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The Supreme Court is hearing a batch of petitions challenging the IT Rules, seeking to regulate OTT platforms and other similar reliefs.

The top court had previously stayed proceedings pending before various High Courts in this regard.

#ITRules #SupremeCourt
Solicitor General: There are three SLPs, if those can be taken up first.

Court: We'll first dispose of the infructuous writ petition which seeks enactment of laws to regulate social media platforms.

#ITRules #SupremeCourt #SupremeCourtOfIndia
Court: SLP is against what order?

SG: order of the HC.. we have regulated the content and provided for a grievance mechanism. It does not encroach upon any freedom.

#ITRules #SupremeCourt #SupremeCourtOfIndia
Read 19 tweets
#SupremeCourt hearing a batch of petitions challenging Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Cable Television Network (Amendment) 2021.
Earlier, the Court had directed to prepare a chart of cases involving:
"1. Challenge to #ITRules
2. Challenge to Cable TV rules
3. Petitions seeking directions over IT Rules.
4. Other set of cases involving instances of #HateSpeeches and #HateCrime."
Counsel informed the bench that the batch of petitions seeking IT Rules have become infructuous as the rules have been made.

Another counsel has sought for a pass over.

The bench will hear the matter later.
Read 16 tweets
#SupremeCourt to hear a bunch of cases seeking guidelines to prevent #HateSpeech. Some of the petitions were filed back in 2020 concerning hate speech on Tablighi Jamaat Muslims after Nizamuddin Markaz fiasco Image
Counsel informs that Solicitor General Tushar Mehta has circulated a letter for adjournment in this case

SG appears

Counsel: SG Mehta is omnipresent
SG: The letter wrongly mentions adjournment needed for 2 weeks. I would like to streamline this. Please see first set is writ petitions. then is the transfer plea regarding pleas challenging IT rules seeking to regulate OTT platforms. Then is plea seeking stay of HC proceedings
Read 16 tweets
Twitter publishes it's monthly report regarding handling of complaints from users in India, including action taken on them, as well as the number of URLs that Twitter has taken action as a result of proactive monitoring efforts.…
As per the report, the number of legal demands received to remove or withhold content between the period of July-December 2020 is 6971.
The data also mentions that the government had requested information from #twitter for a total of 3615 times between the period of July-December 2020.
Read 5 tweets
The second round of ‘Compliance Reports' are out now! But there is no real transparency 🗣️❌

Not a single corporation has included Government content take-down requests received by them. Follow this thread 🧵 ⬇️ 1/n…
Periodic compliance reports (as mandated by the #ITRules) are an important element for understanding how social media corporations regulate content, but misses an important element — disclosure of content removal requests made by the government are not mandatory! 2/n
While it is important for SSMIs to be transparent and accountable with content moderation, these values are equally important when it comes to government-mandated content removal orders!

For free speech to truly flourish online, the government cannot keep regulating it. 3/n
Read 7 tweets
India's '21 #MonsoonSession has ended, with minimal progress + frequent disruptions over a lack of discussion around BIG issues like the #Pegasus hacks & farm bills.

In the midst of it all, we take a look at how your digital rights fared. Follow 🧵 👇🏽 1/n…
It was an extraordinary session! In the beginning, protests around the #PegasusLeaks and farm bills led to multiple adjournments, with the government claiming a loss of 133 crore INR.

But the first 10 days also saw 12 important bills being passed with minimal discussion. 2/n
Average discussion time in the first 10 days: 7 minutes only!

Disruptions continued, with a huge ruckus in the Rajya Sabha on August 11th, leading to the house being adjourned for 2 whole days.

tl;dr: The parliament functioned for less than a quarter of the scheduled time. 3/n
Read 9 tweets
We've got some news around the #ITRules! 🥳

The Bombay HC passed an interim order on 14 Aug '21 staying Rules 9(1) and 9(3) as they violate Article 19(1)(a) and were beyond the rule-making power conferred by the Parliament on the Government. 🧵 👇🏽 1/n…
Rules 9(1) and 9(3) required news outlets & content curators to comply with:

i. Code of Ethics

ii. Government-monitored grievance redressal mechanism

Get a detailed look into the #ITRules with our easy explainer 👇🏽 2/n…
Under the mechanism, a publisher must address the complaints, and its decision may be appealed to a body of publishers registered with the govt. These decisions may be appealed to an Inter-Departmental Committee (IDC) that exclusively consists of central govt. bureaucrats. 3/n
Read 8 tweets

- Trains for fully jabbed? Good news, hints Aaditya
- India, China armies complete disengagement at Gogra point
- Schools in state to reopen on August 17, says edu minister

Read more: Image
Tokyo Olympics 2020 | Bronze lost, a billion hearts won over: Indian women's hockey team signs off 4th after narrow loss to Great Britain

#TokyoOlympics2021 #TokyoOlympics #TeamIndia #Tokyo2021 #Olympics #Hockey #HockeyIndiaTeam #IndianHockey #INDvsGBR…
Maharashtra govt will take decision in next two days to allow fully jabbed citizens on Mumbai locals: Minister Aaditya Thackeray
- @SanjayJog7 reports

#COVID19 #COVID19India #Maharashtra #Mumbai @AUThackeray @WesternRly @Central_Railway…
Read 11 tweets
Delhi High Court to hear petition seeking directions to Twitter to comply with Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

#Twitter #ITRules2021 #DelhiHighCourt @TwitterIndia
On the last date of hearing, the Court had directed "interim" officers appointed by Twitter Inc under IT Rules, 2021 to file affidavits stating that they will be responsible for dealing with any grievances raised.

#Twitter #ITRules2021 #DelhiHighCourt
Senior Advocate Sajan Poovayya appears for Twitter. Two affidavits have been filed as regards Chief Compliance Officer and Grievance Officer. We have indicated that we will no longer use "interim" for the officers.

#Twitter #ITRules2021 #DelhiHighCourt
Read 18 tweets
Does the US #copyright law apply to Indian users of the internet? In today's digital era, where memes and reels are "remixed" and shared with ease across platforms — this is an important question. Thread: 1/n…
Copyright issues are the biggest reason content is taken down!

96.2% takedown complaints received by Google related to copyright infringements, while Twitter restricted 684.6k accounts between July 2020 and December 2020 due to copyright complaints. 2/n…
Important: What is the DMCA and does it apply to Indians?

DMCA is the law that protects the intellectual property rights (IPR) of digital content creators. India was a signatory to the WIPO Copyright Treaty ('96) — this has put the DMCA at par with other domestic IPR laws. 3/n
Read 9 tweets
What's up with the #ITrules? Here's what ➡️ The UoI has asked the SC to transfer before itself 4 cases (pending in High Courts) questioning the constitutional validity of the rules. IFF is providing legal assistance to @LiveLawIndia in one of them.
Today, submissions were made by the Ld. Solicitor General for a stay of the pending matters before High Courts. The Supreme Court refused such stay, and ordered the petitions to be tagged and listed before the appropriate bench on July 16.
The Kerala HC had earlier restrained UoI from taking coercive action against @LiveLawIndia, a respondent in today’s hearing. In an integral decision for the power of collaborative and strategic litigation, the Supreme Court didn’t disturb this order.
Read 9 tweets
Delhi High Court to hear plea seeking direction to Twitter India to appoint Resident Grievance Officer under IT Rules, 2021. On last date of hearing, Court had asked the social media platform when it would appoint such an officer

#ITRules #Twitter #DelhiHighCourt @TwitterIndia
Senior Advocate Sajan Poovayya appears for Twitter India. Explains filing before Court.

Twitter Inc doesn't have an incorporated office in India.

#ITRules #Twitter #DelhiHighCourt
Chief Compliance Officer has been appointed as of July 6. We are in the process of setting up a permanent liaison office in India: Poovayya

#ITRules #Twitter #DelhiHighCourt
Read 23 tweets
Delhi High Court hearing pleas filed by The Quint, The Wire and others challenging the validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

#ITRules #delhihighcourt @TheQuint @thewire_in
Senior Advocate Nitya Ramakrishnan seeks notice in the plea filed by Pravda Media Foundation. Also seeks interim relief

#ITRules #delhihighcourt @TheQuint @thewire_in
Court: There is no question of interim relief from a vacation bench. They (Centre) are only implementing the notification on which there was no stay.

#ITRules #delhihighcourt @TheQuint @thewire_in
Read 8 tweets
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…
#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.
Read 6 tweets
@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.
Read 5 tweets
Here are the seven key recommendations from the Expert Stakeholder Consultation Report on the Indian #Encryption Debate.

Access the full report here:…

1/8 Image
A mandate for #backdoors to #encryption or originator #traceability does not fulfill the #Puttaswamy test and must be revisited.

#OriginatorTraceability mandate would result in practical complications for industry; become an obstacle to small businesses & #innovation; & the end product will be difficult to sell in the Int'l market. Such a mandate should not be implemented without further consultation.
Read 8 tweets
#DelhiHighCourt hears plea seeking a direction to UOI to direct #Twitter Inc to appoint Resident Grievance Officer as required u/Rule 4 of Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021 without delay.


Justice Rekha Palli is hearing the matter.

Court: I am inclined to issue notice. If the rules are there… they have to follow it.

#ITRules #Twitter #DelhiHighCourt
Senior Advocate Sajan Poovayya appears for Twitter Inc.

At the date of filing, there may have not been compliance, but Twitter has now complied, Poovayya submits.

#ITRules #Twitter #DelhiHighCourt
Read 8 tweets
If the version of the law as presented on TV was accurate, there won't be any fight over #ITRULES. Compelled to do this thread.

Platforms don't want to police content if they lose safe harbor.

They are happy for any content to float through their medium.

Intermediaries are entities that provide services enabling the delivery of online content to the end user. This includes internet service providers, search engines, DNS providers, social media platforms, cyber cafes.
The intermediaries play an important role in the dissemination of information but do not have any editorial control over their content.
Read 20 tweets
We have been at it on the #ITRules

So a master thread if you really want to understand it in depth.

Right before they were to be released we got advance copy of the draft and dissected it first. We cautioned how they are just plain terrible. 1/n…
That very day on Feb. 25 the #ITrules were notified *sigh*. There were some minor tweaks which made them worse! We use these words carefully, these rules are undemocratic & unconstitutional. They erode you free speech and privacy. How? Click below. 2/n…
Many people are talking about WhatsApp’s case but the first sector which took #ITRules to court were digital news publishers like @LiveLawIndia. Why? It put them directly under the control of the Ministry for I&B. We assisted in a court challenge! 3/n…
Read 6 tweets
WhatsApp moves Delhi High Court against IT Intermediary Rules 2021 mandating it to trace first originator of information

#WhatsApp #DelhiHighCourt

@WhatsApp @Facebook…
WhatsApp in its plea before Delhi High Court has said that the Indian Govt policy of "traceability" will break the end to end encryption of WhatsApp. WhatsApp deployed end-to-end encryption throughout our app in 2016.

#WhatsApp #DelhiHighCourt #ITRules
WhatsApp before Delhi High Court:

In order to trace even one message, services would have to trace every message. There is no way to predict which message Indian Govt would want to investigate in the future. #WhatsApp #DelhiHighCourt #ITRules
Read 6 tweets
#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.…
#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
Read 10 tweets
The #ITRules 2021 came into effect on February 25, and today is the deadline for significant social media intermediaries to comply with new obligations under the IT Rules 2021.…
The Rules could undermine the principles of open & accessible internet, the fundamental #RightToPrivacy & #FreeSpeech & expression enshrined in the Constitution.
#DigitalIndia #SocialMedia #ILRules #DigitalDefenders
What are the major due diligence requirements that have to be observed by an #intermediary ?
#Datacracy #ottguidelines #SocialMedia #ITRules
Read 8 tweets
We are pleased to inform you all that subsequent to the legal notice sent to @TwitterIndia informing that @fsmi_in had not violated @Twitter's rules or Indian law by sharing @IndianCERT's letter, Twitter has restored FSMI’s access to their Twitter account.…
Free Software Movement of India's access to their account was blocked by @Twitter after they had uploaded a copy of a complaint letter to @IndianCERT about @bigbasketblog's data breach.
#censorship #FreeSpeech #TwitterAccountSuspend
Twitter had stated that FSMI had violated #TwitterRules specifically about posting #PrivateInformation of others without their express authorization and permission.
Read 7 tweets
With the MeitY looking to overhaul the existing Intermediary Liability regime, let's look at what an intermediary is, where it comes from, and how content regulation will impact #FoS & #privacy.

Thread by @arpithadesai who volunteers at IFF to #ELI5 this complex issue! 1/11
@arpithadesai Who is an intermediary?

An intermediary is anyone who receives, stores or transmits an electronic record on behalf of someone. Includes your telecom provider, social media websites, e-commerce sites & search engines. Big, small and tiny.

[Nope, not the colony gossiper] 2/11
@arpithadesai Under the IT Act, 2000, intermediaries enjoy what is called 'safe harbour' protection where the intermediary acts a facilitator and does not play any part in creation/modification of the information.

But, why? Because they facilitate free speech of end users. 3/11
Read 12 tweets

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