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On July 5, Twitter moved the Karnataka High Court seeking to set aside multiple blocking orders of the Central government as well as to alter their directions to identify specific violative content rather than imposing a blanket ban on individual accounts.
What was the Issue?
Twitters claim for the complaint
- According to Twitter, the blocking orders were “procedurally and substantially” non-compliant with Section 69A of the Information Technology Act (IT Act).
- Not giving prior notice to users before taking down content posted by them.
- MeitY has failed to demonstrate how some of the content it wants taken down falls under the purview of Section 69 (A).
- Some of the content flagged by the ministry may pertain to official accounts of political parties, blocking which could be violative of the right to free speech.
What is Sec 69A of the IT Act?
- Under Sec 69A of the IT Act, Central government, represented here by MeitY, or any other specially-authorised officer, can issue blocking orders to platforms like Twitter under specific ground such as —
- Interest of sovereignty and integrity of India
- Defence of India
- Security of the state
- Friendly relations with foreign states
- Public order
- Preventing incitement to “commission of cognisable offence relating to the above”.
- Social media intermediaries failing to comply with the regulations are liable to be monetarily penalised along with an imprisonment term which may extend up to seven years.
- The mentioned legislations are to be read under the purview of Article 19 of the Indian Constitution guaranteeing freedom of speech and expression.
- However, Clause 2 of the article permits the state to impose ‘reasonable restrictions’ for the same reasons as those for Section 69A.
Pic Courtesy: Hindustan Times
Content Source: The Hindu