“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thereof the protection of safe harbor available to the intermediary available under Section 79(1) is liable to be withdrawn,” stated a representative from the Union government regarding the ongoing situation surrounding Rana Ayyub’s tweets.
The tweets in question, posted by Ayyub between 2013 and 2017, have drawn significant attention for allegedly insulting Hindu deities and the historical figure Vinayak Damodar Savarkar. The Union government has indicated that X Corp, the parent company of the platform where the tweets were posted, may lose its safe harbour protection in India due to its failure to remove this content.
According to the government, X Corp has received judicial orders and statutory notices from the Delhi Police concerning these tweets. The legal framework under Section 79 of the Information Technology (IT) Act provides safe harbour protection to intermediaries, contingent upon their adherence to due diligence and prompt removal of unlawful content upon notification.
The government has filed an affidavit asserting that X’s inaction constitutes a breach of these due diligence requirements. This assertion is critical as it highlights the potential legal repercussions for X Corp if it does not comply with the directives issued by the authorities.
Furthermore, the Delhi High Court was informed that the police had requested action under Section 69A of the IT Act to block the tweets, which underscores the seriousness of the allegations against Ayyub’s posts. The tweets have been described as derogatory, inflammatory, and communally sensitive, raising concerns about their impact on social harmony.
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. This triggers a statutory obligation on X to act expeditiously and remove such unlawful content.
As the situation develops, the implications for X Corp and Rana Ayyub remain significant. The potential withdrawal of safe harbour protection could set a precedent for how social media platforms manage content that is deemed unlawful or offensive.
Details remain unconfirmed regarding the next steps that X Corp will take in response to these legal challenges. The outcome of this situation could have far-reaching effects on the regulation of social media in India.
