Rana Ayyub’s Tweets Under Fire: Government Threatens X Corp

“It is apposite to note that such inaction amounts to non-compliance with the due diligence requirements provided for in the applicable Rules and facilitates continues commission of unlawful acts by its user i.e. Rana Ayyub and a consequence thereof the protection of safe harbor available to the intermediary available under Section 79(1) is liable to be withdrawn.” This statement from the Union government underscores the escalating tension surrounding the tweets of journalist Rana Ayyub.

The controversy centres around a series of tweets posted by Ayyub between 2013 and 2017, which have been described as derogatory and inflammatory, particularly towards Hindu deities and historical figure Vinayak Damodar Savarkar. The government has taken a firm stance, asserting that X Corp, the parent company of the platform where Ayyub’s tweets reside, may lose its safe harbour protection in India for failing to act on these posts.

According to the Union government, X Corp has received judicial orders and statutory notices from the Delhi Police regarding the tweets. The government argues that the platform’s inaction constitutes a violation of the due diligence requirements outlined in Section 79 of the IT Act, which protects intermediaries from liability provided they promptly remove unlawful content upon notification.

The situation escalated further when the government filed an affidavit claiming that X’s failure to comply with these requirements amounts to a significant breach of its obligations. The Delhi High Court has also been informed that the police have requested action under Section 69A of the IT Act to block access to the tweets in question.

In light of these developments, the Union government emphasized that the police notices and trial court order constitute “actual knowledge” under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This knowledge triggers a statutory obligation for X to act expeditiously and remove the unlawful content.

As the situation unfolds, the implications for both Rana Ayyub and X Corp are significant. The government’s aggressive approach highlights the ongoing tensions between social media platforms and regulatory authorities in India, particularly regarding content moderation and freedom of expression.

With the stakes high, observers are keenly watching how X Corp will respond to the government’s demands and whether Ayyub’s tweets will remain accessible to the public. The outcome may set a precedent for how similar cases are handled in the future.

Details remain unconfirmed regarding the exact next steps X Corp will take in response to the government’s ultimatum, but the pressure is mounting as the deadline for compliance approaches.