“It is apposite to note that such inaction amounts to non-compliance with the due diligence requirements provided for in the applicable Rules and facilitates continues commission of unlawful acts by its user i.e. Rana Ayyub and a consequence thereof the protection of safe harbor available to the intermediary available under Section 79(1) is liable to be withdrawn.” This stark warning from the Union government underscores the escalating tension surrounding the tweets of journalist Rana Ayyub.
The controversy revolves around a series of tweets posted by Ayyub between 2013 and 2017, which have been described as derogatory, inflammatory, and communally sensitive. The government claims these tweets insult Hindu deities and the historical figure Vinayak Damodar Savarkar, sparking outrage among certain groups.
In a significant move, the Union government has indicated that X Corp, the parent company of the platform where Ayyub’s tweets reside, may lose its safe harbour protection in India. This protection, outlined in Section 79 of the IT Act, allows intermediaries to avoid liability for user-generated content, provided they act with due diligence to remove unlawful material when notified.
The government has filed an affidavit asserting that X’s failure to act on the judicial order and statutory notices from the Delhi Police constitutes non-compliance with these due diligence requirements. The police have requested action under Section 69A of the IT Act to block the tweets, further complicating the situation.
As the Delhi High Court was informed of these developments, the urgency of the matter became clear. The Union government emphasized that the police notices and trial court order constitute ‘actual knowledge’ under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, thereby triggering a statutory obligation for X to act expeditiously.
With the stakes rising, the potential withdrawal of safe harbour protections could have far-reaching implications for X Corp’s operations in India. The government’s actions reflect a broader trend of increasing scrutiny over social media platforms and their responsibilities regarding content moderation.
The tweets in question, which have been under fire for several years, have now become a focal point in a larger debate about freedom of expression and the limits of social media platforms in India. As the situation unfolds, the implications for both Ayyub and X Corp remain to be seen.
Details remain unconfirmed regarding the next steps in this unfolding saga, but the government’s firm stance indicates that the matter is far from resolved. The outcome could set a precedent for how social media companies navigate the complex landscape of content regulation in India.
