Twitter’s legal challenge to Centre’s takedown orders flags issues of free speech

Twitter is a foreign, Silicon Valley platform that trades in data to sustain its commercial operations. Further, there are issues with its own transparency mechanisms in content moderation decisions. Twitter is a foreign, Silicon Valley platform that trades in data to sustain its commercial operations. Further, there are issues with its own transparency mechanisms in content moderation decisions.

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Shutting Down Digital Square

The growing digitisation of Indian society is reflective in the ongoing protests by farmers. Battles are being waged every day in gram sabhas and protest sites as well on social media. Each day on Twitter, a new hashtag trends for and against the farm laws, or farm leaders, or the promoters of leading Indian conglomerates, leaders of Opposition and even the Prime Minister. This conversation is public, chaotic but also democratic. In this adversarial contest, a recent government direction was issued to the social media platform, ordering it to shut down user accounts connected with these protests. This direction presents a clear breach of fundamental rights but also reveals a complex relationship between the government and large platforms on the understanding of the Constitution of India.

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But what about Section 69A?

As your social media timeline is flooded with news of a pathbreaking verdict by the Supreme Court of India on freedom of speech, there is reason to pause. While holding that Section 66A of the Information Technology (Amendment) Act, 2008, is unconstitutional and laying down guidelines for online takedowns under the intermediary rules, the court, in Shreya Singhal vs Union of India, has upheld Section 69A and the blocking rules framed under it.

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