Lawstreet Journal

Twitter Tells Telangana HC that it is not Amenable to Writ Jurisdiction in India, Seeks Safe Harbor Protection Under IT Act, 2020

Lawstreet Journal 2 Oct 2020 6:29pm

Image courtesy: Lawstreet Journal Business Twitter Tells Telangana HC that it is not Amenable to Writ Jurisdiction in India, Seeks Safe Harbor Protection Under IT Act, 2020

The Social media platform Twitter.inc has appealed against a PIL made by Advocate Khaja Aijazuddin stating that the company is being responsible for trending ‘Communal Hashtags’ in India. The company responded to the PIL by saying that it is not a ‘State’ within article 12 of the Indian Constitution as it is incorporated under the laws of the United States of America. The company also stated in its defense that though it not performing any kind of public function activities for which it is not being amenable for such a writ petition. 

The Telangana High Court issued a notice to the company to file a counter-affidavit to the petition in June. In July the DGP of Hyderabad informed the court that the objectional and hated tweets has been removed by the company to which the court did not find satisfactory and ordered the company to be present in the case.

Following the court’s order, Twitter has filed a counter-affidavit before the High court in which it has clearly stated that the company itself an intermediary and cannot be held responsible for any kind of contents posted by its users. It further added being an Answering Respondent it is being defined as an intermediary under Section 2(1)(w) of the IT act,2000 and it is only a mere platform which receives, stores, or transmits certain information over the internet on behalf of its users who originally creates such contents and are the real publishers of such and shall be held liable for any kind… Continue Reading...


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