On Friday (June 30), the Karnataka High Court dismissed a petition filed by Twitter, challenging the directive of the Union government to take down 39 URLs between February 2021 and 2022. It also imposed a cost of ₹50 lakhs on the social media platform.
The matter was heard by Justice Krishna S Dixit of the Karnataka High Court. Twitter argued that the government cannot issue ‘general orders’ to block social media accounts and that such orders must be backed with reasons for communication to the affected users.
The social media giant suggested that if blocking orders are not accompanied by reasons, then, the Indian government could ‘manufacture’ them at a later stage. It also claimed that the nature of the flagged content must be in line with Section 69 of the Information Technology Act.
The petition filed by Twitter Inc, challenging the blocking orders issued to it by the Ministry of Electronics and Information Technology under Section 69A of the Information Technology Act has been dismissed by the High Court of Karnataka. pic.twitter.com/yULAx2LTzf
— ANI (@ANI) June 30, 2023
It also alleged that account-level blocking by the Indian government is supposedly a ‘disproportionate measure’, which somehow violates the rights of users as ensured by the Indian Constitution.
The Union government argued that Twitter has no locus standi on the platform and that it cannot speak on behalf of the account holders. It pointed out that the social media giant is a foreign company and that the directives of the government were not arbitrary.
It stated that Twitter thus cannot seek refuge in fundamental rights, as guaranteed to Indian citizens under Article 14 and Article 19 of the Indian constitution.
The Union government had directed Twitter to block 175 tweets and 1474 accounts in total between February 2021 and 2022 in both national and public interest and prevent incidents of mob violence and lynching. The social media giant had challenged the blocking of 39 URLs in total.
All platforms hv to be in compliance with Indian law n @Twitter under @jack repeatedly refused to do so. In response to @GoI_MeitY 's notice for non-compliance they approached Karnataka High Court n judgement 👇🏻
— Rajeev Chandrasekhar 🇮🇳 (@Rajeev_GoI) June 30, 2023
✅Karnataka High Court has dismissed the petition filed by…
The government has expressed its commitment to providing safe and accountable internet to Indian citizens. It stated that it has limited scope when it came to blocking information.
Justice Krishna S Dixit reserved the judgment in the order on April 21, 2023, after hearing both parties. On Friday (June 30), the Karnataka High Court noted that Twitter is a billionaire company and not a farmer/ ordinary person, who is unfamiliar with the law.
It upheld that the Centre has the power to direct Twitter to block both tweets and individual accounts. The court also stated that the social media giant did not provide reasons for not complying with the blocking orders of the Union government in a timely fashion.
Justice Dixit imposed a cost of ₹50 lakhs on Twitter, which is to be paid to the Karnataka State Legal Services Authority within 45 days. While dismissing the petition, he added that an additional cost of ₹5000 per day will be levied for delay in making the payment.
