The Indian government, alongside the Delhi Police, has informed the Delhi High Court that the social media platform X (formerly Twitter) could face a withdrawal of its safe harbour protection due to its inaction on posts deemed inflammatory by journalist Rana Ayyub. This announcement was made during a court hearing, emphasizing the need for X to comply with directives to remove specific posts that have raised significant concerns.
These posts, which date back to between 2013 and 2017, reportedly touch upon sensitive topics, including commentary on Hindu deities and remarks about VD Savarkar, a prominent figure in the Hindutva movement. The matter was brought to the court’s attention through a petition filed by lawyer Amita Sachdeva. She has urged that these six specific tweets be taken down, citing their derogatory and inflammatory nature as the basis for her request.
Justice Purushaindra Kumar Kaurav, presiding over the case, has highlighted the urgency of the situation, stating that both the government and X must work in unison to address the issue raised by the posts. Previously, the court had directed the police and the platform to take decisive action against Ayyub, underlining the potential legal repercussions for X if it fails to comply.
Under Section 79 of the Information Technology Act, social media platforms like X enjoy a safe harbour provision, which protects them from liability regarding user-generated content. However, this protection can be revoked if a platform does not promptly remove content that is found to be objectionable or illegal. The implications of losing this safe harbour status are significant, as it would mean X could be held accountable for the content shared by its users.
The court’s stern measures reflect a broader trend in India, where the government is increasingly scrutinizing social media platforms regarding their role in managing content that could escalate communal tensions or provoke violence. This case underscores the ongoing debate about the balance between freedom of expression and responsible content moderation, particularly when it involves sensitive religious issues. With the stakes high for both the platform and Ayyub, this case could set a precedent for how such matters are handled in the future.
