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BREAKING: Karnataka High Court holds that petition filed by Manish Maheshwari challenging Section 41A notice sent to him by UP Police is maintainable

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Invocation of Section 41A was resorted to as an arm-twisting method after Maheshwari did not respond to initial notice under Section 160 CrPC: Karnataka High Court

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It is not in doubt that the Section 41A notice itself threatens punitive action and deprivation of liberty, which is a fundamental right: Karnataka High Court

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Ghaziabad Video: Karnataka HC to shortly dictate order in a plea filed by Manish Maheshwari, an employee of Twitter Communications India Private Ltd challenging notice issued under Section 41A of CrPC

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Justice G Narendar will be dictating the order.

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The matter was posted for dictation of orders last week.

On June 24, Court had restrained the UP Police from taking coercive action against Manish Maheshwari.

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Karnataka High Court to hear plea by Twitter's Manish Maheshwari challenging notice issued to him by Uttar Pradesh Police under Section 41A CrPC over tweets on Ghaziabad assault video

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Hearing begins. Senior Advocate CV Nagesh appears for Maheshwari. Court wants to hear respondents on issue of maintainability first

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Counsel for UP Police making submissions. Nagesh says that he cannot hear arguments, as the lawyer is arguing physically before the Bench

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Delhi High Court to hear plea seeking directions to Twitter to appoint a Resident Grievance Officer as mandated under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

#delhihighcourt #itrules2021 #TwitterIndia

Hearing begins. Senior Advocate Sajan Poovayya appears for Twitter India.

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Court points out that only interim Grievance Officer was appointed by Twitter. It is not fair, Mr Poovayya. When a Senior Counsel makes a statement, I take it seriously: Justice Rekha Palli

#delhihighcourt #itrules2021 #TwitterIndia

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Safe Harbour is not a certificate or a stamp that is issued by the government. It is an inherent protection available to #intermediaries.
#ITRules #TwitterIndia #SocialMedia
sflc.in/twitter-interm…

#Twitter has approximately 1.75 crore users in India. The Safe harbour protection is an inherent protection granted to intermediaries which is a defense it can take against imposition of liability for acts done by third parties.

Such a defense is taken at the time of ascertainment and quantification of liability which would be done before a court of law and not by the government.

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@Twitter

#ITRules
@Twitter is an intermediary under Section 2(w) of the IT Act. This status cannot be taken away by the Government.
#ITrules2021 #TwitterIndia #SocialMedia

Intermediaries get a safe harbor protection under Section 79. This is conditional on them not modifying the content or initiating the transmission or selecting the receiver of the transmission.

It is also reliant on intermediaries discharging the due diligence requirements under the Act and under the Intermediary Guidelines Rules, 2021.

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#Twitter & #Facebook are not getting #banned but If these significant social media intermediaries don't comply with the #ITRules they could however lose the safe harbor protection which means they could incur liability (civil & criminal) for the acts done by third party users.

The Rules could also undermine the principles of open & accessible internet, the fundamental #RightToPrivacy & #FreeSpeech & expression enshrined in the Constitution.
sflc.in/analysis-infor…
#SocialMedia #ILRules #SafeHarbour #BigTech #ITRules #TwitterBan #FacebookBan

The #informationtechnology Rules, 2021 (#ILRules) which have been prescribed by the #Centralgovt under Section 79 of the IT Act are a set of compliances which the intermediaries have to abide by, in order to keep the safe harbor protection intact.
#SocialMediaban #internet

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