which are sequences of instructions, have human interventions to personalise content and influence opinions as part of the business model.

“As such, their primary objective is to subserve their business interests. It is first a business and then anything else. As per their own acknowledgement, they would only appear before any committee if it served their commercial and operational interests, as it did when they appeared before the parliamentary committee. But if their business interests are not served, they seek a right to stay away,” said the bench, stating this is completely unacceptable.

Facebook today has influence over a third population of this planet. In India, Facebook claims to be the most popular social media with 270 million registered users.

The bench said the business model of intermediaries like Facebook, being one across countries, they cannot be permitted to take contradictory stands in different jurisdictions. For example, in the US, Facebook projected itself in the category of a publisher, giving it protection under the First Amendment of its control over the material disseminated on its platform. This identity allowed it to justify moderation and removal of content.

“Conspicuously in India, however, it has chosen to identify itself purely as a social media platform, despite its similar functions and services in the two countries,” noted the bench.

The court’s judgement came on a writ petition filed by Facebook’s Vice President Ajit Mohan, challenging validity of the summonses by the Delhi Assembly’s panel in connection with Delhi riots. The Peace and Harmony Committee, headed by AAP MLA Raghav Chadha, was formed on March 2, 2020, following the Delhi riots, issued the summons as “serious questions have been raised on the role of Facebook platform as a mechanism to disseminate hate and divisiveness”.

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-Top News Social Media

No interim protection for Twitter: Delhi HC

The court added that it is open to Centre to take action against Twitter in case of any breach of the rules, as it adjourned the hearing in the matter till July 28…reports Asian Lite News.

The Delhi High Court on Thursday said that there is no interim protection for Twitter and the Centre is free to take any action if the micro-blogging site breaches the new IT rules.

A bench of Justice Rekha Palli said: “It is made clear that since this court has not passed any interim order, this court has granted time to Respondent No 2 (Twitter Inc) to file affidavit, no protection is granted.”

The court added that it is open to Centre to take action against Twitter in case of any breach of the rules, as it adjourned the hearing in the matter till July 28.

Senior advocate Sajan Poovayya, appearing for Twitter, submitted that it was not seeking any protection either. He added that the consequence of non-compliance is that the protection to intermediaries falls off and added he would get notarised affidavit from the US, and it would require some time.

The court also granted two weeks’ time to Twitter for filing a notarised affidavit of a competent official of Twitter Inc.

The court was informed by Twitter’s counsel that an interim chief compliance officer (CCO) has been appointed, which will be followed by an interim resident grievance officer (RGO) by July and interim nodal contact officer will be appointed within two weeks.

On July 6, the high court had directed Twitter to inform it by July 8, when it will appoint an RGO in compliance with the new IT rules.

The court said the usage of “interim” would not lessen the responsibilities imposed on these officers to ensure compliance with the new IT Rules. Poovayya contended that since Twitter was in the process of setting up a liaison office in India, it could not appoint “permanent employees”. He clarified that interim does not take away the responsibility of the officer under the rules.

Earlier, Twitter has informed the Delhi High Court that it will take eight weeks to appoint an RGO and a CCO in compliance with the new IT Rules, and it is in a process of setting up a liaison office in India, which will be its permanent physical contact address. However, Twitter said it reserves the right to challenge the new IT Rules.

ALSO READ-Complaint against Twitter, Swara Bhaskar, Arfa Khanum

READ MORE-Twitter India interim grievance officer quits

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Education India News

Class 12 optional exams between Aug 15-Sep 15: CBSE

The top court had suggested developing a dispute resolution mechanism, the CBSE said, disputes regarding computation of results will be referred to a committee constituted by the board…reports Asian Lite News.

The CBSE on Monday informed the Supreme Court that the optional examinations for Class 12 students, unsatisfied with its assessment criteria, would be held between August 15 to September 15. The exams would be conducted if the environment is conducive in the backdrop of the ongoing Covid-19 pandemic.

The CBSE in an additional affidavit said: “Regarding the date before which the optional examination for the candidates who are not satisfied with their assessment with the policy, the examinations for such candidates shall be conducted any time between August 15, 2021, to September 15, 2021, subject to conducive situation.” The board added that the examinations for private, patrachar and compartment would be conducted in such a manner so that they will fall within the assessment policy for the academic year 2019-2020.

The board said the policy for tabulation of marks for Class 12 Board Examination 2021 has been formulated by the CBSE to ensure standardisation of marks, as marks of Class 11 and 12 components will be awarded at school level. “Therefore, they will strictly not be comparable across schools due to variations in the quality of question papers, the evaluation standard and processes, the mode of conduct of exams, etc.,” added the affidavit.

The top court had suggested developing a dispute resolution mechanism, the CBSE said, disputes regarding computation of results will be referred to a committee constituted by the board.

“After declaration of result by July 31, if the candidates are not satisfied, CBSE will provide online facility for registration for the examination. Examination will be conducted by the board only in the main subjects as and when conditions are conducive for holding the examinations,” said the affidavit. And added, the marks obtained by a candidate in this examination will be treated as final.

The CBSE added that to ensure standardisation, each school will have to internally moderate the marks to account for the school level variations by using a reliable reference standard as provided in the policy. “This is necessary in the interest of fairness and to ensure that the marks allocated are comparable and there is no adverse impact or undue gain for any student because of the methodology/process of evaluation used by the individual school,” added the affidavit.

On Monday, a bench headed by Justice A.M. Khanwilkar agreed to hear on Tuesday a plea for holding physical examinations for Class 12. The CBSE after the cancellation of Class 12 examination, developed an assessment process with theory and practical components.

On June 17, the CBSE had said for Class 12, marks based on unit test/mid-term/pre-board exam will have 40 per cent weightage; Class 11, marks based on theory component of final exam will 30 per cent weightage; and Class 10, marks based on average theory component of best three performing subjects out of main 5 subjects will have 30 per cent weightage. The CBSE informed the top court that results for Class 12 exams will be declared by July 31.

ALSO READ-CBSE, ISC Plus Two Exams Cancelled

READ MORE-CBSE Class 12 results by July 31

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-Top News Dubai UAE News

Dubai court appoints experts to oversee Arabtec’s liquidation

The decision was taken after the court appointed a panel to analyse the bankruptcy application….reports Asian Lite News

Arabtec Holding’s bankruptcy plea has been accepted by a Dubai court. The construction company behind iconic structures such as the Burj Khalifa and the Louvre Abu Dhabi, had submitted a petition to the court, following the company’s former group CEO Wail Farsakh’s resignation in February 2021.

The decision was taken after the court appointed a panel comprising seven experts to analyse the bankruptcy application.

In a statement to Dubai Financial Market (DFM) on Monday, the company said that the court has appointed a trustee for each entity, to publish the bankruptcy decision of each one, review its debts, deposit a list and a record of its creditors and “conduct all the procedures stipulated under the Bankruptcy Law within 35 days from the date of the appointment notification”, reported Arabian Business.

@DubaiCourts

Arabtec Holding’s subsidiaries include – Arabtec Construction, Austrian Arabian Readymix Concrete Co. LLC, Arabtec Precast LLC, Arabtec Constructions LLC and Emirates Falcon Electromechanical Co. (EFECO LLC).

While on December 17, the company, which was valued at about AED30 billion ($8.17bn) at its peak in 2014, said it and some of its subsidiaries had filed for insolvent liquidation pursuant to the resolutions of its shareholders on September 30 and November 30.

The court has scheduled the next hearing for July 26 to follow up on the procedures taken by the trustees.

Arabtec shareholders had authorised the board of the Dubai-listed construction company to file for liquidation in September 2020. This was due to its untenable financial position following the fallout from the coronavirus pandemic.

ALSO READ: Dubai records real estate deals worth AED11.11 bn in May

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-Top News India News

Top court seeks suggestions on live streaming

In the letter, Justice Chandrachud said the right of access to justice, guaranteed under Article 21 of the Constitution, encompasses the right to access live court proceedings…reports Asian Lite News.

In a bid to begin live streamlining of court proceedings, the Supreme court’s e-committee has released the draft model rules inviting inputs, feedback and suggestions from all stakeholders.

Supreme Court Judge and Chairperson of e-Committee, Justice D.Y. Chandrachud has written a letter to all Chief Justices of the High Court, seeking inputs and suggestions on the draft model rules for live streaming and recording of court proceedings.

In the letter, Justice Chandrachud said the right of access to justice, guaranteed under Article 21 of the Constitution, encompasses the right to access live court proceedings.

Justice Chandrachud

“To imbue greater transparency, inclusivity and foster access to justice, the e-committee has undertaken the project of live streaming of court proceedings on priority,” said a statement.

The statement added that this will enable access to live court proceedings, including on matters of public interest to citizens, journalists, civil society, academicians and law students on a real time basis, which was not otherwise possible owing to geographical, logistical or infrastructural issues.

A sub-committee consisting of judges of the Bombay, Delhi, Madras and Karnataka High Courts was constituted to frame model live streaming rules.

The committee held extensive deliberations and took into account the principles enunciated in the decision of the Supreme Court in Swapnil Tripathi v Supreme Court of India (2018).

The top court decision included the concerns of privacy and confidentiality of litigants and witnesses, matters relating to business confidentiality, prohibition or restriction of access to proceedings or trials stipulated by Central or state legislation and in some cases, to preserve the larger public interest owing to the sensitivity of the case. The draft model rules are now available on website of the e-committee.

“Suggestions and inputs on the Draft Model Rules for Live-Streaming and Recording of Court Proceedings can be sent in the following email ID ecommittee@aij.gov.in on or before June 30, 2021,” added the statement.

The e-committee of the Supreme Court, along with the Department of Justice, is working under the National Policy and Action Plan for implementation of Information and Communication Technology (ICT) in the Indian Judiciary.

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India News

Madras HC turns heat on EC for second Covid wave

The minister had petitioned the court seeking direction to the Election Commission to follow a slew of measures in ensuring fairness during the counting of votes on May 2 for Karur constituency…reports Asian Lite News.

Lashing out against the Election Commission, the Madras High Court on Monday termed it “the most irresponsible institution in the country” and should probably face murder charges for not preventing parties from breaching Covid-19 protocols during campaigning during the Assembly elections.

It also warned of stopping the counting process on May 2 unless proper plans were drawn up for the process.

A bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, while hearing a plea moved by Tamil Nadu Transport Minister M.R. Vijayabhaskhar, said: “You (EC) are the only institution responsible for the situation of Covid and should probably be put on murder charges for not preventing political parties from misuse of Covid 19 protocol.

Bengal heads for penultimate phase of polling

You have been singularly lacking any kind of exercise of authority. You have not taken measures against political parties holding rallies despite the court saying ‘Maintain Covid protocols, maintain Covid protocols’.”

The minister had petitioned the court seeking direction to the Election Commission to follow a slew of measures in ensuring fairness during the counting of votes on May 2 for Karur constituency where he had contested the elections as an AIADMK candidate. There were 77 candidates in fray at Karur constituency.

“We assure you that we will stop counting if we do not find before May 2 a blueprint on how proper maintenance of Covid protocol is assured so that this state does not succumb to the idiosyncrasies any further,” the bench said.

The Chief Justice also observed that public health is of paramount importance and that it was distressing to remind constitutional authorities on the counting and possibilities of a further surge after May 2.

Also Read-Penultimate phase of polling underway in Bengal

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-Top News Asia News USA

Biden picks Indian American as Washington judge

Biden has nominated Rupa Ranga Puttagunta to be a judge of the Superior Court of the District of Columbia, which is a local court for Washington…reports Asian Lite News

US President Joe Biden has nominated an Indian American to be a judge in the local court system of the nation’s capital after having withdrawn another’s nomination made by his predecessor Donald Trump.

The White House announced on Tuesday that Biden was nominating Rupa Ranga Puttagunta to be a judge of the Superior Court of the District of Columbia, which is a local court for Washington.

Last month, he withdrew the nomination of Vijay Shankar to a higher local court, the District of Columbia Court of Appeals, that Trump had made as one of a spate of last-minute appointments in January before his term was to end.

Shankar needed the Senate confirmation for his appointment, which he could not get with the Democrats getting control of it.

Puttagunta is now an administrative judge for the District of Columbia Rental Housing Commission dealing with landlord-tenant issues and rental housing regulations.

She had earlier represented the poor in criminal cases and worked with victims of domestic abuse, according to the White House.

Meanwhile, Biden has appointed a Pakistani American, Zahid N. Quraishi, to be a federal judge.

He would become the nation’s first Muslim federal judge if confirmed by the Senate.

Another Muslim, Abid Qureshi, was nominated by former President Barack Obama in 2016 to be a federal judge but the Senate did not act on his nomination before Trump took office and it lapsed.

The federal judgeship would be an elevation for Quraishi who is now a federal magistrate judge in New Jersey.

Also read:Biden reassures Americans again

Magistrate judges are appointed by the federal judges to assist them on matters like first appearances by the accused in criminal cases and setting bail. Unlike federal judges, they are not nominated by the President and confirmed by the Senate and, therefore, do not issue judgments or hear cases.

Quraishi is a former US Army captain who ad served in Iraq and has also worked as an assistant chief counsel in the Department of Homeland Security and as an assistant federal prosecutor.

Former US President Donald Trump(IANS)

The South Asian Bar Association welcomed their nominations, tweeting, “We are proud to see Judges Rupa Ranga Puttagunta and Zahid Quraishi on the list” of Biden’s judicial nominees.

The White House said that the nominations announced on Tuesday reflect Biden’s “intent to nominate highly-qualified candidates to federal courts that reflect his deeply-held conviction that the federal bench should reflect the full diversity of the American people — both in background and in professional experience.”

Biden, who has said that he would nominate an African America woman to the Supreme Court, named Ketanji Brown Jackson to be a judge on the Federal Appeals Circuit Court in Washington, which is considered the most important after the Supreme Court.

If she is confirmed, it would put her on a fast track to become the nation’s first African American woman on the Supreme Court if a vacancy occurs during Biden’s term.

Brown Jackson replaces Merrick Garland, who was Obama’s unsuccessful nominee for the Supreme Court and is now the attorney-general in the Biden administration.

Trump’s nomination of Shankar was not meant to be taken seriously as he had lost the election and was an attempt at asserting himself in the last days in office.

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