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LATEST NEWS UPDATES | Fuzzy law, unclear jurisprudence, trampled rights -Gautam Bhatia

Fuzzy law, unclear jurisprudence, trampled rights -Gautam Bhatia

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published Published on Feb 15, 2021   modified Modified on Feb 15, 2021

-The Hindu

The legal regime that enables the government to block websites needs urgent reform

On February 1, 2021, in the wake of the intensification of the farmers’ protests and reports of violent incidents on January 26 – a number of Twitter accounts became inaccessible in India. These included (among many others) the accounts of The Caravan magazine, the actor Sushant Singh, and the Kisan Ekta Morcha handle, which was chronicling the protests. In the beginning, it was unclear whether this was Twitter’s decision, based on its belief that the accounts had violated its Terms of Service (the reason for its permanent suspension of Donald Trump from its platform, for example), or whether Twitter had been ordered to do so by the government, or by a court.

As outrage mounted, the Government of India clarified that it had invoked Section 69A of the Information Technology Act, and ordered Twitter to block access to these accounts. The reason, it appeared, was the use of the hashtag #ModiPlanningFarmerGenocide, which was deemed a threat to public order. The merits of this argument aside, the government’s Section 69A order was clearly an overreach even on its own terms, as media outlets such as The Caravan had not used the hashtag.

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The Hindu, 15 February, 2021, https://www.thehindu.com/opinion/lead/fuzzy-law-unclear-jurisprudence-trampled-rights/article33836573.ece?homepage=true


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