Thiruvananthapuram (Kerala) [India], December 19 (ANI): Leader of the Opposition (LoP) in the Kerala Assembly V D Satheesan on Friday wrote to Meta, the parent company of Facebook, opposing police instructions to remove links to the parody song ‘Pottiye Kettiye’ from social media.
In the letter, Satheesan said removing the song without a court order would violate fundamental rights.
He wrote, “I write to bring to your attention on the reports indicating that the State Police of Kerala, Union of India, has approached social media platforms, including those operated by Meta, seeking the removal of links to a song titled ‘Pottiye Kettiye’, which has been circulated online in connection with the alleged gold theft at the Sabarimala Temple in Kerala.”
The Opposition Leader said the Cyber Police of Thiruvananthapuram have registered a case regarding the creation and circulation of the parody song.
Satheesan noted that there is currently no “judicial verdict” or legal order requiring the content to be removed, which he said violates “freedom of speech and expression”.
“However, it is important to note that, as of date, there is no judicial verdict, court order, or statutory direction mandating the takedown of this content. The Supreme Court of India has consistently held that the right to freedom of speech and expression cannot be curtailed unless a clear and legally established violation of law is demonstrated,” the letter said.
He argued that parody and satire are protected forms of free expression, and any restriction must follow “lawful and judicially sanctioned means”.
“In a democratic society governed by the rule of law, any restriction on speech, particularly artistic expressions such as parody or satire, must strictly adhere to due process. Parody and satire are well-recognised forms of expression protected under the constitutional guarantee of free speech, subject only to reasonable restrictions imposed through lawful and judicially sanctioned means,” the letter stated.
It added, “Administrative or police requests, in the absence of a competent court order, should not form the basis for content removal, as such actions may amount to prior restraint and set an unhealthy precedent for censorship. Such measures would also risk causing irreparable harm to the creators of the content.”
Satheesan, in his letter, also requested Meta not to remove or restrict access to the song unless a court issues a clear directive.
“In these circumstances, I respectfully request Meta to refrain from removing or disabling access to links related to the said song unless and until a competent court of law issues a clear and specific directive to that effect, or unless, upon independent assessment, the content is found to be in clear violation of Meta’s Community Standards,” the letter read. (ANI)
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