The Indian government has recently criticized Twitter, the popular micro-blogging website, for its alleged non-compliance to block over a thousand accounts said to be spreading provocative content and misinformation concerning farmers’ protests.
The Core Issue
The issue between the Indian government and Twitter began when the latter restored more than 250 accounts previously suspended based on the government’s legal demand. The government demanded compliance from Twitter with an order issued on 31st January 2021. The order involved blocking certain accounts and a controversial hashtag, supposedly related to an impending ‘genocide’ of farmers and was said to promote misinformation about the protests affecting public order.
Twitter, however, reinstated these accounts and tweets independently, later refusing to reverse the decision, arguing that it found no violation of its policy.
Law Pertaining to Blocking of Internet Services/Content in India
The Information Technology (IT) Act, 2000, governs all computer resource-related activities in India. This law covers all ‘intermediaries’ involved in the use of computer resources and electronic records. According to Section 69 of the IT Act, Central and State governments can intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource under certain conditions.
Blocking Internet Websites- The Process
Section 69A allows the Centre to request any government agency or intermediary to block any information’s public access under similar reasons as mentioned above. This request must be justified in written reasons.
Intermediary According to IT Act 2000
As per the IT Act 2000, an intermediary includes telecom service providers, network service providers, Internet service, web hosting, search engines, online payment sites, auction sites, online marketplaces, and cyber cafes. It also encompasses anyone who “receives, stores or transmits” any electronic record on behalf of another person. Social media platforms fall under this definition.
Law-Mandated Obligations of Intermediaries
Intermediaries are required by law to preserve and retain certain information as prescribed by the Centre for a specific duration. Non-compliance may result in up to three years of imprisonment, in addition to a fine. If requested for monitoring, the intermediary must provide technical assistance. Failure to do so could lead to up to seven years of imprisonment, alongside a fine.
Liability of Intermediaries
Section 79 of the IT Act 2000 states that an intermediary shall not be held responsible for any third-party information made available by him. This shields intermediaries from being held accountable for user-generated content.
Supreme Court’s Stand on Intermediaries In IT Act 2000
In the Shreya Singhal vs Union of India case (2015), it was stated that intermediaries should only act upon receiving actual knowledge of a court order asking them to swiftly remove or disable access to specific material.
Why Should Intermediaries Comply with the IT Act?
Compliance with the IT Act is essential for several reasons. Firstly, international requirements mandate internet service providers to cooperate with law enforcement authorities under certain conditions. Secondly, cooperation between tech companies and law enforcement agencies is critical in fighting cybercrime, including hacking, digital impersonation, and data theft. Lastly, to prevent Internet misuse, officials continuously seek to minimize any harmful effects.