Twitter’s lawyer on October 27, said before the Karnataka High Court that Union government orders to block certain Twitter handles and posts must contain reasons for the same that can be communicated to users of the microblogging site. He said this applies to all blocking orders sent to social media platforms. The lawyer representing Twitter said that reasons for the blocking order must be provided to users so they can determine whether or not they want to challenge the orders.
Challenging the blocking orders, Twitter’s July 5 petition contended that several blocking orders “demonstrate excessive use of powers and are disproportionate”. Such orders can only be issued by the Union government and not the state governments, he said, which increases the danger of such abuse. Twitter also claimed that the Ministry of Electronics and Information Technology had sent it a letter threatening consequences for failing to comply with the blocking orders, such as criminal proceedings against the company’s chief compliance officer and the stripping away of Twitter’s safe harbour immunity, otherwise available to social media platforms under Section 79(1) of the Information Technology Act (the “IT Act”). Note that the Government has the power to strip away such safe harbour immunity under the IT Act. Further, in a previous hearing, Twitter’s lawyer said that the company was asked to block entire accounts, although Section 69A of the IT Act does not permit blocking of the whole account. It only permits the blocking of information, or a particular tweet or post. It argued that the Union government’s direction to block whole accounts will affect its business, adding that several prominent persons have their accounts on the platform.
Sunil sends UnReal a fifth blocking order, which says that several of Sachin’s latest posts must be blocked. The blocking order sets out several reasons why the posts should be blocked, but UnReal does not find them satisfactory. Rather than take on another fight with a government official, however, UnReal blocks the posts, and gives Sachin what it thinks is a better set of reasons for blocking the posts. When Sachin finds out, he claims this was wrong on UnReal’s part, and that the blocking order was inappropriate. Which of the following is most accurate in this regard?
Correct Answer :
The blocking order was valid, but UnReal’s actions were inappropriate.
Solution :
Correct Answer: The blocking order was valid, but UnReal’s actions were inappropriate.
Step-by-step Explanation:
1. Analyzing the Blocking Order:
According to the passage, blocking orders sent by the Union government must contain reasons that can be communicated to users. In the given scenario, Sunil (a government official) sent a blocking order to UnReal specifying several reasons why Sachin's posts should be blocked. Since the blocking order contained reasons provided by the government, it fulfilled the requirement and was valid. UnReal's personal dissatisfaction with the provided reasons does not make the government order legally invalid.
2. Analyzing UnReal's Actions:
The passage emphasizes that the reasons for the blocking order issued by the government must be communicated to the user so they can decide whether to challenge the order. Here, UnReal substituted the government's official reasons with its own set of reasons before informing Sachin. By doing so, UnReal failed to convey the actual reasons for the government's blocking order, preventing Sachin from properly knowing or challenging the real grounds of the block. Therefore, UnReal's actions were inappropriate.
3. Conclusion:
Combining both points, the blocking order issued by Sunil was legally valid because it contained reasons, but UnReal's action of altering and giving its own set of reasons to Sachin was inappropriate.
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