{"id":275889,"date":"2021-06-16T09:10:08","date_gmt":"2021-06-16T06:10:08","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/twitter-could-lose-its-safe-harbor-in-india-but-its-complicated\/"},"modified":"2021-06-16T09:10:08","modified_gmt":"2021-06-16T06:10:08","slug":"twitter-could-lose-its-safe-harbor-in-india-but-its-complicated","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/twitter-could-lose-its-safe-harbor-in-india-but-its-complicated\/","title":{"rendered":"#Twitter could lose its safe harbor in India \u2014 but it\u2019s complicated"},"content":{"rendered":"

“#Twitter<\/a> could lose its safe harbor in India \u2014 but it\u2019s complicated<\/strong>”
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Twitter might lose its safe harbor protection in India, as the company is yet to comply with the country\u2019s new intermediary rules. This means it\u2019ll be liable for all content posted on the site by users and can be subject to penal action. But it\u2019s not straightforward.<\/p>\n

While there\u2019s no official word, government sources told ANI<\/a> that it\u2019s the only major social network that hasn\u2019t taken necessary steps to comply with the rules:<\/p>\n

Twitter to lose its status as intermediary platform in India as it does not comply with new guidelines, it is the only social media platform among mainstream that has not adhered to new laws.<\/span><\/p>\n<\/blockquote>\n

Ameet Datta, a lawyer, noted that while the government will have to get a court order to remove Twitter\u2019s intermediary status.<\/p>\n

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It will need a court order. The Govt can very well claim @twitter<\/a> is not an intermediary but a court will have to decide that.<\/p>\n

\u2014 Ameet Datta \ud83c\uddee\ud83c\uddf3 (@DattaAmeet) June 16, 2021<\/a><\/p>\n<\/blockquote>\n

Additionally, Internet Freedom Foundation (IFF), a digital rights organization, wrote an explainer stating\u00a0there\u2019s no clear registered certification for intermediaries<\/span>. Plus, only courts could decide if an entity protected under intermediary rules or not.<\/p>\n

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That said, given the political climate in the country, it\u2019s fairly likely that Twitter will find itself mired in legal quandaries in India over content posted on its platform in the near future.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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1\/ Fact check: We would like to caution against news<\/a> reports of any social media entity (a significant entity) losing the \u201cprotective shield\u201d of an \u201cintermediary status\u201d. This emerges from an incorrect reading of the law. #TwitterBanInIndia<\/a>https:\/\/t.co\/r3QNIHDx80<\/a><\/p>\n

\u2014 Internet Freedom Foundation (IFF) (@internetfreedom) June 16, 2021<\/a><\/p>\n<\/blockquote>\n

These guidelines \u2014 which came into effect on May 26 \u2014 require a large social network with more than 5 million users to app<\/a>oint a nodal official, a compliance officer, and a grievance officer in the country to address concerns relating to the content it hosts.<\/span><\/p>\n

[Read: Why entrepreneurship in emerging markets matters]<\/em><\/p>\n

While last month, the firm appointed an interim nodal and grievance officer<\/a>, they\u2019re not a Twitter employee as required by the rules. The company said that it has opened up job postings for all these roles and will provide details soon.<\/p>\n

In a statement, the company said that it\u2019s informing the IT ministry of all the\u00a0steps it has taken to meet compliance:<\/p>\n

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We\u2019re keeping MeitY (Ministry of Electronics & IT) apprised of progress at every step of the process. The interim chief compliance officer has been retained and details will be shared with Ministry directly soon. Twitter continues to make every effort to comply with new guidelines<\/span><\/p>\n<\/blockquote>\n

Last night, cops lodged a complaint against Twitter in the northern state of Uttar Pradesh related to tweets<\/a> on the assault of an elderly person in the area. If the social network loses its\u00a0safe harbor protection, authorities can take action against the company for a user\u2019s objectionable tweets.<\/p>\n<\/div>\n