Twitter can’t have FoE protection under Article 19: Centre before HC
Arguing before the Karnataka high court, the central government said that the US-based microblogging platform Twitter is not entitled to protection under Article 19 of the Constitution. This is because the Article grants freedom of speech and expression only to Indian citizens, organisations, and not to foreigners. A number of blocking orders issued by the Centre between February 2, 2021, and February 28, 2022 were being contested by Twitter in court.
It stated that because the content creator was not given a heads-up, the directions were "arbitrary". They are not entitled to protection under Article 19 as it is a foreign entity, the government's additional solicitor general (South) R Sankaranarayanan said in his argument before the HC.
Twitter has contended that the Centre's order to delete an account for a specific tweet violates Article 14's guarantee of equality as well as Section 69A of the information technology law.
Every time Twitter was asked to identify the author, according to Sankaranarayanan, the firm cited its confidentiality policy. The "doctrine of proportionality," which prohibits taking actions that are more extreme than necessary to attain specific outcomes, has changed, according to Sankaranarayanan, and cannot be used as a crutch.
According to him, even the Supreme Court believed the creator should be mentioned in instances it had decided.
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