BENGALURU: Based in USA microblogging platform Twitter Inc cannot claim the protection of freedom of speech and expression under Article 19 of the Constitution, which is guaranteed to Indian citizens and organizations and not to foreigners, the central government told the Karnataka high court on Thursday.
Twitter filed a lawsuit against a series of blocking orders issued by the company Center From February 2, 2021 to February 28, 2022. He claimed that the orders were “arbitrary” because they did not notify the content creator in advance.
For the government, Additional Solicitor General (South) R Sankaranarayanan said before the HC, “They have no right to defence. Article 19, because it is a foreign organization. According to Article 14, there is nothing arbitrary and Section 69 (A) has been duly executed…. Therefore, they are not entitled to any relief”. The court session was postponed until April 10.
Twitter contends that the Centre’s directive to delete an account for a particular tweet contravenes Section 69A of the Information Technology Act and violates Article 14 right to equality.
Sankaranarayanan said when Twitter When asked to identify the originator, the company referred to its privacy policy. He said that if someone opens a fake account of the Pakistan government and writes something like “India-occupied Kashmir” or someone says that LTTE leader Prabhakaran is alive and does not want to go, a dangerous situation can arise and lead to violence.
Sankaranarayanan said that the “doctrine of proportionality” (not to act more severely than necessary to achieve a particular result) had changed and could no longer be used as a blanket formula. He even said Supreme court felt in cases where it was decided that the initiator should be identified.
Twitter filed a lawsuit against a series of blocking orders issued by the company Center From February 2, 2021 to February 28, 2022. He claimed that the orders were “arbitrary” because they did not notify the content creator in advance.
For the government, Additional Solicitor General (South) R Sankaranarayanan said before the HC, “They have no right to defence. Article 19, because it is a foreign organization. According to Article 14, there is nothing arbitrary and Section 69 (A) has been duly executed…. Therefore, they are not entitled to any relief”. The court session was postponed until April 10.
Twitter contends that the Centre’s directive to delete an account for a particular tweet contravenes Section 69A of the Information Technology Act and violates Article 14 right to equality.
Sankaranarayanan said when Twitter When asked to identify the originator, the company referred to its privacy policy. He said that if someone opens a fake account of the Pakistan government and writes something like “India-occupied Kashmir” or someone says that LTTE leader Prabhakaran is alive and does not want to go, a dangerous situation can arise and lead to violence.
Sankaranarayanan said that the “doctrine of proportionality” (not to act more severely than necessary to achieve a particular result) had changed and could no longer be used as a blanket formula. He even said Supreme court felt in cases where it was decided that the initiator should be identified.
