1/ Fact check: We would like to caution against news reports of any social media entity (a significant entity) losing the “protective shield” of an “intermediary status”. This emerges from an incorrect reading of the law.
#TwitterBanInIndia
timesofindia.indiatimes.com/business/india…
2/ First! The “intermediary status” is not a registration that is granted by the Government. If you’d like to brush up on this, we’ve got you covered in an explainer we did when incorrect reports emerged over a “social media ban” earlier this month.
3/ The present concerns arise from Rule 7 of the IT Rules, but Rule 7 only says that the provisions of Section 79 of the IT Act won’t apply to intermediaries that fail to observe the IT Rules.
4/ The so-called “intermediary status” is actually a technical qualification as per criteria under the Section 2(1)(ua)(w) of the IT Act (see link). This should be read with Section 79 (explained in the next tweet).
indiankanoon.org/doc/33134261/
5/ As per Section 79, intermediaries are immune from liability/penalty if they comply with legal takedown requests of user posts from courts & public authorities. As we explain, this is threatened by the IT Rules, 2021.
6/ The new IT Rules, as per several digital rights organisations, are unconstitutional. In fact, they have been challenged in several state High Courts. For instance, this recent challenge by T.M. Krishna.
internetfreedom.in/madras-high-co…
7/ Even if we presume that the IT Rules are legal and constitutional, where alleged non-compliance is for appointment of officers etc., when companies like Twitter are prosecuted, courts will decide if it is an intermediary and not the government.
economictimes.indiatimes.com/tech/technolog…
8/ The stories citing a loss of intermediary status do not refer to any government order or gazette notification rooted in a legal provision. Hence it is not a legal determination. Even an official press statement is not publicly available yet.

RT this. #TwitterBanInIndia
9/ We clearly state. The IT Act or IT Rules do not contain any power or process for grant or revocation of an intermediary status. There is no immediate penalty which flows from non-compliance beyond loss of immunity determined by Courts on evidence and legal submissions.
We're working hard to bring you accurate, timely information about the IT Rules, and are standing up for your rights in and out of Indian courts.

We won't back down. But we need your support to keep going. Donate to IFF today!
internetfreedom.in/donate/

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More from @internetfreedom

14 Jun
#Event: Settled Habits, New Tricks: Casteist Policing Meets Big Tech in India | June 18, Friday

Join us with @CPAProjectIndia for a conversation on how technology is accelerating caste-based discrimination through policing.

Register here: blocksurvey.io/share/299a0a90… Image
This event will highlight the work of the authors of the paper by the same name - Ameya Bokil, Avaneendra Khare, Nikita Sonavane, Srujana Bej and Vaishali Janarthanan. We will talk about caste and criminality, predictive policing, the creation of a digital caste system, and more.
The event will take place on 18th June 2021, Friday at 5pm. It is free for all to attend. See you there!
Read 4 tweets
14 Jun
IFF has submitted our comments on @TRAI's Supplementary Consultation Paper on the Roadmap to Promote Broadband Connectivity and Enhanced Broadband Speed.

As COVID-19 is moves our everyday lives online, we need high speed broadband for EVERYONE!
1/n
internetfreedom.in/on-the-need-fo…
Our submissions in October last year also highlighted the need to revamp policy and regulatory initiatives surrounding the broadband infrastructure to ensure that every citizen has access to the internet. Read more here:
2/n
internetfreedom.in/read-iffs-comm…
We highlight 4 major points for TRAI's consideration.

First, indirect incentives to licensees for the proliferation of fixed line broadband networks can lead to several issues including the misappropriation of revenues.
3/n
Read 8 tweets
11 Jun
Mega-thread:

Dominos, UpStox, MobiKwik, Facebook, Air India - India's deluge of data breaches shows no sign of stopping.

Today, we want to explain to you why our legal system is not equipped to deal with this situation, and what needs to change.
1/n
internetfreedom.in/our-recommenda…
The rising data breaches in India threaten your safety. Not only do they make your personal information available for anyone on the internet for nefarious uses, their economic impact is tremendous. One IBM study shows that the average breach in India costs Rs 14 crore.
2/n
As per the Constitution, IT Act, and common law, data fiduciaries (i.e. companies like Dominos and MobiKwik) who face breaches have a legal obligation to ensure that the personal data in their custody - like your name and address - is safeguarded.

But what's the reality? ->
3/n
Read 11 tweets
10 Jun
Just in: Renowned musician and activist @tmkrishna challenged the IT Rules before the Madras High Court. IFF filed a writ petition on his behalf.

Today, the court has issued notice and given the government 3 weeks to file its counter affidavit.
1/n
internetfreedom.in/madras-high-co…
The new, unconstitutional IT Rules seek to increase government regulation over social media, OTT, and digital news platforms. They have been challenged before other High Courts including Kerala HC where we represented @LiveLawIndia in their petition.
2/n
internetfreedom.in/kerala-hc-gran…
TM Krishna's petition challenges the IT Rules on 5 major grounds: they violate the fundamental rights to freedom of speech, to practice any profession, and to privacy. They are arbitrary and suffer from excessive delegation, and are ultra vires the IT Act, 2000.
3/n
Read 6 tweets
27 May
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 internetfreedom.in/latest-draft-i…
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 internetfreedom.in/intermediaries…
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 internetfreedom.in/kerala-hc-gran…
Read 6 tweets
27 May
When asked who funds us and whom we represent, our answer is easy - "the people of India!" Become an IFF member to join us in safeguarding online freedoms resisting surveillance to secure YOUR digital rights. Sign up for our membership and amplify: internetfreedom.in/donate/
1/n
Our salaries depend on your donations. We also acquire tech support, work on policy interventions and strategic litigation, and promote digital literacy with public funding. Contribute to the ongoing strategic litigation fundraiser here:
2/n
internetfreedom.in/fund-iffs-stra…
We rely on the support of our members who donate to us on a monthly basis, as our members are the core of our work ethos and funding culture. Our membership tiers start as low as Rs.100 up to Rs.2000 per month. As we sustain your digital rights, 300 members sustain our work!
3/n
Read 5 tweets

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