Indian authorities on Wednesday filed their first criminal complaint against Twitter after the tech giant lost legal protection in India for failing to abide by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. According to the new regulations, which were first made public on February 25 and came into effect from May 25, platforms identified as “significant social media intermediaries,” which have over 50 lakh registered users, will no longer be protected from the legal consequences of failing to adhere to the code.
The Print reported that the case was filed against Twitter in Uttar Pradesh for its failure to remove “misleading” posts by journalists and opposition leaders related to an alleged assault on an elderly Muslim man in Ghaziabad on June 5. As per reports, the man alleged that a group of men cut off his beard and forced him to chant “Vande Matram” and “Jai Shri Ram.” Police officials, however, said it was not a communal incident, as the six accused had attacked the man over fake talismans he had sold them. Consequently, Twitter was accused of failing to take down the posts that aimed to “provoke communal sentiments.”
Indian Minister of Communications and Information Technology Ravi Shankar Prasad stated that the criminal complaint was filed after “multiple opportunities” were awarded to Twitter to comply with the new IT Rules. He added that it was “astounding” that the platform lauds itself as a “flag-bearer of free speech” while failing to comply with the regulations and setting up mechanisms to address the grievances of its users. The minister accused Twitter of “arbitrariness in fighting fake news,” specifically in light of the power held by social media in India.
Losing its protection from legal liability for content on its platform is critical for Twitter. As a result of its failure to comply with the newly introduced rules, the tech giant can now be held responsible for “any third party information, data, or communication” on its platform, which opens the gate for civil and criminal cases.
Responding to the complaint, a spokesperson for Twitter said the platform has already appointed an interim Chief Compliance Officer, whose details will soon be shared with authorities. The spokesperson added that the platform would also update the government about the progress made to comply with the new rules.
The developments come amid an ongoing tiff between the Indian government and Twitter. In May, the Indian police visited the offices of Twitter in New Delhi to deliver a notice to the tech giant’s Managing Director in India, Manish Maheshwari, after a tweet by the Bharatiya Janata Party (BJP) spokesperson Sambit Patra was flagged as “manipulated media.” A day earlier, the Indian Information Technology Ministry called on all social media companies to take down content that refers to the B.1.617 strain of the COVID-19 virus as the “Indian Variant.” In letters addressed to the social media companies, the ministry stated that such miscommunication tainted India’s international image.
Moreover, in February, the Indian government criticised Twitter for failing to comply with its orders under Section 69A of the Information Technology Act, which called on the social media giant to take down 1,100 accounts for publishing “inflammatory content.” All these accounts have been accused of using the hashtag #FarmerGenocide and supporting the Khalistani separatist movement. In response, Twitter stated that the decision was made “in keeping with our principles of defending protected speech and freedom of expression.”
These developments have initiated a debate about the importance of freedom of expression on social media platforms and the responsibility of such companies to combat fake news. However, amid immense pressure from the Indian government, the social media platforms are likely to comply with the newly introduced laws, thereby increasing their monitoring of user content.
Twitter Loses Safe Haven in India Over Failure to Comply With New IT Rules
The Indian Minister for Information and Technology said that the decision to take back Twitter’s legal immunity was made after giving the tech giant several opportunities to comply with the new rules.
June 17, 2021
SOURCE: INDIAN EXPRESS