New Delhi: Union Information and Technology (IT) Minister Ravi Shankar Prasad on Wednesday said that the micro-blogging platform Twitter failed to comply with intermediary guidelines and has "deliberately" chosen the path of non-compliance despite being granted multiple opportunities.
Lashing out at the micro-blogging platform over non-compliance, Prasad said that it is "astounding" that Twitter that portrays itself as the flag bearer of free speech, chooses the path of deliberate defiance when it comes to the Intermediary Guidelines.
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.
— Ravi Shankar Prasad (@rsprasad) June 16, 2021
"There are numerous queries arising as to whether Twitter is entitled to safe harbour provision. However, the simple fact of the matter is that Twitter has failed to comply with the Intermediary Guidelines that came into effect from the 26 May," Prasad said in a series of posts on homegrown microblogging platform Koo.
There are numerous queries arising as to whether Twitter is entitled to safe harbour provision. However, the simple fact of the matter is that Twitter has failed to comply with the Intermediary Guidelines that came into effect from the 26th of May.
— Ravi Shankar Prasad (@rsprasad) June 16, 2021
The minister also tweeted on the issue. Prasad asserted that Twitter was given multiple opportunities to comply with the rules, but deliberately chose the path of non-compliance.
Further, Twitter was given multiple opportunities to comply with the same, however it has deliberately chosen the path of non compliance.
— Ravi Shankar Prasad (@rsprasad) June 16, 2021
The remarks from the Union IT Minister came shortly after it emerged that the micro-blogging platform Twitter has lost its 'intermediary' status in India over non-compliance with the new IT rules for the social media companies. Sources said that Twitter is the only mainstream social media platform that has not adhered to the new digital laws.
“Twitter has lost its intermediary status in India the moment they didn't comply with new IT rules. No order will be issued to declare them non-compliant,’’ the sources said as per news agency ANI.
The sources further added that Twitter will be liable for the content when it comes to it being violative of any law. They added that ''Twitter's communication in media is very vague.'' “If they have appointed anyone, they should share the name. who is that person,’’ the sources said.
This meant that instead of being considered just a platform hosting content from various users, Twitter will be directly editorially responsible for posts published on its platform.
Another implication of this development is that if there is any charge against Twitter for alleged unlawful content it would be treated as a publisher – not an intermediary – and be liable for punishment under any law, including IT Act, as also the penal laws of the country.
All this happened a day after Twitter said that it has appointed an interim Chief Compliance Officer and the details of the person will be shared directly with the IT Ministry soon.
Twitter has had several faceoffs with the Indian government over the past months, including during the farmers' protest and later when it tagged political posts of several leaders of the ruling party BJP as "manipulated media", triggering a sharp rebuke from the Centre.
Earlier this month, the government had given one last chance to Twitter to comply with the new IT rules, that came into effect on May 26, and had issued a stern warning that failure to adhere to the norms will lead to the platform losing exemption from liability under the IT Act.
"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 clearly been provided under rule 7 of the aforesaid Rules," it said.
