How Twitter is not right.

 Twitter Inc., USA, a public corporation since Sept. 2013, has made spectacular financial growth, since its inception in April 2007. The 'promoted tweet' with its flagship earning tool, the corporation claims to be the promoter of Right to Free Speech and Protector of public health etc. as motto of the company. Today it has its presence in almost all the countries world over. In India, it has got status of an Internet Intermediary, under section 79 of the IT Act 2000. As a intermediary, a company should act a postman and not a tailor to distort or change the information or the contents posted by its user. 

As a responsible intermediary Section 79 expect due diligence from them so that content which is against the law or having potential of inciting offence, cause defamation should be removed, though protection from liability is secured and guaranteed for intermediary in this section for posting of unlawful content by its user, using services  of Intermediary company. What is due diligence, which is expected from such intermediary is not clearly defined anywhere in the Act and therefore earlier Information Technology (Intermediaries Guidelines) Rules, 2011 were framed and enforced. These rules are superseded by new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which were notified in Feb. 2021 and three months time was given to intermediaries including social media companies to comply with new rules.

These rules are neither challenged as unconstitutional nor its enforcement is stayed by any competent body and therefore they are vary much at place today. 

To comply with the said rules TWITTER, India, was to establish a grievance redressal mechanism and appoint three officers, viz, a Chief Compliance Officer who shall be responsible for compliance of the Information Technology Act and the rules framed there under, a Nodal Contact Person who shall be responsible for communication with law enforcement agencies and a Resident Grievance Officer who shall be responsible for the grievance redressal mechanism. 

Now for a company which claims to be champion of free speech, such provisions which shall strengthen the transparency, provide a mechanism for redressal of users grievances (Which is a statutory right of consumers in India), how it is intimidation? 

Moreover, when an intermediary company in the guess of due diligence, tag a post/information/content posted by its user as "manipulative media" isn't it amount to questioning the credibility of the user, without giving him any opportunity to prove the authenticity? Do such intermediary will allow to decide unilaterally against the rights of its user, in complete disregard of fundamental rights? Can a company bound by contract any citizen to deny his fundamental rights? And moreover when a foreign entity runs business in any other country, can they do the business in contravention of the laws of the land? 

Can't twitter, Inc. understand these basic legalities? they do. but the story seems to be much beyond what it looks like. following are some of the tweets which Twitter found offending or against the law and therefore either user account is suspended or permanently removed. on the other hand some of the more serious tweets and users are provided free heaven. 

Thus actions of the Twitter are so visibly discriminatory that any one can understand its not Free Speech or other moral and ethical rules which are instumental in taking actin but more commercial than anything else. 

In such circumstance, having audacity to tag "manipulative media" to the posts by more than 20 ministers in the government and not being able to provide the substance on the basis of which such question mark is put on the credibility of officers in the government, will not be acceptable to any sovereign state. It seems that to control the information world over such companies are systematically promoted and supported by the people in power.  This headline in the New York Times on 28.5.21 is one such example, 

So now a company can dictate a Sovereign Government about its policies, when its own working is so opque that, no body knows, who is responsible and where to approach for redressal of grievances against such companies. 

The action on the part of government of India is absolutely legal and in bare fulfillment of its duty to recognize and protect the rights of its citizen, including right to redressal and free speech. Twitter needs to learn that they are just a commercial entity and not a sovereign authority.