- Delhi High Court has pulled over Twitter for its non-uniform policy regarding the protection of free speech
- Apparently, Twitter’s new CEO Parag Agarwal had explicitly said that he does not need to abide by free speech rules
- The company has got too much power and it is now dictating terms. Both market and state institutions need to come together to protect the rights of individuals
Worldwide, Twitter has been in the news for all the wrong reasons. The company which was supposed to provide a platform to freethinkers has instead been denying their right to free speech. However, if there is a force, then there is always a counterforce. Delhi High Court is currently emerging as the biggest counterforce to the social media giant.
Bunch of petitions in the Delhi High Court
A single-judge bench of the Delhi High Court is currently hearing a bunch of pleas filed by various social media users aggrieved by the bizarre policies of Twitter. @Wokeflix, @Bharadwajspeaks, and various others have filed petitions in the High Court against the suspension of their Twitter account by the Parag Agrawal-run company.
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In January this year, Twitter had suspended the aforementioned accounts with lakhs of followers. @Bharadwajspeaks had challenged the suspension in Court by citing that his Constitutional Fundamental Rights guaranteed under Articles 14, 19, and 21 have been violated by Twitter’s suspension order. Later she was joined by the owner of another suspended Twitter account @Suryashdeep.
In their petition, they clearly stated that Twitter acted unilaterally and did not give them an opportunity to present their case. The plea read, “It is so offbeat and bizarre that except the aforementioned email (of January 20th, 2022), the petitioner was not afforded with any opportunity of hearing by the Respondent No. 2 and just on some assumptions, the latter suspended the Twitter handle”
The Delhi High Court had sought Twitter’s response on the matter.
MEITY defends free speech
A month later, Twitter again refused to acknowledge the legitimacy of law of the land by banning another famous account @wokeflix from its platform. The account allegedly was made to expose the falsehood of woke culture in Internet space. On March 8, High Court sought answers from the social media giant and the Central government on the matter.
In its response, the Modi government effectively sided with the freedom of speech. Ministry of Electronics and Information Technology (Meity) informed the Court that Social Media Platforms have to give a fair chance to their users.
Opining that Social Media Companies need to be balanced in their approach, Meity said, “If only some portion or few contents are unlawful then the platform may take proportionate action of removing such alleged information alone and not completely suspend the user account … the platform may give prior notice to the user and seek removal of specific information or content that violates the platform policies of the IT Rules, 2021,”
The affidavit also asserted that no matter whether it’s social media or real life, the liberty of individuals can not be curtailed. “Liberty and freedom of any individual cannot be waylaid or jettisoned in the slipstream of social and technological advancement”, the affidavit said.
Twitter is a serial offender
Reportedly, on its part, Twitter hired two advocates namely Senior Advocate Sajan Poovayya and Senior Advocate Rakesh Dwivedi to defend the company in Court. The former of the two argued that the petition against Twitter is not maintainable as it is a private entity.
Responding to it, Chetan Sharma, Senior Advocate & Additional Solicitor General of India, said, “Twitter cannot be high and mighty”
Earlier, Delhi High Court had pulled Twitter over its non-uniform policies regarding content moderation. On one hand, the platform swiftly banned the aforementioned accounts without hearing them, while on the other, they allowed an account to keep posting objectionable content against Maa Kaali.
Read more: Ye Bhedbhav Kyun? – Delhi HC roasts Twitter to crisp for its double standards on insult to the Hindu deities
According to a LiveLaw report, when the US-based company replied by saying that it cannot block all the accounts as there are all kinds of content on the platform, the Delhi high court retaliated, “If this is the logic, then why have you blocked Mr. Trump?”
Time and again, Twitter has manifested that it does not abide by the free speech principle. Its new CEO, Parag Agarwal had stated that his company won’t be bound by the free speech clause in America, the country where Twitter’s headquarter is located.
Read more: Twitter is openly challenging government’s rules regarding fake news, but Ashwini Vaishnaw seems hardly concerned
Even before that Twitter has been in news for various rounds of regulatory scuffle between it and various governments around the world, including the Indian government. The company which was supposed to spread democracy is now curtailing its spread. Both market and state institutions need to come together to protect the rights of individuals on the platform.