BENGALURU: Contending that the blocking orders passed in the interest of sovereignty, integrity, defence and security of the State's friendly relations with foreign states, the central government stated that Twitter, a US-based microblogging platform, invoked the jurisdiction of the Karnataka High Court surreptitiously, which is nothing but a 'chance or luxury litigation' to achieve an object indirectly when the same could not be achieved directly.
In the statement of objection filed before the Karnataka High Court on Thursday with regard to the petition filed by Twitter challenging the multiple blocking orders passed by the Ministry of Electronics and Information Technology, the central government alleged that Twitter is habitually non-compliant.
Under the garb of freedom of speech, Twitter expects the laws of the land will have to be changed to suit its own policies or made second to its policy. Twitter is advocating a dangerous trend, if allowed would make all social media platforms/intermediaries as the final arbiter of lawful orders, the government added.
The government also contended that Twitter acts swiftly in removing posts or blocks accounts that violate its own policy without waiting for any court orders or government requests, even without issuing any prior notice. The same level of swiftness is not found in lawful compliance with the court or government orders.
In the recent past, Twitter has completely blocked many user accounts, causing severe loss and mental agony to Indian users, which is a clear violation of the users' freedom of speech and expression. In this case, it is pertinent to note that the blocking directions issued under Section 69A of the IT Act are limited to blocking the content in the Indian jurisdiction only.
However, when Twitter suspends the content for violation of its own policies, it suspends the content at the global level, the government said, citing specific instances.
The Central government also stated that hate speeches targeting specific communities can profoundly affect a country like India, where diversity of culture and faith prevails. Hence, when the government directs expeditious removal or blocking of content under the law, Twitter is expected to follow the same in letter and spirit, it said.
Unfortunately, while Twitter is keen to protect its business interests, it is non-compliant with laws, the government added, while praying the court to dismiss the petition with exemplary costs.
Stating that the orders issued for blocking access to information (including the 39 URLs) by the public, the central government stated that all intermediaries including Twitter are bound to comply with the same in letter and spirit. If the intermediary is aggrieved, then it may first comply with the same and seek review before the government or court of law. Thus, the show cause notice issued is valid.
If Twitter fails to comply, then its intermediary status is liable to be withdrawn, the government cautioned.
"In India, though privacy has been recognized as an integral part of personal liberty, like most other fundamental rights, the right to privacy is not an "absolute right" and in certain circumstances, it can be overridden by competing State interests. Therefore, the balance between personal needs and social welfare should be maintained. The Government of India is committed to protecting constitutional rights including freedom of speech and expression in the country. Therefore, all platforms, whether foreign or local, are free to do business in the country and must follow the law of the land", the central government defended its action.
The High Court will hear the matter on September 8, 2022.