IT Act Sec 69A: when social media content is blocked, and Twitter lawsuit

• Twitter has sought a legal review of multiple notices issued to it by the Indian government to take down content.

Recent developments

• Twitter moved to Karnataka HC against MeitY’s content-blocking orders issued under Section 69(A) of IT Act, 2000.
• Section 69(A), IT Act, 2000: empowers central government to block the online content and arrest the culprit.

Why Twitter challenged the government?

• Procedurally and substantively deficient orders
• Many blocking orders are deficient under Section 69(A) of the Act.
  • Eg: they demonstrate excessive use of powers and are disproportionate.
  • In several cases there are demands for entire accounts to be blocked.
• Against freedom of speech
• Includes aspects such as not giving prior notice to users before taking down content posted by them.
• Blocking some of the information may be a violation of freedom of speech.
• Orders fail to establish a link with grounds under section 69A
• In some cases, content was sought to be blocked by only citing the grounds under section 69A of IT Act.
  • The Government has failed to provide a reason for blocking content.
• Orders are against the stand taken by the ministry of IT in Delhi HC
• The IT ministry in Delhi HC stated that only a part of content if unlawful should be taken down.
• Taking down a user account should be a last resort.

Central Government’s Response

• Countries across the world, including India, are moving towards making social media accountable.
• All internet intermediaries and platforms operating in India have to comply with the laws and rules of the country.

Who is an Intermediary?

• Intermediaries are entities that store or transmit data on behalf of other persons.
• Eg: Telecom and internet service providers, online marketplaces, search engines, and social media sites.
• IT Act, 2000 was amended in 2008 to provide an exemption to intermediaries from liability for any third-party information.
• IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 mandated social media companies to appoint India-based resident grievance officers as ‘intermediaries’ who enjoy legal immunity from third-party content on their platform.
• Responsibility: Overseeing grievance redressal mechanism of complaints from the people who use their services.