Twitter Complies with India's IT Rules

Twitter Achieves Compliance with India’s IT Regulations

Twitter is now adhering to India’s recently enacted IT rules, as reported to a court on Tuesday. This development is anticipated to alleviate the prolonged strain between the American social media company and the government of this significant international market.

Government Confirmation of Compliance

Legal counsel representing the Indian government informed the Delhi High Court that Twitter’s recent actions – specifically, the appointments of a chief compliance officer, a nodal contact person, and a resident grievance officer within India – demonstrate “prima facie” compliance with the new legislation.

A response from a Twitter spokesperson in India was not immediately available.

Details of the New IT Rules

India’s updated IT rules, initially presented in February, necessitate that substantial social media companies, among other stipulations, designate personnel to address local concerns within the country.

Both Facebook and Google fulfilled this requirement in May, coinciding with the implementation of the proposed regulations in the South Asian market.

Previous Resistance and Temporary Measures

Twitter had faced increasing pressure from the Indian government due to its reluctance to remove certain tweets considered objectionable by Indian authorities. The company initially requested an extension to fully comply with the new rules, and during this period, filled the required positions with interim staff.

Escalating Tensions

For several months, a tense relationship has existed between the two entities. In May, Twitter identified a tweet from Sambit Patra, a spokesperson for India’s governing BJP party, as “manipulated media.”

Subsequently, a specialized unit of the Delhi police, responsible for investigating terrorism and related offenses, conducted unannounced visits to two of Twitter’s offices in the country to inquire about the reasoning behind labeling Patra’s tweets as manipulated.

Concerns Regarding Freedom of Expression

At the time, Twitter expressed its apprehension regarding recent events impacting its employees in India and the potential implications for freedom of expression for its user base.

Loss of Liability Protection

The company’s delayed efforts to conform to the new IT rules resulted in the revocation of its liability protection within the country last month, as stated by the Indian government. Furthermore, Twitter was cautioned that it was in a state of “total noncompliance” with the law.

Understanding “Safe Harbor” Protection

Internet services generally benefit from what is known as “safe harbor” protection, which shields tech platforms from legal responsibility for content posted or shared by their users.

Public Criticism from Indian Officials

Twitter also encountered public censure from numerous prominent Indian ministers.

“All social media platforms are welcome to operate within India. They are free to critique Ravi Shankar Prasad, my Prime Minister, or any other individual. The core issue revolves around the misuse of social media. Some platforms claim they are bound by American laws. However, operating and generating revenue in India while asserting governance under American laws is unacceptable,” stated Prasad, who served as India’s IT minister until his recent resignation, during a virtual conference in early July.

Requirements for Encrypted Messaging Services

The new regulations also mandate that significant social media firms utilizing encrypted messaging services establish a mechanism to trace the originators of messages in specific instances. Several companies, including WhatsApp and Signal, owned by Facebook, have not yet adhered to this requirement. WhatsApp has initiated legal action against the Indian government concerning this particular provision.