New Delhi: Twitter<\/a> India has filed a writ petition in the Karnataka High Court on Tuesday, challenging certain notices and content takedown orders issued by the Union government, people directly aware of the development told ET.

The legal move follows the expiry of the July 4 deadline requiring the American microblogging platform to comply with directives issued by the ministry of electronics & information technology (MeitY).

The social intermediary approached the courts as it found several of the blocking orders issued by the information technology ministry “overboard and arbitrary, failed to provide notice to originators of the content” and were “disproportionate in several cases,” according to sources who spoke on the condition of anonymity.

They declined to share the exact contents of the writ petition filed before the high court as the case is now sub-judice.

Seeking grounds for blocking
<\/strong>
“Several blocking orders that were issued only ‘cite’ the grounds of Section 69A (of the Information Technology (IT) Act 2000) but fail to demonstrate how the content falls within those grounds, or how the said content is violative of Section 69A,” said one of the people cited above.

In an exclusive report on June 29, ET said the
IT ministry<\/a> had issued a notice to Twitter<\/a> giving it a \"last chance\" to comply with all the notices and takedown orders issued under provisions of the IT Act or risk losing its intermediary status, and thereby, the protection accorded under Section 79 of the IT Act.

MeitY and Twitter did not respond to queries seeking confirmation on the latest developments.

Meanwhile, people in the know said Twitter’s contention is that in several cases, content flagged for takedown by MeitY is posted by official handles of political parties. “Blocking of such information would be violative of the freedom of speech guaranteed to users of the platform,” said a source.

Further, the microblogging platform holds the view that in some of the blocking orders, the
IT ministry<\/a> has used its powers “disproportionately” and “has not specified the exact reasons as to why it believed the content to be violative of Section 69 of the IT Act,” said one person who declined to be identified.

Compliance must
<\/strong>
Meanwhile, in a post on the microblogging platform on Tuesday evening, minister of state for electronics and IT Rajeev Chandrasekhar wrote, “In India, all incldng foreign Internet intermediaries\/platforms have right to court n judicial review. But equally ALL intermediary\/platforms operating here, have unambiguous obligation to comply with our laws n rules.”

In its notice to Twitter that was sent on June 27, the IT ministry pointed out that despite the non-compliance notices delivered on June 6 and 9, the
social media<\/a> intermediary had not responded, and therefore, the ministry was taking action as prescribed under the relevant section of the IT Act of 2000.

Officials in the know had then told ET that the notices were being sent to Twitter after the intermediary’s “repeated failures to act on the content takedown notices sent under Section 69A of the IT Act” as well as on “non-compliance notices issued for not taking the content down.”

Legal experts are of the view that Section 69 of the IT Act has been used by the government “often in violation of the provisions of the section, which mention limited grounds for blocking access to any information.”

“Often, users whose content is taken down, are also not informed, and this essentially goes against the rationale of the apex court in upholding the section and the rules in Shreya Singhal versus Union of India,” said Prasanth Sugathan, legal director of the Software Freedom Law Centre (SFLC.in), while referring to a ruling by a two-judge bench in 2015, on the issue of online speech and intermediary liability in India.

Big Tech’s regulatory run-ins
<\/strong>
The IT ministry’s warning on June 27 follows a series of run-ins that the US microblogging platform has had with Indian regulators in recent years.

In May 2021, when the IT Rules 2021 came into effect, MeitY issued a similar warning on the possibility of Twitter losing its intermediary status over non-compliance with regulations under the IT Act. It also directed the company to appoint a resident grievance officer, a resident chief compliance officer as well as a nodal contact person or risk losing the protection granted to it under Section 79 of the IT Act.

People aware of the thinking within the
social media<\/a> company pointed out that the IT ministry has itself said that “taking down users’ accounts should be the last resort and that platforms should take proportionate action of just removing the content or information alone only if the said content is illegal or unlawful.”

“Any account level blocking is a very disproportionate measure,” said one of the sources quoted above.

Tuesday’s legal challenge by Twitter will add to the list of petitions filed by social media intermediaries against one or more provisions of the Information Technology Rules of 2021 or the IT Act of 2000.

On May 25 last year, instant messaging platform WhatsApp approached the Delhi High Court challenging a provision under the IT rules — of tracing the originator of its messages. In the plea, WhatsApp said that since this would require it to break “end-to-end” encryption on its platform, it would end up infringing users’ fundamental right to privacy.

In a separate case last year, Twitter’s then India head Manish Maheshwari approached the Karnataka High Court, seeking to quash a summons issued to him by Uttar Pradesh police. The court had then ruled in Maheshwari’s favour and asked the police to question him virtually if needed.
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Twitter将HC对政府订单

法律行动之前,7月4日的最后期限期满要求美国微博平台符合指令下发电子与信息技术(MeitY)。

Aashish雅利安人
  • 更新于2022年7月6日08:13点坚持
阅读: 100年行业专业人士
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新德里消息:推特印度已经提交了再审的请愿书在卡纳塔克邦最高法院周二,挑战某些通知和联合政府发行的可拆卸的订单内容,人们直接意识到发展告诉等。

法律行动之前,7月4日的最后期限期满要求美国微博平台符合指令下发电子与信息技术(MeitY)。

社会中介走到法院,因为它发现的几个阻断订单信息技术部门颁发的“落水和任意,未能提供通知发起者的内容”,“不成比例的在一些情况下,根据不愿透露姓名的消息人士说。

广告
他们拒绝透露具体的文书内容的请愿书在高等法院案件现在是悬案。

寻求理由阻止

“几个阻止订单只发布了“引用”的第69节(信息技术(IT)法案2000)但不能证明内容属于那些理由,或者内容违反69条款是说,“上面所提到的一个人说。

在一次独家报告6月29日说这部门已经发布了一份通知吗推特给它一个“最后的机会”下发出的所有通知和可拆卸的订单符合规定的行为或失去它的中介地位,因此,保护下给予79条款的行为。

MeitY和Twitter并未对此事作出回应寻求确认的最新发展。

与此同时,人们在知道Twitter的论点是说,在一些情况下,内容标记为可拆卸的MeitY发布官方处理的政党。“屏蔽这些信息将违反的言论自由,保证用户的平台,”一个来源说。

此外,微博平台拥有阻塞的观点,在某些订单,这部门利用自身权力“不成比例”和“未指定确切的原因为什么它认为的69条款的内容是违反的行为,”一位不愿透露姓名的人说。

广告
合规必须

同时,周二晚上在微博平台上的一篇文章中,电子和它Rajeev部长钱德拉塞卡写道,“在印度,所有incldng外国互联网中介/平台有n法院司法审查的权利。但同样所有中介/平台操作,有明确的义务遵守我们的法律n规则。”

在注意到Twitter发送6月27日,外交部指出,尽管不符合通知6月6日和9日社交媒体中介没有回应,因此,铁道部规定采取行动是在2000年的相关部分的行为。

官员知道然后告诉ET,通知被发送到Twitter在中介”一再失败行动内容可拆卸的通知发送69条款下的行为”以及“不把不符合通知发布内容。”

法律专家认为,69条款的法案已经被政府“经常违反的规定部分,提到有限的理由阻止访问任何信息。”

“通常,用户的内容是撤下,也不知情,这是违背法院在维护部分的原理和规则在印度的Shreya Singhal与联盟,“说Prasanth Sugathan,软件自由法律中心的法律总监(SFLC.in),而指的是2015年裁决由两名法官组成的长椅上,网络言论的问题和在印度中介责任。

大型科技股的监管的口角

IT部门的警告6月27日之前一系列的口角,美国微博平台已经与印度近年来监管机构。

2021年5月,当规则2021年生效,MeitY发出了类似的警告在Twitter丧失中介地位的可能性不遵从法规根据它法。它还要求公司任命一位居民不满官,首席合规官居民以及节点接触人或失去保护授予它79条款下的行为。

人们意识到思考中社交媒体公司指出,铁道部本身说,“取下用户的账户应该是最后的手段,平台应该采取适当的措施只是删除内容或信息只有在说内容是非法的或非法的。”

“任何帐户级别阻塞是一个非常不成比例的措施,“说上面引用的来源之一。

周二的法律挑战,Twitter将添加到列表提交的请愿书社交媒体对一个或多个中介机构信息技术规则的规定2021年或2000年的《它》。

去年5月25日,即时通讯平台WhatsApp靠近德里高等法院挑战的规则——下一个条款跟踪消息的发起者。请求,WhatsApp说,这将需要它打破“端到端”加密平台,它最终将侵犯用户隐私的基本权利。

去年在一个单独的案件,Twitter的那头Manish Maheshwari走近印度卡纳塔克邦最高法院,试图平息北方邦警方传唤发给他。然后法院有利于Maheshwari的裁决,要求警察问他如果需要。

  • 发布于2022年7月6日07:58点坚持

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New Delhi: Twitter<\/a> India has filed a writ petition in the Karnataka High Court on Tuesday, challenging certain notices and content takedown orders issued by the Union government, people directly aware of the development told ET.

The legal move follows the expiry of the July 4 deadline requiring the American microblogging platform to comply with directives issued by the ministry of electronics & information technology (MeitY).

The social intermediary approached the courts as it found several of the blocking orders issued by the information technology ministry “overboard and arbitrary, failed to provide notice to originators of the content” and were “disproportionate in several cases,” according to sources who spoke on the condition of anonymity.

They declined to share the exact contents of the writ petition filed before the high court as the case is now sub-judice.

Seeking grounds for blocking
<\/strong>
“Several blocking orders that were issued only ‘cite’ the grounds of Section 69A (of the Information Technology (IT) Act 2000) but fail to demonstrate how the content falls within those grounds, or how the said content is violative of Section 69A,” said one of the people cited above.

In an exclusive report on June 29, ET said the
IT ministry<\/a> had issued a notice to Twitter<\/a> giving it a \"last chance\" to comply with all the notices and takedown orders issued under provisions of the IT Act or risk losing its intermediary status, and thereby, the protection accorded under Section 79 of the IT Act.

MeitY and Twitter did not respond to queries seeking confirmation on the latest developments.

Meanwhile, people in the know said Twitter’s contention is that in several cases, content flagged for takedown by MeitY is posted by official handles of political parties. “Blocking of such information would be violative of the freedom of speech guaranteed to users of the platform,” said a source.

Further, the microblogging platform holds the view that in some of the blocking orders, the
IT ministry<\/a> has used its powers “disproportionately” and “has not specified the exact reasons as to why it believed the content to be violative of Section 69 of the IT Act,” said one person who declined to be identified.

Compliance must
<\/strong>
Meanwhile, in a post on the microblogging platform on Tuesday evening, minister of state for electronics and IT Rajeev Chandrasekhar wrote, “In India, all incldng foreign Internet intermediaries\/platforms have right to court n judicial review. But equally ALL intermediary\/platforms operating here, have unambiguous obligation to comply with our laws n rules.”

In its notice to Twitter that was sent on June 27, the IT ministry pointed out that despite the non-compliance notices delivered on June 6 and 9, the
social media<\/a> intermediary had not responded, and therefore, the ministry was taking action as prescribed under the relevant section of the IT Act of 2000.

Officials in the know had then told ET that the notices were being sent to Twitter after the intermediary’s “repeated failures to act on the content takedown notices sent under Section 69A of the IT Act” as well as on “non-compliance notices issued for not taking the content down.”

Legal experts are of the view that Section 69 of the IT Act has been used by the government “often in violation of the provisions of the section, which mention limited grounds for blocking access to any information.”

“Often, users whose content is taken down, are also not informed, and this essentially goes against the rationale of the apex court in upholding the section and the rules in Shreya Singhal versus Union of India,” said Prasanth Sugathan, legal director of the Software Freedom Law Centre (SFLC.in), while referring to a ruling by a two-judge bench in 2015, on the issue of online speech and intermediary liability in India.

Big Tech’s regulatory run-ins
<\/strong>
The IT ministry’s warning on June 27 follows a series of run-ins that the US microblogging platform has had with Indian regulators in recent years.

In May 2021, when the IT Rules 2021 came into effect, MeitY issued a similar warning on the possibility of Twitter losing its intermediary status over non-compliance with regulations under the IT Act. It also directed the company to appoint a resident grievance officer, a resident chief compliance officer as well as a nodal contact person or risk losing the protection granted to it under Section 79 of the IT Act.

People aware of the thinking within the
social media<\/a> company pointed out that the IT ministry has itself said that “taking down users’ accounts should be the last resort and that platforms should take proportionate action of just removing the content or information alone only if the said content is illegal or unlawful.”

“Any account level blocking is a very disproportionate measure,” said one of the sources quoted above.

Tuesday’s legal challenge by Twitter will add to the list of petitions filed by social media intermediaries against one or more provisions of the Information Technology Rules of 2021 or the IT Act of 2000.

On May 25 last year, instant messaging platform WhatsApp approached the Delhi High Court challenging a provision under the IT rules — of tracing the originator of its messages. In the plea, WhatsApp said that since this would require it to break “end-to-end” encryption on its platform, it would end up infringing users’ fundamental right to privacy.

In a separate case last year, Twitter’s then India head Manish Maheshwari approached the Karnataka High Court, seeking to quash a summons issued to him by Uttar Pradesh police. The court had then ruled in Maheshwari’s favour and asked the police to question him virtually if needed.
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