Thread by @nixxin

I have a slightly unusual take on the Indian government / @GoI_MeitY 's threat to remove intermediary status for @Twitter if it doesn't comply with the Rules.

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1. An intermediary is an entry which is merely a platform for you & me to publish / transfer info. It does
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Not modify the content, so isn't liable. So if I defame you on Twitter, you can't hold Twitter responsible. Unless, under India law, you have actual knowledge. Now the Indian Supreme Court said, on March 24th 2015, that actual Knowledge = court order or govt order.
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2. Thus, if Intermediary status is removed, Twitter is liable for this hypothetical defamation suit. Expand that to millions of potentially defamatory tweets, and Twitter won't survive it. So removing intermediary status is a very serious threat. They might as well shut down.

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3. IT Rules 2021 basically expanded compliance that intermediaries - Twitter, Facebook, Koo etc have to do.

Rule 7 of these IT Rules 2021 is simple: if by May 26, 2021, a significant social media intermediary is not compliant, they lose intermediary status. Hence liable.

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This is where things get interesting.

4. As per @GoI_MeitY's letter, or alleged letter, they've said that "as a gesture of goodwill" Twitter is being given one last notice to immediately comply with the Rules, or lose intermediary status, even as the letter allegedly says...
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"though with effect from 26th May 2021."

My question: if the Rules say that any intermediary that doesn't comply with them loses intermediary status, how exactly can @GoI_MeitY extend this goodwill gesture,thereby overriding the Rules? They haven't amended the rules to say so
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They haven't notified any exceptions to these rules that allow them to do this? I mean, they can choose not to enforce the Rules, but for all practical purposes, Twitter has already lost intermediary status because of non compliance. I can understand a court suspending
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Any action from any government/law enforcement / another court, but @GoI_MeitY has no legal backing for such benevolence, right?

They don't have the power to grant or remove intermediary status. So Twitter can be treated as a publisher even now if they are non compliant.

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5. Another thing: @GoI_MeitY has been behaving strangely. Twitter had earlier said that some orders it received were unlawful. If this is true, why aren't MEITY orders being checked internally for legality? Of course, the IT Rules themselves appear unconstitutional and
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beyond scope of IT Act. Earlier, MEITY sent a letter to social media platforms "requesting" them to remove posts which use the phrase "Indian Variant". Requesting? Because no law allows them to order the removal.

How MEITY has been operating reflects poorly on it as a ministry.