Hindu Editorial Analysis : 3-July-2023

In a recent ruling, the Karnataka High Court criticized Twitter for not adhering to blocking orders issued by the Ministry of Electronics and Information Technology (MeitY). Examines the constitutionality of blocking orders, analyzes the court’s judgment, and discusses the issues and criticisms raised in relation to free speech and expression.

Constitutionality of the Blocking Orders

Information Technology Act, 2000

  • Section 69A of the Information Technology Act, 2000, empowers the state to issue blocking orders in cases of emergency based on various grounds, such as sovereignty, defense, security, friendly relations with foreign states, public order, and prevention of cognizable offenses.
  • The Information Technology Rules, 2009, outline the procedure for issuing blocking orders under Section 69A.
Karnataka High Court’s Recent Judgment

Dismissal of Twitter’s Challenge

  • The Karnataka High Court rejected Twitter’s challenge to the blocking orders issued by MeitY for taking down Twitter accounts and specific tweets.
  • The court clarified that the observations made in the Shreya Singhal case should not be interpreted as requiring notice to users or conveying the reasons for blocking to the users.
  • The court also stated that Twitter cannot advocate for the claims of the affected users who had not approached the High Court themselves.
Issues & Criticisms of the Judgment

Undermining the Right to Free Speech

  • The judgment raises concerns about undermining the right to free speech and expression by granting unchecked power to the state to take down content without following established procedures.
  • It establishes a concerning trend of restricting digital rights and free speech under the pretext of combating false speech dissemination.
Questioning Reasonable Grounds
  • Misinformation and fake news should not be grounds for restricting free speech under Article 19(2) and Section 69A.
  • The Supreme Court has consistently maintained that speech can only be restricted if it poses a direct threat to public order.
  • However, the High Court believes that the blocking orders are “well-reasoned” even though they fail to establish a clear link between the speech and public order or state security.
Excessive and Arbitrary Measures
  • Disproportionate Internet shutdown orders, like those in Manipur, are frequently employed to curb the spread of false speech and misinformation.
  • This trend of restricting fundamental rights with the pretext of combating “fake news” is reminiscent of the state invoking national security to justify excessive and arbitrary laws.
  • The High Court’s judgment undermines procedural safeguards, eroding the principles of natural justice, which require the affected party to present their case effectively.
Limiting Future Speech and Expression
  • The High Court rejected Twitter’s argument that Section 69A only permits the blocking of specific tweets.
  • The wholesale blocking of Twitter accounts amounts to prior restraint on the freedom of speech and expression, limiting future speech and expression.
Why In News

Recently, the Karnataka High Court issued a stern rebuke to Twitter, expressing disappointment over its failure to adhere to the blocking orders issued by the Ministry of Electronics and Information Technology (MeitY). The court emphasized the importance of upholding the legal framework and urged Twitter to promptly comply with the directives to maintain law and order in the digital realm.

MCQs about Implications for Free Speech and Expression

  1. According to the Information Technology Act, 2000, under what grounds can blocking orders be issued?
    A. Economic stability and development
    B. Sovereignty and integrity of India
    C. Protection of intellectual property rights
    D. Promotion of cultural diversity
    Correct Answer: B. Sovereignty and integrity of India
    Explanation: Section 69A of the Information Technology Act, 2000 empowers the state to issue blocking orders on grounds such as sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign States, public order, or preventing incitement to the commission of any cognizable offense relating to the above.
  2. What did the Karnataka High Court dismiss in its recent judgment?
    A. Twitter’s challenge to the blocking orders
    B. MeitY’s authority to issue blocking orders
    C. The constitutionality of the Information Technology Act
    D. The right to freedom of speech and expression
    Correct Answer: A. Twitter’s challenge to the blocking orders issued by MeitY
    Explanation: The Karnataka High Court dismissed Twitter’s challenge to the blocking orders issued by the Ministry of Electronics and Information Technology (MeitY) in connection with the taking down of Twitter accounts and specific tweets.
  3. What criticism was raised regarding the Karnataka High Court’s judgment?
    A. It overprotects the right to free speech and expression
    B. It establishes a clear link between speech and public order
    C. It undermines procedural safeguards and principles of natural justice
    D. It allows Twitter to advocate for affected users’ claims
    Correct Answer: C. It undermines procedural safeguards and principles of natural justice
    Explanation: The judgment was criticized for undermining procedural safeguards and principles of natural justice by not allowing affected parties to present their case effectively.
  4. What impact does the wholesale blocking of Twitter accounts have on free speech?
    A. It promotes freedom of expression by restricting false speech
    B. It safeguards public order and state security effectively
    C. It limits future speech and expression by imposing prior restraint
    D. It enhances digital rights and combats misinformation
    Correct Answer: C. It limits future speech and expression by imposing prior restraint
    Explanation: The wholesale blocking of Twitter accounts amounts to prior restraint on the freedom of speech and expression, limiting future speech and expression.

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