Govt issues notice to Twitter on farmer issues, warns of penal action

New Delhi, February 04: Directing Twitter to comply with its order to remove contents/accounts related to farmer genocide hashtags, the government warned the microblogging platform saying it may face "penal action" for non-compliance with its order.

 

 

 

The IT ministry 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.

 

The government, in its order, said, "You are aware of the prevailing situation, which not only has the potential but has resulted in a major public order issue on 26.01.2021. The statutory authorities are doing everything possible to ensure no adverse public order situation takes place and no cognizable offenses are committed. In light of these developments and as a part of due process, and as per the settled practice, an order was passed."

 

doctrine of proportionality before ordering Twitter to take down the relevant hashtag and URLs.  The government stated, “Twitter Cannot Assume the Role of Court and Justify Non-Compliance.” According to Indian laws, “the intermediary is bound to comply with the order of the Designated Officer authorized by the Central Government, and in case of non-compliance, statutory consequences shall follow.”

 

The notice said that it was “astonishing” that Twitter was “commenting upon “significant issues relating to freedom of speech” relating to the power of the Central Government under section 69A of the Act and the constitutional desirability of the interim order dated 31.1.2021.”

 

The notice also cites at least ten Supreme Court judgments on the scope of "public order", press freedom, and the 

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. It further categorically asked Twitter to once again block the handles and the hashtag that were decided and communicated by the Committee earlier at the earliest.

 

The Ministry of Electronics and Information Technology had earlier issued a notice to Twitter to comply with its order to remove obnoxious and malicious contents and accounts related to the farmer's issue. It said the contents were created with malafide intentions to inflame passions, hatred and are factually incorrect.

 

Twitter on February 1 “withheld” multiple accounts on its social media platform, including many tweets with #ModiPlanningFarmerGenocide linked with the ongoing farmers’ protest at Delhi borders against the new contentious central farm laws. The handles were reinstated within hours.

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