Twitter owner and "free speech absolutist" Elon Musk said unequivocally that the laws governing social media in India are "quite strict" and that the company cannot violate them.
This comes at a time when comedian Kunal Kamra has sued the Indian government over the recent amendment to IT Rules, claiming it violates freedom of speech and expression.
Musk said this while responding to a query pertaining to the blocking of content related to a British Broadcasting Corporation (BBC) documentary on Prime Minister Narendra Modi's role in the 2002 Gujarat Riots.
"I am not aware of that particular situation. I don't know about that, what exactly happened in that situation in India. The rules in India for social media are quite strict and we cannot go beyond the laws of the country," Musk said in a Twitter Spaces conversation with a BBC journalist.
"If we have a choice of whether our people have to go to prison, or we comply with the laws, we will have to comply with the laws," he added.
This is the second time Musk has flip-flopped on his stand on free speech. Earlier in a court filing, Musk submitted that while he is a ‘proponent of free speech', he believes that moderation on Twitter should "hew close to the laws of countries in which Twitter operates".
It is important to note that failure to comply with India's Information Technology Rules 2021, which mandated additional due diligence requirements for significant social media intermediaries, could result in such companies losing their safe harbour status under the IT Act.
The safe harbour provision gives internet platforms legal immunity against content shared by users on the platforms.
The IT Rules require companies to appoint personnel such as a grievance officer, nodal contact person, and chief compliance officer (CCO). Non-compliance with these rules could result in the CCO facing criminal charges and even jail term.
In early 2021, the Delhi Police visited the offices of Twitter India in Delhi and Gurugram to serve a notice in connection with the "Congress toolkit" case. This incident occurred around the same time when a case was filed against Twitter for not complying with the new IT Rules that came into force in May 2021.
The Indian government last week amended the IT Rules, mandating a Centre-appointed organisation to identify false or misleading content relating to the government. Social media platforms will be required to follow such instructions, and failure to do so may result in the loss of their safe harbour status.
This move has drawn ire from media groups like the Editors Guild of India, and digital rights groups.
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