Case filed against Twitter by Delhi Police for child pornography

Team SoOLEGAL 3 Jul 2021 2:31pm

Case filed against Twitter by Delhi Police for child pornography

On Monday the Cyber Cell of Delhi Police filed a case against Twitter Inc. & Twitter Communication India Pvt. Ltd as the company failed to take appropriate actions on a complaint made by the (NCPR) National Commission for Protection of Child Rights. A complaint was filed by the organisation of child rights in May regarding content of child pornography on the social media platform. The NCPR is considered as the highest statutory body in India for child rights protection.

Initially a notice was sent to Twitter India asking them to take necessary actions on the offensive content being uploaded. The reply on behalf of Twitter India stated that since the actual company Twitter Inc, which is based out of the USA works contractually in India, the responsibility of taking actions lies with them. According to the documents submitted to Ministry of Corporate Affairs, 99 percent  holding of  Twitter India is of the actual company Twitter Inc. It was argued on behalf of NCPR that the abovementioned fact clearly shows that it’s not a contractual arrangement and charged Twitter of providing with wrong information. Twitter India was also accused of violating the Protection of Children from Sexual Offences Act, 2012. The  FIR by Delhi Police charges Twitter withSection 15 and 19 of POCSO, that punishes storage of child pornographic material and on failure to take action against abusive sexual content of children to the authorities. Additional charges under Information Technology Act, 2000 and Indian Penal Code, 1860 may also be faced by Twitter.

Remarkably, the social media monster's protected harbor security for the content shared on its platform stays in an in-between state after its rehashed resistance with the central government's new IT Rules of 2021. On the off chance that a court rules against Twitter's delegate status, the company's responsibility would extend past the, cooperation and 

failure of due diligencewith authorities, to punish for distributing and publishing child pornographic content under Section 67B  of the IT Act.

Tagged: Delhi Police   Twitter   child pornography   Cyber Cell   NCPR   Child Rights   India   Protection of Children from Sexual Offences Act   POCSO   Information Technology Act   Indian Penal Code  
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