Twitter launches legal challenge against centre over orders to block content

Twitter has initiated legal action against some of the Government of India missives ordering it to take down certain content posted on the microblogging sites.

Key highlights

Alleging disproportionate use of power by officials, the social media company moved the Karnataka High Court on July 5 against the Ministry’s content-blocking orders issued under Section 69 (A) of the Information Technology Act, 2000.

The IT Ministry had written to Twitter, asking it to comply with its orders by July 4 or lose its safe harbour protection under the intermediary rules.

  • Section 69 (A) of the IT Act, 2000 allows the Centre to issue blocking orders to social media intermediaries “in the interest of sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognisable offence relating to above”.
  • As per rules that govern these blocking orders, any request made by the government is sent to a review committee, which then issues these directions. Blocking orders issued under Section 69 (A) of the IT Act are typically confidential in nature.

Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021

  • Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 mandated firms have to appoint a grievance officer and disclose the first originator of the mischievous information and remove it within 36 hours.
  • The rules said content depicting nudity or morphed pictures of women needed to be removed within 24 hours.
  • The rules make a distinction between social media intermediaries and significant social media intermediaries that have a large number of users.
  • Social media intermediary and significant social media intermediary should prominently publish on their site or app the rules and regulations and privacy policy and user agreement for access or usage.

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