Mumbai, July 6: The Bombay High Court has directed Meta Platforms Inc. to preserve the content of eight suspended Instagram accounts belonging to gaming and hospitality company Delta Corp until the dispute over their suspension is decided.
Court Grants Interim Relief
Justice Abhay Ahuja passed the interim order on July 2 while hearing a suit filed by Delta Corp, which has challenged Meta's decision to suspend its official Instagram handles in April. The company has alleged that the action was taken without any prior notice or explanation and was arbitrary.
Delta Corp, owned by businessman Jaydev Mody, operates casinos in Goa and Sikkim and describes itself as the country's only publicly listed company in the regulated casino gaming sector.
The company has argued that Meta failed to follow its own enforcement framework, which provides for graded action and notice before disabling accounts. It also claimed that while its official accounts were suspended, fake pages allegedly impersonating the "Deltin" brand continue to remain active on Instagram.
Content Preservation Ordered
Delta Corp's counsel informed the court that after the suit was filed, Meta had suspended one more official Instagram handle. 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.
Meta, however, 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.
Delta Corp 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. The company maintained that its Instagram handles were used only to share business updates, hospitality offerings, and guest experiences.
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Matter Posted For Hearing
Justice Ahuja asked Meta whether it could simply undertake not to delete the content without referring to any rule. Meta expressed reservations, stating that its reply would explain why Rule 3(1)(b) applied.
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.
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