The Government on Tuesday directed Twitter to comply with its order to remove contents/accounts related to farmer genocide hashtags, and warned that the microblogging platform may face “penal action” for non-compliance of its order.
The Ministry of Electronics and IT (MeitY) served notice to Twitter for ignoring its order and unblocking the handles after 24 hours.
Ministry officials said that Twitter had unilaterally unblocked accounts and tweets despite specific orders for blocking them. Twitter is an ‘intermediary’ and is obliged to obey the direction of Government. They said that the platform may face penal action for not complying with Government orders. The Government notice quoted more than half a dozen Supreme Court judgments, including of constitutional benches as to what is public order and what the rights of authorities are.
In its notice IT Ministry asserted that Twitter cannot assume the role of court and justify non-compliance. The Ministry had recently directed Twitter to block around 250 tweets/Twitter accounts that were making “fake, intimidatory and provocative tweets” on January 30 with hashtags accusing the Modi Government of planning farmers “genocide” without any substantiation.
The 18-page notice stated that the “impracticability or the disproportionality of the said measure cannot be decided (by) Twitter which is an intermediary bound by the orders of the Central Government.”
Around 100 Twitter accounts and 150 tweets related to the farmers’ protests went off the microblogging platform on Monday morning as the IT Ministry directed Twitter to remove these accounts under Section 69A of the Information Technology Act. However, the accounts were unblocked late Monday night after a meeting with IT Ministry officials.
Rules under 69A of the IT Act are used often in Government-mandated Internet takedowns. The rules allow the government to block public access to information from a computer “in the interest of sovereignty and integrity of India, defence of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above.’
Thursday, 04 February 2021 | PNS | New Delhi
