By Approaching the Karnataka High Court challenging several blocking orders of the Central Government on the material posted on its websiteTwitter, Inc. has finally decided to move forward on the issue of freedom of expression on the online platform. A cynical approach would regard this as an action taken under pressure – between February 2, 2021 and February 28, 2022, Twitter was issued instructions to block 1,474 accounts and 175 tweets in India, including electronics and information The technology ministry suggested in June that it was giving the company a last chance to comply with the directions. But an actual look at the challenge in court by the company — the 39 URLs uniquely in its petition — suggests that Twitter has a right to move on. Much of the content in these URLs deemed fit for removal is either journalistic or political in nature, or even dissenting. For example, some tweets were made by farmers and others during their agitation against agricultural laws. Twitter is also accurate in suggesting that the government has not complied with rules under the Information Technology (IT) Act, which call for a hearing of the author of the content other than an arbitrator before any removal action can be taken. The provision of these rules was one of the major reasons why the Supreme Court upheld the constitutionality of section 69A of the IT Act (in Shreya Singhal v Union of India, 2015), which empowers the government to restrict access to online content. gives. In the interest of sovereignty and integrity of the country, security of the state, friendly relations with foreign states or public order. It is quite clear that the central government has used public order and national security logic extensively to demand that internet platforms like Twitter remove content or take down profiles, even if they only constitute political dissent. Or not be connected remotely. For the reasons given herein.
The Internet and telecommunications system has become much more massive than when the IT Act was enacted in 2000. To expand the scope of regulations to new forms of intermediaries that have emerged since then, the government has recently come together. The Information Technology (Intermediate Guidelines and Digital Media Code of Conduct) Rules, 2021, which adds important requirements such as traceability of online interactions and weighted new inspection functions, apart from bringing in obligations for accountability from social media companies and platforms. in favor of the government. Twitter’s case in the Karnataka High Court should lead to more scrutiny of the rules and a clearer legislative debate on how to remake them in such a way that they do not affect the right to freedom of expression and privacy in the online space.