Twitter drags government to court, challenges content takedown orders

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Aggrieved by the government's orders and notice, Twitter has argued in its plea that the government's use of power to issue takedown orders is excessive and disproportionate.

As per Twitter, MEITY is authorised to issue directions for suspending accounts and tweets under Section 69A. But, the plea in HC argues that this power can be used only in cases involving national security, public order and incitement to offences. Twitter has submitted that several suspension orders by the government had no relation to national security, public order or incitement to an offence.

Twitter has also submitted that the IT Rules provide for a review of takedown orders. The plea argues that the government has tried to enforce suspension orders even while the review is pending, making the orders procedurally deficient.

Another concern raised in the plea is the possible violation of right to free speech. The plea argues that the current framework, provides no notice or hearing to content creators before taking down the tweet or account.

The Twitter plea also points towards arbitrariness of government orders where it has been asked to disable user accounts for a single tweet or post.

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