Thread by @internetfreedom

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.

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