Reasoned Twitter Takedown Orders Could Have Avoided Unnecessary Publicity: Karnataka HC

Pulling up the union government, the Karnataka High Court (HC) on Wednesday (September 20) reportedly observed that the Centre could have avoided ‘unnecessary publicity’ if it reconsidered its standing and passed reasonable orders in the X (formerly Twitter) content takedown saga.

A bench comprising Justices G Narendar and Vijaykumar A Patil made the verbal observation while hearing the appeal filed by X against government orders that sought blocking of certain accounts and tweets. 

Arguing for X Corp, senior counsel Sajan Poovayya sought directions to the Centre to elaborate on the reasons for the takedown orders. 

Orally agreeing to X’s contention that the matter ought to be remanded back to the Centre, Justice Narendar opined that an ‘in-house’ decision would not attract unwarranted publicity.

“We will send it back to the Secretary. If it is an in-house decision, it will not attract unwarranted publicity… Please talk to ASG, if that is so, we can send it back to him. If that is so, he can also advise the designated officers suitably and the Department,” the bench noted as per Bar and Bench.

The HC also said that the appropriate ‘designated’ central government officer could also carry the onus of taking a call on whether costs could have been imposed on X Corp for apparent failure to comply with takedown orders on time. 

Poovayya also added that X Corp would continue to keep the controversial content and accounts blocked till a reasoned decision is passed in the matter.

The court noted verbally on Tuesday that the dispute could have been resolved outside the court if the two parties had discussed the matter. It also asked the Centre yesterday to consider setting age limits for social media users in India. 

Earlier last week, the union government called X a ‘habitual non-compliant platform’ in its filings with the HC for failure to comply with the former’s orders. 

The matter pertains to orders issued by the Ministry of Electronics and Information Technology (MeitY) to block certain tweets and accounts. In response, the social media platform knocked on HC’s doors last year and sought dismissal of directives issued under the Section 69A of the IT Act.

As both sides sparred publicly in the court, a single-bench of the HC, in June, dismissed X’s plea and directed the social media platform to pay a fine of INR 50 Lakh for not complying with takedown orders. 

Subsequently, the company appealed the order and eventually a HC bench comprising Chief Justice Prasanna Varale and Justice MGS Kamal asked X to pay half of the amount for the time being. Following this, the company deposited INR 25 Lakh with the Registry of the court. 

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