Intra Moot Court Competition, 2018

Moot Proposition

Recently Indian Society has been grappled by a recent online phenomenon known as “Black
Mamba.” This is an online game between the administrator and the participant/victim
through the use of social media platforms like Face book, Instagram, Twitter etc. The
administrator surveys and learns about their victim-through their status updates, daily
postings, and even personal information they have available in their profiles and then
infects the system of potential victim by posting a malware which once opened by the
participant can give access, to the administrator, of all photos, videos, chats conversations,
mails and other secret information stored in the victim’s computer, smartphone, and other
digital devices and social media accounts. After identifying the victim and getting access to
all secret information’s, administrator invites the victims to play the game commonly
known as “Black Mamba”. It is a game where an administrator gives certain tasks to the
victims which require to be completed. If the victim refuses to play the game or is not able
to finish off the given task, the administrator publishes the secret information. In the game,
the administrator will set up a different task for the participant to do. The daily tasks start
off fairly easy like listening to certain genres of music to watching horror movies alone at
night. As the days pass on, the tasks grow increasingly difficult such as staying up until all
hours of the night to mutilating the skin by carving a ‘snake symbol’ onto their arm. The
final task and end to the game is the person committing suicide.

There have been reported incidents of severe mutilation of body parts and suicides by
victims of the similar game called “Blue Whale” in Russia, Brazil, China, Spain, and Chile.
Similar incidents of suicides and mutilation of body parts, where victims were found to

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carve the image of snake on their hands with blade, have been on increase with the game
called “Black Mamba” in India.

In this connection police has arrested Mrs. X who supposedly was the person behind the
administration of the game “Black Mamba.” However even after the arrest several suicide
games have been reported operating on the same lines.

Meanwhile the Government of India has issued exhaustive guidelines to apprise the public
about the fatal game. IT minister, Government of India has recently remarked that social
media platforms cannot remain mute spectators in the light of mob lynching due to
widespread circulation of fake news items on such platforms. He added that finding
technological solutions to identify mass-circulation of messages on a particular issue in a
particular area cannot be "rocket science" therefore they must remain accountable for such
mishaps.

On account of her refusal to play the “Black Mamba” A girl of 15 years of age had committed
suicide in Bombay (Popularly known as ‘Bombay Cyber Suicide’) after her private pictures
and chats were published on FB on 20.07.2018 which led to a lot of ridicule and derogatory
comments on Face book (FB). It is to be noted that the matter was reported to police on
23.07.2018 and police had filed a “Law Enforcement Online Request” with FB. Police had
also filed a case to issue a take-down notice for the instant removal of abovementioned
content. However before any action could be taken by the FB the girl had committed
suicide on 26.07.2018. Though FB had removed the content on 30.07.2018.

Mr. Y is an advocate practicing in the HC of Bombay. He in fact tried to contact the office of
FB, Twitter, Instagram to take down the links associated with “Black Mamba” back in
February, 2018 when this game was not this famous and few incidents of suicides were
considered as hoax on account of non availability of any reliable data with respect to the
associated deaths. After the ‘Bombay Cyber Suicide’ case, he was perturbed by the sheer
inaction of social media platforms and Government inaction in spite such overwhelming
evidences against the “Black Mamba”. Mr. Y filed a petition before the Supreme Court
challenging the constitutionality of the existing law on the liability of social media

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platforms with respect to such incidents. Petitioner made Union of India, Face book as
respondents alleging gross negligence on their part. Among others things he also made an
application to seek the direction of the court to make the persons posting/circulating such
content having knowledge of the contents rules and conditions of the game should be
treated as an abettor.

Among other arguments, FB rejected the contentions of the petitioner as not based on any
reliable data establishing the connection between the “Black Mamba” and such suicides.

Face book also contended that it’s a neutral platform which promotes freedom of speech
and expression. Even though it strongly condemns such action and is trying to do
everything it can to remove the content it cannot be made liable for gross negligence.

Upon hearing the preliminary contentions of the parties the Supreme Court has framed the
following issues.

1. Whether the present law regarding the liability of social media platforms is a bad
law and therefore unconstitutional?
2. Whether Facebook and other social media platforms can be made liable for gross
negligence due to their inability to act promptly to prevent the game from spreading
and consequently harming susceptible young children?
3. Whether the persons posting/circulating games like “Black Mamba” could be made
liable for abetment of suicide?
4. Whether Facebook and other social media platforms would be liable for failing to
protect the data of their users from administrators who get the access to such data
from them?

NOTE:

1. Participants stand advised to devise a “litigation strategy”. The issues can be argued
in alternative/without prejudice, be divided into sub-issues, and can be added to or
amended upon. It is permissible to concede issue(s) at the time of oral arguments

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 subject, however, to appropriate explanation readily available on the query of the
bench. However, the written submissions must address all the issues.
2. Citations should not be without actual Para/page references. Unnecessary citations
and passim references are to be avoided. In case of oral arguments, primary
references for all materials being referred to, is mandatory.
3. The moot problem is the way it is, with full application of the principle of “as is,
there is...whatever where is”.
Drafted by- Shashank Shekhar and Sandeep Nagotra

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