Reports of Twitter losing “intermediary status” is based on incorrect reading of the legislation, IFF says
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#TwitterBanInIndia went viral on social media platforms after inaccurate studies emerged. Internet Freedom Foundation termed the interpretation as incorrect and requested customers to train warning in opposition to such studies of any social media entity losing the “protective shield” of an “intermediary status”.
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Several media not too long ago reported that Twitter misplaced its “intermediary status” or “legal protective shield” in India for not complying with the nation’s new The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, which went dwell just a few weeks in the past. However, folks have to be cautious of such studies as they emerge from an “incorrect reading of the law”, in response to digital liberty organisation Internet Freedom Foundation (IFF).
Intermediary standing is not a registration granted by the authorities, however a technical qualification beneath Section 2(1)(ua)(w) of the Information Technology Act, IFF defined in a tweet. This part defines the time period ‘intermediary’, which refers to any specific digital information utilized by an individual to obtain, retailer or transmit any service, together with telecom, web and community service suppliers, search engines like google, on-line cost websites, online-auction websites, cyber cafes and on-line marketplaces.
“I would like to clearly state that the IT Act, IT Rules do not contain any power or process for grant or revocation of an “intermediary status”. Further, there is no fast penalty which flows from non-compliance past the loss of immunity that is decided by Courts on proof and authorized submissions which can embody authorities statements,” Apar Gupta, Executive Director of Internet Freedom Foundation, instructed The Puucho.
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Twitter’s case pertains to Rule 7 of the Act which solely states that provisions of Section 79 of the IT Act received’t apply to intermediaries that fail to look at the IT Rules.
#TwitterBanInIndia went viral on social media platforms after inaccurate studies emerged. IFF termed the interpretation as incorrect and requested customers to train warning in opposition to such studies of any social media entity losing the “protective shield” of an “intermediary status”.
“The stories citing a loss of intermediary status do not refer to any government order or gazette notification rooted in a legal provision. Hence it is not a legal determination. Even an official press statement is not publicly available yet,” IFF famous.
Ravi Shankar Prasad, Union Minister for Law & Justice, Communications, Electronics & IT, stated that Twitter has didn’t adjust to the middleman tips that got here into impact on May 26, regardless of being given “multiple opportunities to comply with the same” and has “chosen the path of non-compliance.”
Also Read | Will present particulars of compliance officer in per week: Twitter tells authorities
“It is astounding that Twitter which portrays itself as the flag bearer of free speech, chooses the path of deliberate defiance when it comes to the Intermediary Guidelines. Further, what is perplexing is that Twitter fails to address the grievances of users by refusing to set up process as mandated by the law of the land. Additionally, it chooses a policy of flagging manipulated media, only when it suits, its likes and dislikes,” he added.
Twitter on Tuesday stated it has appointed an interim Chief Compliance Officer and the particulars of the official shall be shared straight with the IT Ministry quickly.
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