Important Thread --
How GoI (mis)uses loopholes surrounding Section 69A of IT Act?
A. Basic Info:
1. Sec. 69 IT Act vests power in GoI's arms to block information available online.
2. IT Rules (rule 8 & 9) of 2009 lay procedure for exercise of that Power.
How GoI (mis)uses loopholes surrounding Section 69A of IT Act?
A. Basic Info:
1. Sec. 69 IT Act vests power in GoI's arms to block information available online.
2. IT Rules (rule 8 & 9) of 2009 lay procedure for exercise of that Power.
3. Rules mandate prior notice and oppotunity of hearing to affected party.
4. Information may be blocked only after hearing affected party.
5. Even in emergency cases where information is blocked prior to notice & hearing, such blocking is merely an interim measure &...
4. Information may be blocked only after hearing affected party.
5. Even in emergency cases where information is blocked prior to notice & hearing, such blocking is merely an interim measure &...
... later service of notice and hearing is mandatory.
B. What Govt. Does:
1. GoI does not serve any notice to real affected party (person whose page/profile/handle/channel is to be blocked).
2. Govt. Serves notice only to platform @Facebook, @Twitter, @TwitterIndia @YouTube etc
B. What Govt. Does:
1. GoI does not serve any notice to real affected party (person whose page/profile/handle/channel is to be blocked).
2. Govt. Serves notice only to platform @Facebook, @Twitter, @TwitterIndia @YouTube etc
3. Due to this route adopted by govt. affected persons are taken by surprise when they are blocked.
4. It results in violation of established procedure as affected person does not get (a) mandatory prior notice (b) opportunity to make representation.
4. It results in violation of established procedure as affected person does not get (a) mandatory prior notice (b) opportunity to make representation.
5. It also results in violation of freedom of expression.
C. How Platforms Can Help?
1. Platforms like @Twitter @TwitterIndia etc should inform affected person about GoI's request/direction for blocking prior to accepting that direction.
C. How Platforms Can Help?
1. Platforms like @Twitter @TwitterIndia etc should inform affected person about GoI's request/direction for blocking prior to accepting that direction.
2. These platforms should respond to GoI's request/directions after taking into account response from affected persons.
D. How others can help?
1. Identify procedural violation/deviations.
2. Highlight the violations etc.
3. Spread awareness.
4. Raise issue with platforms.
D. How others can help?
1. Identify procedural violation/deviations.
2. Highlight the violations etc.
3. Spread awareness.
4. Raise issue with platforms.
E. What media outlets need to do?
1. Report and highlight issue.
F. What Government should do?
1. Stop adopting deviatory tactics to avoid legal procedure.
2. Follow the procedure.
3. Give prior notice & opportunity of representation to affected persons.
1. Report and highlight issue.
F. What Government should do?
1. Stop adopting deviatory tactics to avoid legal procedure.
2. Follow the procedure.
3. Give prior notice & opportunity of representation to affected persons.
4. Respect & uphold freedom of expression.
_____
@jimmurphySF @TwitterIndia @Twitter @hrw @UN_HRC @AdityaMenon22 @JaskaranSandhu_ @1Force @CNN @bbcnewspunjabi @amarpreet_ka @RaviSinghKA @ravishndtv @ndtv @ndtvindia @PunYaab @WSJ @BBCWorld @thewire_in @rupikaur_ @ipsinghTOI
_____
@jimmurphySF @TwitterIndia @Twitter @hrw @UN_HRC @AdityaMenon22 @JaskaranSandhu_ @1Force @CNN @bbcnewspunjabi @amarpreet_ka @RaviSinghKA @ravishndtv @ndtv @ndtvindia @PunYaab @WSJ @BBCWorld @thewire_in @rupikaur_ @ipsinghTOI
• • •
Missing some Tweet in this thread? You can try to
force a refresh
