November 17, 2021

Govt decides: Twitter no longer enjoys ‘safe harbour’ protection

The government has concluded that Twitter in India is no longer an “intermediary” and, therefore, cannot be provided the legal protection that is accorded to Internet intermediaries under Section 79 of the Information Technology Act, senior government officials said on Monday.

The Ministry of Electronics and Information Technology has arrived at this view after consultations with legal experts and other departments of the government over the last several days, and is likely to present it before the courts or law enforcement agencies as and when the need arises, the officials said.

“It is up to the courts to decide finally whether Twitter will still enjoy safe harbour status or not. As far as we (the IT Ministry) are concerned, our view is now decided. They (Twitter) have till date not complied with multiple norms,” a senior Ministry official said.

In February,…

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