The disagreement between Twitter and the government regarding inappropriate measures after removing/censoring content on the platform has intensified in the past year.In response to the development, Rajeev Chandrasekhar, Minister of Electronics and IT, expressed in a tweet, “In India, all foreign intermediaries/platforms, along with others, have the right to access justice and judicial review.
However, it is equally the explicit responsibility of all intermediaries/platforms operating here to adhere to our laws and regulations.
Twitter and government in long battle over removal of content on platform :-
The past year has seen an intense battle between Twitter and the government regarding the removal/censorship of content on the platform. Last year, Twitter expressed concerns over the use of “intimidation tactics” and “potential threats to freedom of expression” in India, while the government accused such statements of attempting to defame the country.
Indicating towards the problematic nature of current restrictive orders, the aphorism stated that these orders are “overbroad and arbitrary, failing to provide notice to content creators and often being disproportionate in many cases.”
The aphorism mentioned that certain accounts and content may be related to political material that is posted by official handles of political parties, and blocking such information infringes upon the guaranteed freedom of expression for the citizens-users of the platform.
Violation of user rights under the constitution :-
“Furthermore, the content of this issue does not have any direct correlation under Section 69A. Several blocking orders issued to Twitter merely cite references to Section 69A but fail to demonstrate how the content falls within the purview of those provisions or how it violates Section 69A,” the source said.
The source stated that blocking accounts is an arbitrary measure and a disproportionate response that infringes upon the rights of users under the constitution, especially when the specificity is lacking in the reasons for blocking and only make reference to Section 69A.
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Twitter seeks judicial review of some content :-
As per the source, the Delhi High Court has stated in various filings that if only certain parts or content are illegal, the platform can proportionately take action to remove such alleged information and should not suspend the user account entirely. MeitY itself has noted that completely deleting the user account should be a last resort.
The source said, “Twitter has requested the judicial review of certain content, which is part of various restraining orders based on these grounds, and has sought relief from the court to separate these restraining orders.”
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