A recent development in the world of social media has sparked a heated legal battle. India’s Ministry of Electronics & Information Technology (MeitY) issued orders pursuant to Section 69 (A) of the Information Technology Act, 2000, calling for the removal of certain posts from Twitter, the popular microblogging site. The dispute arose after Twitter appealed to the Karnataka High Court, arguing that many of the blocking orders lack procedural and substantive merits under Section 69 (A) of the Act.
Details of the Current Issue
The Ministry contends that Twitter, on multiple occasions, didn’t comply with directions under Section 69 (A) of the IT Act. Twitter has blocked more than 80 accounts and tweets at the government’s request in 2021. However, Twitter asserts that the criteria used by the Ministry to flag various accounts and posts are either too generalized and random or excessive. Twitter adds that some content indicated by the Ministry may belong to official political party accounts, and blocking these could infringe upon the Right to Free Speech.
Understanding Section 69 (A) of the Information Technology Act
Section 69 (A) of the Information Technology Act empowers Central and State governments to issue directives to intercept, monitor, or decrypt any information generated, transmitted, received or stored in any computer resource. This power can be exercised in the interest of India’s sovereignty, integrity, defense, the security of the state, fostering friendly foreign relations, maintaining public order, preventing incitement to the commission of any cognizable offense, or investigating any offense.
The Process of Blocking Internet Websites
Section 69A enables the Centre to ask any government agency or intermediary to block public access to certain information stored or hosted on any computer resource for similar reasons and grounds. The term ‘intermediaries’ includes Internet service and network providers, telecom service providers, web hosting services, search engines, online payment and auction sites, online marketplaces, and cybercafes. Any request to block access must be justified in writing.
Other Related Laws
In India, the Information Technology (IT) Act, 2000 governs all activities related to computer resources. All intermediaries involved in the use of computer resources and electronic records are governed by this Act. The role of intermediaries is explicitly defined in the Information Technology (Intermediaries Guidelines) Rules, 2011.
The Importance of Intermediaries’ Compliance with the IT Act
Internationally, most countries have implemented laws requiring cooperation from Internet and web hosting service providers, and other intermediaries, with law enforcement agencies under specific circumstances. This collaboration between tech service companies and law enforcement agencies is crucial in combating cybercrime and other crimes committed using computer resources, such as hacking, digital impersonation, and data theft. The potential for Internet misuse has led law enforcement officials to continuously seek solutions to mitigate the adverse effects of using this medium.