US-based Facebook Inc, accused of hosting allegedly objectionable content, on Tuesday told a court in Delhi that the content on its website www.facebook.com is owned by its users while it is only an intermediary.
"Facebook Inc is an intermediary that acts as a host and permits its users to post their messages, photos, content and other information on www.facebook.com.
"The content on www.facebook.com is owned and controlled by users and Facebook Inc only acts as a host for such content on the Internet," the company said in a written statement filed before the court of Administrative Civil Judge Praveen Singh.
The company filed the statement in a suit filed by Mufti Aijaz Arshad Quasmi against it and other websites like Google, Youtube for hosting alleged objectionable content.
It also said the users of the website are the necessary parties to the suit as they post content on the site and as such the suit is not maintainable for non-joining of necessary parties.
It said it only allows users to post their content and share it with other users and sets privacy controls to protect such content but does not sell the same.
"Facebook Inc is an intermediary and merely provides services by hosting content and is, therefore, protected under the Information Technology Act.
"The present suit is not maintainable as facebook Inc is not liable for any third party information, data or communication link made available or hosted on its website www.facebook.com," it said in the statement.
It said the suit has been filed with a malafide intention.