Karnataka High Court dismisses Twitter plea challenging Centre’s blocking orders, imposes Rs 50L fine

BENGALURU: The Karnataka High Court on Friday dismissed a petition filed by social media major Twitter in which it had challenged the blocking orders issued to it by the Ministry of Electronics and Information Technology (MeitY) under Section 69A of the Information Technology Act.

Also, the High Court condemned the behaviour of Twitter for delaying to comply with the instructions of the central government and also imposed a Rs 50 lakh fine on the organization. The fine should be paid to the Legal Services Authority within 45 days. The High Court has also warned that in case of failure to pay the fine, a fine of Rs 5,000 per day will be imposed.

The central government had given instructions to Twitter organizations to block objectionable posts like fake news disturbing communal harmony. Otherwise, it warned of action under the Information Technology Act. But the central government’s action was a violation of freedom of expression, said Twitter in a writ petition in the High Court.

Every person has the freedom to express his views. The lawyers for the Twitter organization had argued that if the instructions of the central government were followed, freedom of expression would be threatened. It was argued that the central government should send a notice to Twitter and take action only after hearing the arguments before taking action.

Justice Krishna S Dixit rejected the argument of Twitter organisation. Twitter did not comply with the central government’s notice by the High Court single-member bench headed by Justice Dixit. Failure to comply with the instructions will result in 7 years imprisonment and a fine.

After a delay of one year, the notice policy came before the court. “Know that you are not a farmer, you are a rich organisation”, Krishna S Dixit noted.

Under Section 69A of the Information Technology Act, the central government has the authority to impose restrictions on service providers providing information online. The central government had instructed to block some Twitter accounts using this authority.

Under Section 69A, the government has the power to issue such directions. Action can be taken if the tweet is against national security, sovereignty and order.

In 2021, the Information Technology Department of the Central Government issued an order to block 2,851 such tweets. Even in 2022, more than 2,000 objectionable tweets were blocked and an order was issued. Twitter, which had questioned this move of the government, has now suffered a setback. (ANI)

Section 69A of the IT Act, 2000, allows the Centre to block public access to an intermediary “in the interest of the sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognisable offence relating to above”.

An intermediary includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online auction sites, online marketplaces and cyber cafes.

Minister of State for Electronics and Technology Rajeev Chandrasekhar hoped that there is learning from this experience of Twitter.

“I hope there is a learning from this experience of Twitter and this behaviour of Twitter that platforms working with the Government of India, working with the citizens and consumers of India work with the compliance of the Indian law…There is ample room to grow lawfully and in compliance with the Indian law. I hope there is a learning from this for Jack Dorsey that the Government of India’s expectation previously, today and in the future will always be in compliance with the law”, the minister said. (ANI)