Mr. Alok Verma, a regular user of a popular online forum called ‘Bharat Discussions,’ recently participated in a live ‘Ask Me Anything’ (AMA) session with journalists from a digital media outlet, ‘Satya News.’ He posted a neutral, fact-based question to the journalists. To his surprise, the journalists did not answer his question, and moments later, he received a notification that he had been permanently banned from the ‘Bharat Discussions’ forum.

The reason provided for the ban was his past participation in a different, unrelated forum named ‘Indian Banter.’ Mr. Verma found this justification illogical, as his last activity on ‘Indian Banter’ was over a week ago. He feels the ban is arbitrary, a clear abuse of moderation powers, and an attempt to stifle free expression on a platform that uses the country’s name and has over three million members. Concerned about the power of such moderators to control narratives on a global scale, Mr. Verma is seeking to understand what legal or other actions he can take against the moderators for their unjustified actions.

Advice in such cases

Navigating an unfair ban from a private online platform can be frustrating. These platforms operate under their own Terms of Service, which users agree to upon signing up. These terms usually grant moderators wide discretion. While it feels like a violation of rights, the legal framework sees these forums as private spaces, not public utilities.

• Review the Platform’s Policies: Carefully read the Terms of Service and community guidelines of the platform. The moderators’ actions, however arbitrary they seem, might be permissible under these rules.
• Use Internal Appeal Mechanisms: Most social media platforms have a formal process to appeal a ban or moderation decision. This is often the most direct and effective first step. Present your case calmly and provide all relevant screenshots.
• Document Everything: Keep a record of all communications, including the question you asked, the ban notification, the reason given, and any appeals you make. Screenshots are crucial evidence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The legal situation for users banned from online platforms is complex and does not offer many direct remedies. The Constitution’s guarantee of free speech (Article 19) is primarily enforceable against the State, not private entities like a social media company or its volunteer moderators.

• Information Technology Act, 2000 & IT Rules, 2021: These laws govern intermediaries (the social media platforms). The platform has the right to create its own rules for content moderation. As long as their actions are consistent with their published terms and Indian law, they are generally protected. The IT Rules, 2021, mandate a grievance redressal mechanism, which is the primary legal recourse for a user.
• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Defamation: For an action to be defamatory, it must be a false statement that harms your reputation. Being banned from a forum or stating that you participated in another group is highly unlikely to meet the legal standard for defamation.
• Indian Contract Act, 1872: The Terms of Service you agree to form a contract between you and the platform. A lawsuit for breach of contract is theoretically possible but would be incredibly difficult, expensive, and time-consuming, with a low probability of success. You would need to prove that the platform violated its own terms and that you suffered quantifiable damages as a result.

If you are the complainant

If you believe you have been wronged by a platform’s moderators and wish to take action, your options are primarily within the platform’s ecosystem, with limited legal recourse.

• Formal Complaint to the Platform: Go beyond appealing the ban. File a formal complaint with the platform’s designated Grievance Officer for India, as required under the IT Rules, 2021. Detail the arbitrary nature of the ban and the moderators’ abuse of power.
• Gather Evidence: Compile all screenshots of the interaction, the ban notice, the stated reason, and the platform’s community guidelines which you believe were not violated by you, or were violated by the moderators.
• Public Awareness: Sometimes, raising the issue on other social media platforms can draw the attention of the company’s corporate team, potentially leading to a review of the case. However, be careful to state facts and avoid making defamatory statements yourself.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

Feeling victimized by the arbitrary power of anonymous moderators is a common experience. It is important to approach the situation methodically.

• Stay Calm and Objective: Do not engage in heated arguments or create new accounts to circumvent the ban, as this usually violates platform rules and can weaken your case.
• Focus on the Process: Your primary recourse is the platform’s internal grievance and appeal process. Follow it to the letter. Frame your appeal based on the platform’s own rules, showing how the moderators’ action was inconsistent with them.
• Understand the Limitations: Recognize that legal action is a last resort with a very low chance of success for a simple account ban. The time, effort, and cost involved are significant.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

The police are highly unlikely to intervene in a case involving a ban from a social media forum. An account suspension is a civil matter between the user and the private company that owns the platform. It does not constitute a cognizable criminal offense under the Bharatiya Nyaya Sanhita, 2023. If you approach a police station or a cyber cell, they will almost certainly inform you that they do not have jurisdiction and will likely advise you to use the platform’s support channels or seek a remedy in civil court.

FAQs people normally have

What evidence is required?

Should you decide to pursue the matter, either through the platform’s grievance mechanism or a civil suit, you will need to have thorough documentation. This includes:

• Screenshots of your original post or question.
• A screenshot of the ban notification message, including the reason cited by the moderators.
• Copies of the platform’s Terms of Service and community guidelines that were in effect at the time of the ban.
• A record of all your attempts to appeal the decision through the platform’s official channels.
• Any communication you have had with the platform’s support or moderators.

How long will the investigation take?

The timeline varies depending on the path you take:

• Platform Appeal: The platform’s internal review process can take anywhere from a few days to several weeks. The IT Rules, 2021, mandate that the Grievance Officer must acknowledge the complaint within 24 hours and dispose of it within 15 days.
• Police Investigation: As stated, a police investigation is not applicable in this scenario.
• Civil Lawsuit: If you were to file a civil case, the process is extremely lengthy. It could take many years for the case to be heard and decided by the courts.

Advocate Sudhir Rao, Supreme Court of India