SUMMARY
The IT ministry has also warned Twitter that if it continues to violate the IT Rules, it will have to face significant consequences under the IT Act
If Twitter loses the intermediary status, it will be equally responsible for the content posted on its platform
Twitter and the IT Ministry have been at loggerheads since the announcement of the IT rules in May 2021
Twitter, in the past, has failed to comply with two takedown notices – on June 6 and 9. Having not acquiesced to the orders, the government has warned the microblogging platform to comply with the rules by July 4.
The new IT Rules (now in process of amendment) grant social media platforms the status of intermediaries. Consequently, they have to abide by the guidelines, including takedown notices from the government offices.
According to an ET report, citing sources, the IT ministry sent out a notice to Twitter pointing out the platform’s failure to comply with the rules. The government has now warned Twitter that it will lose its intermediary status if it does not comply with the country’s IT rules.
The IT ministry has also warned Twitter that if it continues to violate the IT Rules, it will have to face significant consequences under the IT Act.
“If Twitter Inc. continues to violate these Directions and therefore the IT Act, significant consequences under the IT Act shall prevail,” the notice read, as reviewed by ET. “Consequences may include ‘loss of immunity as available (to) an intermediary under subsection (1) of section 79 of the IT Act and (will be) liable to punishment to offences as prescribed in the IT Act 2000.”
If Twitter loses the intermediary status, it will be equally responsible for the content posted on its platform. That is, the intermediary status creates a differentiation between the platform and the users.
It is to be noted that this is not the first time Twitter and the government are at loggerheads. On many occasions previously, Twitter has asked for extensions to comply with the IT rules. It has also on multiple occasions declined multiple requests from the government of India to take down tweets and deactivate certain user accounts.
Not only that, Twitter has already raised flags over being intimidated by the police and the government, when its offices were raided in late 2021. The government, on the other hand, has not shied away from reprimanding Twitter via a string of tweets, giving a final ultimatum only now.
