Centre puts Twitter in place for non-compliance against instigating handles; issues notice

In the latest development, the Government of India has issued a notice to social media giant Twitter asking it to comply with the order to remove content and accounts related to 'farmer genocide'. The GoI called out the motivated and factually incorrect campaign using '#ModiPlanningFarmerGenocide' hashtag intended to abuse, inflame and create tensions in the society on unsubstantiated grounds. Serving a notice to Twitter, the GoI slammed Twitter for unilaterally unblocking handles despite the Centre ordering action to be taken and categorically stated that Twitter was an intermediary and that they are obliged to obey directions of the government while refusal to do so would invite penal action. 

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The Centre pulled up Twitter for blocking the handles of the accounts for just a brief while despite the order being communicated a day earlier. It further noted that as a result of leaving the accounts unblocked, the content remained on public domain thereby allowing it to be shared and retweeted multiple times at the risk and cost of public order. The Ministry of Information and Technology said that it was in receipt of Twitter's reply on 1 February wherein they decided not to abide by and obey the orders of the GoI and pointed out that the social media giant was an intermediary as defined under Section 2(1) of the Information Technology Act.  

Government notice to Twitter by ankit on Scribd

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Pointing out the violence that shook Delhi on January 26, GoI noted that incitement to genocide was not freedom of speech but was a threat to law & order. Further, the notice said that Twitter could not assume the role of a Court and justify non-compliance and remarked that it cannot sit as an appellate authority over the satisfaction of the authorities about its potential impact on derailing public order. The Centre warned Twitter of facing action for non-compliance as per Section 69A(3) which provides for specific penal consequences in case of the non-compliance of orders issued under Section 69A of the Information and Technology Act 2000. The Centre categorically asked Twitter to once again block the handles and the hashtag that were decided and communicated by the Committee earlier at the earliest. 

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Twitter had temporarily withheld (for around 4 hours) around 250 accounts in India, including that of Prasar Bharati CEO Shashi Shekhar stating that the action was taken "in response to a legal demand", which has turned out to be from the government of India.  On the accounts being withheld, Prasar Bharati had raised objections and sought an explanation from Twitter India. Shortly after, the Ministry of Electronics and IT (MEITY) issued a statement confirming that 250 Tweets/ Twitter accounts which were using the #ModiPlanningFarmerGenocide hashtag were withheld. These accounts, as per the statement, were making "fake, intimidatory and provocative Tweets on Saturday, 30". The statement further said that the request originated from the Ministry of Home Affairs and law enforcement agencies in order to "prevent any escalation of law and order in view of the on-going farmer agitation." "If you see the above message, it means Twitter was compelled to withhold the entire account specified (e.g., @username) in response to a valid legal demand, such as a court order," Twitter's Help Centre page read on the withheld accounts. 

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