Kerala opposition leader VD Satheesan.
Credit: PTI Photo
Thiruvananthapuram: Leader of Opposition in the Kerala assembly V D Satheesan has written to Meta, which owns several social media platforms including Facebook, urging it not to remove any links to the parody song 'Pottiye Kettiye' which has stirred up the political waters in the state.
Satheesan's letter to the US tech company comes in the wake of the reported move by the police seeking the removal of the song's links from social media platforms.
In his letter to Meta, the Congress leader has pointed out that removal of the links in the absence of a court order is a violation of fundamental rights, a statement issued by his office on Friday said.
Satheesan has told the US company that as of date, there was "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," he pointed out.
The LoP contended that 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.
"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 said in his letter.
He has requested Meta to refrain from removing or disabling access to links of the parody 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 the social media platforms' community standards.
The parody of a popular devotional song dedicated to Lord Ayyappa makes references to the Sabarimala gold loss case and the alleged role of prime accused Unnikrishnan Potty in it.
The song, which was played by the UDF and the BJP in their campaign during the recent local body polls, has led to a case being registered against its writer and singer by the Cyber Crimes wing for allegedly "hurting religious feelings".
The move has invited severe criticism from the Congress-led UDF, which has termed the police action "an encroachment upon artistic freedom" and promised all legal and political support to the artists behind the song.
The opposition also criticised Chief Minister Pinarayi Vijayan for allowing the police to register the case and accused the Left government of playing the same games and walking the same path as the Sangh Parivar.