Thread by @barandbench

Today, the Karnataka High Court will hear Twitter's petition challenging blocking orders issued by the Union Ministry of Electronics and Information Technology on the ground that account-level blocking violates users' rights.

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The Central government, in response to Twitter's petition, had said that the directions to block certain twitter accounts were issued in national and public interest.

Read more on the government's stand here: barandbench.com/news/national-…

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The case will be heard by single-judge Krishna S Dixit. Follow this thread for updates 👇🏼

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Hearing begins.

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Justice Dixit: Your action seems to be very very disproportionate. That is what the impression I gathered from reading the papers twice.

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Senior Advocate Arvind Datar appears for Twitter: As per the Shreya Singhal judgment they have to give me a notice and give reasons in writing.

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Sr Adv Datar: Firstly, the notice is sent only to me. That letter has to be kept confidential- so I cannot inform the person.

Justice Dixit: Perhaps the person to whom it's not issued can raise this issue.

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Sr Adv Datar: You cannot allow wholesale blocking of account. It affects me as well.

Justice Dixit: It affects your business?

Datar: Yes! And it is completely arbitrary.

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Sr Adv Datar: Third ground is- law allows you to block a particular tweet, not the entire account. Just because it's political criticism.

For eg, during the farmers agitation - they simply asked to completely turn down accounts.

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Sr Adv Datar: When there's a particular organization spreading religious hate- you're a repeat offender then it's fine.

Otherwise it will violate the law of proportionality.

At the heart of 19(1)(a) is the right to criticise.

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Sr Adv Datar: Supreme Court has said you can criticise the government. In a democracy..

Justice Dixit: Because we are not ruled by the East India Company! (Laughs)

Datar: Yes, & we are not a dictatorship.

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Sr Adv Datar on the first ground, takes court through blocking rules.

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Sr Adv Datar: The letters sent to me are in non compliance of Rule 8.

Senior counsel Datar loses connectivity.

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Sr Adv Datar: Rule 8 contemplates am opportunity to be given to me and the person making the tweet- without given that person tweeting an opportunity, you straightaway tell me to block, it affects my platform.

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Sr Adv Datar take court through the Shreya Singhal v Union of India judgment.

Court: Was Rule 8 a subject of discussion?

Datar: Yes.

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Sr Adv Datar: The judgment of the SC states that a blocking order can be passed after following procedure - it requires notice to intermediary, the person concerned, a review committee..

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Sr Adv Datar: I can come and say this material is publically available, so then the review committee can decide.

Therefore, all the impugned blocking orders are in direct violation of Supreme Court interpretation.

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Sr Adv Datar: If 114, 115 is not satisfied - blocking orders have to be quashed.

Justice Dixit: I'm asking, if notice was sent to the party- how would it strengthen your case? Mandatory I've understood.

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Sr Adv Datar: I'm affected because a blocking order will be legally valid only if it's sent to me and person concerned.

Because..

Justice Dixit: I'm in agreement of that.. now, there should be a breach of principles of natural justice coupled with prejudice

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Sr Adv Datar: Prejudice is caused to me if on my platform you suddenly block people when the same info is being published in newspapers etc.

The breach of procedure is ipso facto prejudice.

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Sr Adv Datar: A strict adherence to natural justice has been diluted. The judgment which goes very clearly into this is the Aligarh Muslim University case which says..

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Sr Adv Datar: ... that if complying with natural justice is an empty formality then it may not be complied with.

My case is very simple.

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Justice Dixit: Have you taken pleadings that non-sending of notice has prejudiced your case?

Sr Adv Datar: Yes.

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Sr Adv Datar: Suppose in running a newspaper and the order says you should not publish articles of so and so.. it is equally my right to publish content unless it violates 19(1) or 19(2).

I'm not espousing the right of Mr x or y.

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Sr Adv Datar: When you pass a blocking order- it affects the intermediary, and the person. Since it prevents the platform from purveying information.

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Justice Dixit: Any ruling?

Sr Adv Datar: I am not espousing the cause of those tweeting. The point is that person is not allowed to espouse his cause since I'm prohibited from telling him.

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Sr Adv Datar: My substantive and procedural rights are violated. Here it is fatal, because procedure is not followed.

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Sr Adv Datar: In all these cases under IT Rules, I've to inform them.

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Sr Adv Datar discusses the second ground on Section 69 A, power to issue directions: The mandatory direction has not been followed.

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Sr Adv Datar reads examples of tweets by accounts that have been blocked: When you ask me to block a tweet...

Justice Dixit: How many of this innocuous nature are there?

Datar: I can make a table and show you.

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Sr Adv Datar: More than 60-70% are completely innocuous.

Justice Dixit: Have you taken this plea? It's a very important factor.

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Sr Adv Datar: Where there is complete non-application of mind.. that's why reasons need to be give.

Justice Dixit asks court for statistics.

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Corrigendum: Justice Dixit asks counsel for statistics*

Sr Adv Datar: Finally, my submission is the blocking is contemplated of the offending message.. the section does not contemplate the blocking of the account.

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Sr Adv Datar: If I send a message today.. my account is blocked in perpetuity.

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Sr Adv Datar: What I'm submitting is, what's offensive of 69 A is the individual message. If I find one tweet going wrong.. he can never use Twitter again. There is no time limit for blocking the account.

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Sr Adv Datar: Last submission is you can block a particular message but what is happening is the whole account is blocked.

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Sr Adv Datar: The consequences are that my platform becomes unavailable for use by a number of people.

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Sr Adv Datar: In the Delhi HC, I blocked someone's account - he challenged. He made ministry a party and they take a stand that you cannot block the whole account.

Look at the irony!

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Sr Adv Datar: It's a sworn affidavit of the government, they cannot have a forked tongue.

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Sr Adv Datar: The union tells the intermediary to block the account as a last resort. How can the impugned orders stand in this light?

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Sr Adv Datar: I'll conclude by saying that we are in no manner supporting objectionable content.

But please give us notice!

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Justice Dixit asks ASG Nargund: I want to know have matters gone to review committee? What is the legal framework?

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Justice Dixit: How have other jurisdictions done this? Like, American law?

Datar: I'll get instructions.

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Court adjourns case, to be heard on 17 October, 2022.

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