Rana Ayyub’s tweets have sparked a significant legal controversy in India, with potential repercussions for X Corp.
“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 continued 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thereof the protection of safe harbor available to the intermediary available under Section 79(1) is liable to be withdrawn,” stated the Union government in a recent legal filing.
This statement underscores the escalating tensions surrounding a series of tweets posted by journalist Rana Ayyub between 2013 and 2017. The tweets in question have been described as derogatory, inflammatory, and communally sensitive, allegedly insulting Hindu deities and prominent historical figures such as Vinayak Damodar Savarkar.
The controversy has led to significant legal ramifications for X Corp, the parent company of the platform where Ayyub’s tweets were shared. The Union government has indicated that X Corp may lose its safe harbour protection in India due to its failure to remove these contentious tweets.
According to the government, X Corp received a judicial order and statutory notices from the Delhi Police regarding the tweets. This situation places X Corp in a precarious position, as Section 79 of the IT Act provides safe harbour protection to intermediaries only if they adhere to due diligence and promptly remove unlawful content upon notification.
The government further elaborated that X’s inaction constitutes non-compliance with these due diligence requirements. This legal framework is critical, as it aims to hold intermediaries accountable for the content shared on their platforms.
In a related development, the Delhi High Court was informed that the police had requested action under Section 69A of the IT Act to block the tweets. This request highlights the urgency with which authorities are treating the matter.
Moreover, 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 for X Corp to act expeditiously and remove such unlawful content.
The ongoing legal proceedings are part of a broader initiative by the government, which has initiated actions under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.
As the situation unfolds, the implications for both Rana Ayyub and X Corp remain significant. The outcome of these proceedings could set a precedent for how social media platforms handle sensitive content in India.
Details remain unconfirmed regarding the next steps in this legal battle, but the stakes are high for all parties involved.
