Microblogging platform Twitter has lost its status as an intermediary platform in India as it does not comply with new laws, the Government sources informed on Wednesday. It is the only American social media platform among the mainstream that has not adhered to new laws, the government said.
Sources further stated that the firm has lost its legal protection in India from prosecution over user’s posts because it failed to comply with the new digital rules that directed it to appoint key officers in the country. It said that a case was filed in Uttar Pradesh against the social media giant over Tweets in an attack that the police say was an attempt to encourage communal trouble.
The Ministry of Electronics and IT said that the American firm has not yet complied with all the laws that were into effect on May 25.
"Due to their non-compliance, their protection as an intermediary is gone. Twitter is liable for penal actions against any Indian law just as any publisher is," the sources said.
The first case that made Twitter responsible for third party content was filed last night in Ghaziabad, UP alleging an assault on an elderly Muslim man on June 5. The social media site in the FIR has been accused of sharing misleading content on the incident. The elderly man, Sufi Abdul Samad alleged that he was forced to chant "Vande Matram" and "Jai Shri Ram" by a group that assaulted him and had also cut his beard.
The UP police said that the man was lying about the communal incident as suggested in tweets that six men had attacked him including Hindus and Muslims who were upset over amulets he had sold them, according to the police.
The UP police in its FIR charged twitter and several journalists for inciting "communal sentiments" with posts sharing the man's allegations. The police further said that a press release was also issued on June 14 clarifying that there was no communal angle to the incident despite it the tweets were not deleted and Twitter did not act to have the tweets removed.
"Since they do not enjoy any protection and they did not flag this video as manipulated media, they are liable for penal action," government sources said.
Twitter on June 9 had written to the centre claiming that it was making all possible efforts to comply with new guidelines concerning social media companies and has appointed a nodal contractual person (NCP) and Resident Grievance Officer (RGO) on a contractual basis and was in advanced stages of "finalising the appointment to the role of a chief compliance officer," sources said. This came after the ministry ad on June 5 gave the firm last notice to adhere to all the rules.
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"The provisions for significant social media intermediaries under the Rules have already come into force on May 26 2021 and it has been more than a week but Twitter has refused to comply with the provisions of these Rules. Needless to state, such non-compliance will lead to unintended consequences including Twitter losing exemption from liability as intermediary available under section 79 of the Information Technology (IT) Act, 2000. This has been provided under rule 7 of the aforesaid Rules," it said.