Interim Directions Issued to Meta Platforms and Google to Preserve Digital Content Relevant to Election Petition Under Sections 123(3A) and 123(4) of the Representation of Peoples Act, 1957
In a significant development concerning electoral integrity, the Kerala High Court has issued interim directions to prominent online platforms, including Meta Platforms (Facebook) and Google (YouTube), to preserve specific digital content linked to an ongoing election petition alleging corrupt practices. The order, delivered on September 9, 2026, arises from Election Petition No. 6 of 2026 filed by petitioner C.H. Rasheed against respondent N.K. Akbar and others.
The petitioner has accused the respondent of engaging in corrupt practices by publishing objectionable materials such as pamphlets and videos on public portals like Facebook and YouTube, purportedly violating Sections 123(3A) and 123(4) of the Representation of Peoples Act, 1957. These provisions relate to corrupt practices during elections, including publication of false statements or appeals on grounds of religion or caste.
Upon prima facie examination of the petitioner's averments and supporting affidavits, Justice Harisankar V. Menon found sufficient grounds to issue interim directions aimed at safeguarding crucial electronic evidence necessary for investigation and adjudication.
The Court directed the Grievance Officers and authorized representatives of Meta Platforms and Google LLC to preserve a wide array of digital data associated with specific Facebook pages and accounts, as well as YouTube channels and videos. This includes original uploaded images and videos, upload logs, account and page activity records, edit and deletion histories, page administrator details, timestamps, metadata, audit logs, server records, content identifiers, engagement statistics, comments, reactions, shares, and other electronically stored information.
Specifically, the preservation order covers:
- - The Facebook page "NK Akbar MLA" from March 16, 2026, to May 4, 2026.
- - The Facebook account "Sumesh C" and related posts within the same period.
- - The Facebook page "CPIM Chavakkad AC" and specified posts during the relevant timeframe.
- - A video on the YouTube channel "@VikasanaRekha26" accessible via a provided URL.
The Court emphasized that these materials are vital for the petitioner's case and must be maintained intact until further orders. Furthermore, the petitioner has been authorized to communicate this order to the respective online entities via email to ensure compliance.
This interim relief underscores the judiciary's proactive stance in addressing the challenges posed by digital media in electoral disputes. It also reflects growing recognition of the critical role that electronically stored information plays in establishing facts in election-related litigations.
The matter is scheduled for further hearing on October 23, 2026, where the Court will consider the substantive issues raised in the election petition.
Bottom Line:
Election petition alleging corrupt practices under Sections 123(3A) and 123(4) of the Representation of Peoples Act, 1957 - Interim direction issued to online platforms to preserve specific contents and information uploaded on social media and video-sharing platforms for investigation and adjudication.
Statutory provision(s):
Representation of Peoples Act, 1957 Sections 123(3A), 123(4)
C.H. Rasheed v. N.K. Akbar, (Kerala) : Law Finder Doc Id # 2975242
