“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thereof the protection of safe harbor available to the intermediary available under Section 79(1) is liable to be withdrawn,” stated the Union government, underscoring the gravity of the situation.
The controversy revolves around a series of tweets by journalist Rana Ayyub, posted between 2013 and 2017, which have been described as derogatory and inflammatory, particularly towards Hindu deities and Vinayak Damodar Savarkar.
As tensions rise, the Union government has warned X Corp, the parent company of the platform where Ayyub’s tweets reside, that it may lose its safe harbor protection in India. This protection is crucial for intermediaries, shielding them from liability for user-generated content.
According to the government, X Corp has received judicial orders and statutory notices from the Delhi Police regarding the tweets, which have triggered a legal obligation for the platform to act.
Section 79 of the IT Act stipulates that intermediaries must follow due diligence and remove unlawful content upon notification. The government argues that X’s failure to act constitutes non-compliance with these requirements.
The Delhi High Court was informed that the police have requested action under Section 69A of the IT Act to block Ayyub’s tweets, further complicating the matter for X Corp.
The government has filed an affidavit asserting that X’s inaction facilitates the ongoing commission of unlawful acts, raising the stakes for the social media giant.
As the situation unfolds, the implications for both Rana Ayyub and X Corp remain significant, with potential legal ramifications looming.
In a follow-up statement, the Union government emphasized that the police notices and trial court order constitute “actual knowledge” under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, compelling X to act swiftly.
Details remain unconfirmed regarding the next steps X Corp will take in response to this escalating situation.
