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The government has cited the unblocking of over 250 accounts and posts that talked about “farmer genocide” and issued a notice to Twitter saying the social media company was violating the Information Technology Act’s Section 69 that provides for seven-year imprisonment.
“This a is motivated campaign to abuse, inflame and create tension in society on unsubstantiated grounds. Incitement to Genocide is Not Freedom of Speech; It is Threat to Law & Order,” said the notice issued on Tuesday, a copy of which HT has seen.

The notice said the government has considered the submissions of Twitter but has found that it is necessary to take down the accounts in the public interest. “Having considered in totality, the contents of the interim order, the oral submissions of the advocate/representative of Twitter at the Committee meeting, and also the mail from Twitter expressing its disobedience of the legal blocking orders, the competent authority is satisfied that it is necessary and also expedient in the interest of public order and also for preventing incitement to the commission of any cognizable offence relating to public order that Twitter, as an intermediary under section 2[1][w] of the act is once again directed to block for access by the public, the said Twitter handles and also the said hashtag with immediate effect...”

The notice added Twitter is bound by the Indian laws. “You are aware of the prevailing situation, which not only has the potential, but has in fact, resulted into a major public order issue [violence] on 26.01.2021 [during the farmer tractor rally on Republic Day]. The statutory authorities are doing everything possible to ensure that no adverse public order situation takes place and no cognizable offences are committed,” the notice said.
It added Twitter has no “constitutional, statutory or any legal basis whatsoever to comment upon the interplay of statutory provisions with constitutional principles or to unilaterally read down the scope of statutory provisions as per its own limited private understanding of the constitutional and statutory laws of India”.
The notice has also cited over half a dozen Supreme Court judgements including that of the constitutional bench as to what is public order and what are the rights of the authorities. “Twitter being an intermediary is obliged to obey the directions as per satisfaction of authorities as to which information content will arouse passion and impact public order,” the notice said.

Publish Time: 03 February 2021
TP News

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