Twitter Loses Liability Protection in India - Government Ruling

Twitter Loses Liability Protection in India Amidst Rising Tensions

The Indian government has declared that Twitter is no longer shielded from legal responsibility for content posted by its users within the country. This announcement, made in a recent court document, signifies a growing conflict between the two entities concerning India’s newly implemented IT regulations.

Non-Compliance with IT Rules

New Delhi asserted in a filing submitted on Monday that Twitter’s failure to adhere to the updated IT rules, introduced in February and enacted in late May, has resulted in the loss of its immunity.

Legal analysts have indicated that the Indian judicial system, rather than the government itself, possesses the authority to determine whether Twitter retains its safe harbor protections within the world’s second-largest internet market.

Understanding “Safe Harbor” Protections

Generally, internet services benefit from “safe harbor” provisions. These provisions protect tech platforms from being held accountable for content shared or posted by their users.

For instance, if a user posts a defamatory statement on Twitter, the company may be obligated to remove the post upon a court order, but is typically not held legally liable for the statement itself.

Implications for Twitter

Without this protection, Twitter – which, according to App Annie, boasts over 100 million users in India – assumes responsibility for all content generated by its user base.

N Samaya Balan of the Ministry of Electronics and Information Technology clarified in the court filing that the immunity granted to intermediaries under section 79(1) is contingent upon fulfilling the conditions outlined in sections 79(2) and 79(3). Failure to comply with the IT Rules 2021, as stipulated in Rule 7, renders section 79(1) of the IT Act, 2000 inapplicable.

Broader Compliance Landscape

This development occurs as tensions heighten between the Indian government and Twitter. Several other major firms, including Google and Facebook, have either partially or fully complied with the IT rules.

These regulations mandate that significant social media companies – those with over 5 million users in India – appoint a chief compliance officer, a resident grievance officer, and a nodal contact person to address local concerns.

The court filing states that Twitter has not met any of these requirements, despite previous statements indicating an intention to comply.

Government Stance on Foreign Laws

India’s IT Minister Ravi Shankar Prasad recently stated, “All social media platforms are welcome to do business in India. They can criticize Ravi Shankar Prasad, my Prime Minister or anyone. The issue is of misuse of social media.”

He further emphasized, “Some of them say we are bound by American laws. You operate in India, make good money, but you will take the position that you’ll be governed by American laws. This is plainly not acceptable.”

Potential Criminal Charges

The removal of liability protection exposes Twitter executives in India to potential criminal charges related to content considered objectionable on the platform.

Indian police have already initiated at least five cases against the company or its officials within the country, concerning various issues.

Police Action and Requests for Extension

In late May, a special squad from Delhi police conducted unannounced visits to two Twitter offices, an action widely perceived as an intimidation tactic.

Twitter expressed concern over these events, citing potential threats to freedom of expression and requested a three-month extension to comply with the new IT rules.

Challenges with Traceability Requirements

WhatsApp also faces challenges with full compliance. The IT rules require encrypted messaging apps to implement a mechanism allowing law enforcement to trace the originators of objectionable messages.

WhatsApp, with over 530 million users in India, filed a lawsuit against the Indian government in May, arguing that enabling “traceability” would infringe upon citizens’ constitutional right to privacy.

Signal has reportedly not complied with the traceability requirement and did not respond to a request for comment.

The compliance status of Apple, with its substantial Messages/iMessage user base in India, remains unclear, as the company declined to comment.