Trouble has mounted for Twitter as the micro-blogging platform has lost its “Intermediary Platform” status in the country, even as it was named in an FIR in Uttar Pradesh for “misleading” content.
Sources said that Twitter is the only mainstream social media platform that has not yet ensured compliance with the new IT requirements, according to the report (IT Rules 2021).
The ministry of IT had previously given companies until 26 May to guarantee that the new IT guidelines were followed. The Information Technology Act of 2000 defines social media platforms in India as “intermediary platforms”. The new IT law applies to all social media businesses in India with a user base of more than 5 million people and who are classified as “intermediates”.
As an “intermediary”, a social media website is protected from legal liability for content posted on the platform under Section 79. However, if the companies lose this status, they would be held legally accountable if they share any illicit or illegal materials on their network.
Earlier, on 5 June, the government sent Twitter a letter, offering Twitter India one more chance to comply with the requirements immediately. According to sources, Twitter responded on 6 June by appointing an interim nodal officer and grievance officer. However, Twitter had asked for one more week’s time regarding the Chief Compliance Officer (CCO). After this, on 13 June, the company said that it has put job postings on LinkedIn and website and is trying to fill these positions as soon as possible.
As per sources, the government is dissatisfied that Twitter has not recruited a Chief Compliance Officer, even on a temporary basis. At the same time, the Parliamentary Standing Committee on Information and Technology has summoned the corporation and ordered it to come before the panel on 18 June.
Twitter will also be questioned about public rights, the misuse of social and online media platforms, concerns linked to women’s safety in the digital world, and the reasons for the delay in complying with new IT legislation, according to sources.
Meanwhile, Uttar Pradesh police has registered a case against Twitter, several journalists and Congress leaders in connection with the beard cutting of a Muslim elder in Ghaziabad. All are accused of “inciting communal sentiments”. The elderly Muslim man had alleged that he was attacked on 5 June. He had claimed in a video that his beard was shaved off and he was forced to chant “Vande Mataram” and “Jai Shri Ram” slogans.
Journalists Rana Ayyub, Saba Naqvi and Mohammad Zubair are named in the case. Online news platform The Wire and Congress leaders Salman Nizami, Shama Mohammed and Muskoor Usmani are also named. They have been accused of posting the tweet “without verifying the facts” and “giving a communal colour to the incident”.
The FIR states that the tweets were shared with the clear intention of “inciting communal sentiments”, adding the “misleading” post prompted thousands of people to retweet. The complaint further states that the Ghaziabad Police had given a “clarification” through their Twitter handle on Monday night, but the users did not remove the posts and Twitter did not take any action to remove them.
Denying any communal angle in the case, the police said that Sufi Abdul Samad was attacked by six people—Hindus and Muslims—who were unhappy with some of the talismans.
Ghaziabad Police officer Iraj Raja said, “We found a video on social media in which an elderly man, Abdul Samad, a resident of Bulandshahr, UP, is being attacked by some people. When we investigated, we found that he had come from the Loni-border area. From there, the amulet maker Abdul Samad went to Hajipur village. He already knew the accused. People had called him.”
IPC Sections 153 (inciting riot), 153 A (promoting enmity between different groups), 295 A (acting with intent to outrage religious feelings), 505 (mischief) against Twitter and eight others in the case have been invoked. An FIR has been registered under 120B (criminal conspiracy). Officials said that the central government is worried about increasing tension in Uttar Pradesh after this case.
