In the standoff between GOI and Twitter, much more than meets the eyes

Is the extraordinary standoff between the Government of India and American social media service giant Twitter, all sound and fury signifying nothing, or is there more than meets the eyes? It was hinted during the week that Twitter could be banned in India (after all didn’t the Government ban Tiktok and other Chinese apps?). Twitter was reminded of the legal provisions, a violation of which could send their employees behind bars for several years. And Twitter in turn declared that the ‘legal bans’ demanded by the Government were possibly not consistent with Indian laws.

So, after famously banning former US President Donald Trump from its platform, what is Twitter fighting for in India? Free speech, greater transparency ?

Both Twitter and the Ministry of Electronics and Information Technology (MeitY) engaged in grandstanding this week in public. Twitter let it be known that it had temporarily complied with the ‘legal demand’ to block over 250 accounts before restoring them. It provoked the Government to issue a ‘Non-compliance Notice’ and threaten legal action.

The threats are real because Twitter risked losing the exemption from legal liability and its executives could go to jail for seven years if charged with non-compliance and if they are convicted.

But curiously the Government then asked Twitter to block 1178 accounts, which it claimed were propagating falsehood and disinformation about the farmers’ protest. It took objection to a hashtag ‘Farmers’ Genocide’ and claimed that many of these Twitter handles were backed by ‘Khalistanis’ and Pakistan. But Twitter not only refused to comply with the demand ‘fully’ but sought a meeting with the minister. It blocked 500 accounts listed by the Government but left the others alone. In a blog the company claimed that it had decided against blocking the accounts of media, journalists, politicians and activists because in its view the demand was ‘inconsistent with Indian laws’.

A furious MeitY turned down the request for a meeting with the minister and demanded that Twitter better comply or face the consequences. Union ministers used Twitter to condemn the platform and migrated to ‘Koo App’, the Indian version of Twitter. As if on cue, demand for banning Twitter in India began trending, well, on Twitter!

The virtual meeting between government officials and Twitter’s executives in the US on Wednesday was followed by a strongly worded statement by the ministry. It reiterated the Government’s stand that as an intermediary doing business in India, Twitter must comply with Indian laws or, well, wind up. But then banning Twitter in India may not be as easy as banning the Chinese apps; and not only because of India’s growing dependence on the US administration and business.

The Information Technology Act of 2000 with tweaks made later is, however, outdated, say observers. It is also not transparent. While section 69A empowers the government to deny access to the Internet to anyone and block citizens, it is not required to explain its conduct or give an opportunity for a hearing. The law gives the government all the power and the ‘victims’ need not even know the offence they are accused of having committed.

However, section 69A was upheld by the Supreme Court of India in 2015 only because it felt there were sufficient checks, provision for a hearing and a committee to take proportionate action and decide between taking off an offensive content and blocking the person permanently from the Internet or a platform.

But Twitter also has its ‘rules’ and appellate authorities. Its Artificial Intelligence can weed out offensive content and filter them. Issues can be escalated to the next level where executives can intervene. But can it be allowed to censor content?

Twitter officials certainly know the Indian laws. So, the question is why are they picking this fight with the Indian Government?

The most plausible explanation is that there is something more than meets the eyes. Neither the Indian Government nor Twitter can pretend to be champions of free speech, free Internet, Net neutrality and so on. On the other hand, Twitter would most certainly have enough damning information about Indian Government, politicians and bureaucrats, not to add politicians. The point is they can both damage each other’s credibility and interests. What they are fighting for is what is not known.

But people have the right to know and experts say that the issue should end up in a Constitutional Court so that the lines are drawn afresh for the sake of greater transparency and accountability.