Thread by @LiveLawIndia

Karnataka High Court is hearing the petition filed by @Twitter challenging the blocking orders passed by Government of India.

#Twitter #Karnataka

Hearing before Single judge bench of Justice Krishna S Dixit.

#Twitter #Karnataka

#Twitter #Karnataka

ASG South R Sankarnarayana making submissions for Centre

Read prev report here:
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ASG: After K Puttaswamy judgment there is judgement of Apex court in case of Anuradha Bhasin

#Twitter #Karnataka

ASG: The aim here is you are entitled to do what you want. Let everyone join and let knowlege be shared. But if national integrity is affected we will step in.

#Twitter #Karnataka

HC records: ASG submits that Doctrine of Proportionality has undergone lot of change with societal value. Doctrine cannot be invoked as straight jacket formula. He relies on an English court judgment wherein the absolute closure of account has been upheld.

#Twitter #Karnataka

HC: ASG also referes to apex court judgment in Anuradha Bhasin wherein the said doctrine having been treated in the light of K Puttaswamy judgment and denied relief to petitioner

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ASG: After this intermediary guidelines have been framed.

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ASG: In Madras HC an individual came against @facebook , said all account holders be linked with Aadhar card and Madras HC issued notice to @Twitter

@facebook @Twitter ASG: Similar petitions were filed in other HCs. FB went to SC and sought transfer. SC considering this has passed an interim order.

#Twitter #Karnataka
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@facebook @Twitter ASG: I read this only to show that even SC felt that originator should be identified...Sovereignty and integrity of India should be protected and thus some process should be formulated to identify the account holders

#Twitter #Karnataka

@facebook @Twitter ASG now refers to Intermediary guidelines; reads Rule 3 pertaining to due diligence by #intermediaries

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@facebook @Twitter ASG: @Twitter is a significant social media intermediary.

#Twitter #Karnataka

@facebook @Twitter ASG reads Rule 4 whcih pertains to Additional due diligence to be observed by significant social media intermediaries.

#Twitter #Karnataka

@facebook @Twitter HC: What is meant by Significant social media intermediary?

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@facebook @Twitter ASG: It is based on number of users and it is notified. @Twitter is one of the significant social media intermediaries.

#Twitter #Karnataka

@facebook @Twitter ASG: Notified number is 50 lakh as of today and they (twitter) have much much more...everybody today has a @Twitter account

#Twitter #Karnataka

@facebook @Twitter ASG: When there is specific rule that it is duty of intermediary to provide details of account holder...

HC: Did you ask for details from twitter?

Adv Manu Kulkarni for @Twitter : They said you may provide the details of the account holder.

#Twitter #Karnataka

@facebook @Twitter ASG: Rule 4 mandates that @Twitter must give information of account holders. There is no response to the notice issued to twitter.

#Twitter #Karnataka

@facebook @Twitter ASG: When I ask him to inform the originator, he falls back on rule 16 of the #Blocking Rules.

HC: What does it say?

ASG: Strict confidentiality must be maintained.

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@facebook @Twitter ASG: When I say your account holder is committing an offence he falls back on Rule 16. His ultimate object is that I have fundamental right. Next is 69 A and rules, there his case goes.

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@facebook @Twitter ASG: Somebody gives a tweet under the assumed name of Govt of Pakistan about "Indian Occupied #Kashmir "

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@facebook @Twitter ASG: Somebody says #Prabhakaran is a hero and he is coming back. All this is so dangerous that it is going to inflict violence...

#Twitter #Karnataka

@facebook @Twitter ASG: To summarise my argument, they are not entitled to any relief, they are a foreign entity. My request is they are not entitle for any relief.

#Twitter #Karnataka

@facebook @Twitter ASG: May I send by courier a book on intermediary rules?

HC: I already have it, I have started reading that.

#Twitter #Karnataka

@facebook @Twitter ASG concludes his arguments.

HC: Can you prepare a gist of your full submissions

ASG: I will do it.

#Twitter #Karnataka

@facebook @Twitter HC to ASG: It was a pleasure hearing you

Hearing adjourned to April 10

#Twitter #Karnataka