“It is apposite to note that such inaction amounts to non-compliance with the due diligence requirements provided for in the applicable Rules and facilitates continued commission of unlawful acts by its user i.e. Rana Ayyub and a consequence thereof the protection of safe harbor available to the intermediary available under Section 79(1) is liable to be withdrawn.” This statement from the Union government underscores the escalating legal scrutiny surrounding journalist Rana Ayyub’s tweets.
The controversy centers on a series of tweets posted by Ayyub between 2013 and 2017, which the government claims are derogatory and inflammatory towards Hindu deities and historical figure Vinayak Damodar Savarkar. The tweets have drawn significant backlash, prompting the government to act.
In a recent development, the Union government indicated that X Corp, the parent company of the platform where Ayyub’s tweets reside, may lose its safe harbor protection in India. This protection, under Section 79 of the IT Act, allows intermediaries to avoid liability for user-generated content, provided they comply with due diligence requirements.
The government has filed an affidavit asserting that X’s inaction in removing the tweets constitutes non-compliance with these requirements. The Delhi Police have also issued judicial orders and statutory notices to X Corp, further complicating the situation.
According to the Union government, “The police notices and trial court order constitute ‘actual knowledge’ under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, triggering a statutory obligation on X to act expeditiously and remove such unlawful content.” This places additional pressure on X Corp to respond swiftly.
The tweets in question have been described as communally sensitive, raising concerns about their potential to incite unrest. The government initiated proceedings under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, to address the issue.
As the situation unfolds, the Delhi High Court has been informed that the police have requested action under Section 69A of the IT Act to block access to the tweets. This legal maneuver highlights the seriousness with which the government is treating the matter.
Details remain unconfirmed regarding the next steps for both Rana Ayyub and X Corp as they navigate this complex legal landscape. The outcome could have significant implications for freedom of expression and the responsibilities of social media platforms in India.
