BENGALURU: Based in the United States microblogging platform Twitter Inc cannot seek protection under Article 19 of the Constitution which guarantees freedom of speech and expression to Indian citizens and entities, not foreigners, the central government said in the Karnataka High Court on Thursday.
Twitter had gone to court, challenging a series of blocking orders issued by the Center from February 2, 2021 to February 28, 2022. He said the orders are “arbitrary” in that they do not provide notice to the content author.
For the government, the other Attorney General (South) R Sankaranarayanan filed before the HC: “They are not entitled to protection under Article 19as a foreign entity. Under section 14, there is nothing arbitrary and section 69(A) has been correctly followed…. Therefore, they are not entitled to any concessions”. The hearing was adjourned to April 10.
Twitter argued that the Center’s directive to remove an account for a particular tweet goes against Section 69A of the Information Technology Act and a violation of the right to equality enshrined in Section 14.
Sankaranarayanan said every time Chirping asked to identify the originator, the company turned to its confidentiality policy. He said a dangerous situation could arise and lead to violence if someone opens a fake Pakistani government account and tweets something like “Indian-occupied Kashmir,” or if someone says LTTE leader Prabhakaran is alive and looking forward to it. to leave.
Sankaranarayanan said the “doctrine of proportionality” (not resorting to action more drastic than necessary to achieve certain results) has changed and cannot be invoked as a straitjacket formula. He also said the Supreme Court retained in cases where it had judged that the originator should be identified.
Twitter had gone to court, challenging a series of blocking orders issued by the Center from February 2, 2021 to February 28, 2022. He said the orders are “arbitrary” in that they do not provide notice to the content author.
For the government, the other Attorney General (South) R Sankaranarayanan filed before the HC: “They are not entitled to protection under Article 19as a foreign entity. Under section 14, there is nothing arbitrary and section 69(A) has been correctly followed…. Therefore, they are not entitled to any concessions”. The hearing was adjourned to April 10.
Twitter argued that the Center’s directive to remove an account for a particular tweet goes against Section 69A of the Information Technology Act and a violation of the right to equality enshrined in Section 14.
Sankaranarayanan said every time Chirping asked to identify the originator, the company turned to its confidentiality policy. He said a dangerous situation could arise and lead to violence if someone opens a fake Pakistani government account and tweets something like “Indian-occupied Kashmir,” or if someone says LTTE leader Prabhakaran is alive and looking forward to it. to leave.
Sankaranarayanan said the “doctrine of proportionality” (not resorting to action more drastic than necessary to achieve certain results) has changed and cannot be invoked as a straitjacket formula. He also said the Supreme Court retained in cases where it had judged that the originator should be identified.
