In a first, microblogging social media platform X (formerly Twitter) told the Delhi High Court that it supports Hindutva Watch's challenge against the government's blocking order.
Hindutva Watch is a United States-based research project that documents hate crimes against religious minorities in India. On X, it went by the handle @HindutvaWatchin. In January 2024, the Indian government blocked its X account.
Raqib Hameed Naik, the initiative's founder then sued the government and requested the Delhi High Court to pass an order directing restoration of the account. X is a party in the case.
The micro-blogging platform, in an affidavit filed on September 24, said that the court should set aside the blocking orders issued by the government under Sec 69 of the IT Act and that it "does not oppose" Naik's request to restore access to the account.
Moneycontrol has reviewed the affidavit.
This development marks a significant step in the ongoing battle between social media platforms and governments over content moderation and freedom of speech.
This is also not the first time X, formerly Twitter, has clashed with the Indian government over content moderation. Previous disputes have centered around issues such as the removal of controversial content, the blocking of accounts, and the platform's compliance with local laws.
'Records pertaining to blocking should be disclosed'
The microblogging platform has also come on record in support of Hindutva Watch's plea requesting the court to direct the government to produce records pertaining to its blocking.
Blocking orders under the 2009 Blocking Rules are confidential. After such an order is issued to the social media platform, the government holds a review meeting with the platform in this regard.
X also said that the court should direct the government to produce orders/findings of the review committee. These proceedings, too are confidential.
What happened since the blocking order
In January 2024, the Ministry of Electronics and Information Technology issued a notice to X under the IT Act proposing to block several URLs, including two posts and the entire account of Hindutva Watch, on the grounds that the content could incite violence and disrupt public order.
A meeting with the government was scheduled. During the meeting, X said that it argued that the posts flagged by the government were old and not inciteful, and thus, blocking the entire account was unjustified.
However, the government then issued a blocking order on January 15, 2024, to block the entire account. X said that the Blocking Order did not provide reasons as required by Section 69A(1) of the IT Act.
Then, on January 30, 2024, X filed an Objection Letter reiterating its stance that the entire account should not be blocked.
X also requested a hearing before the Review Committee under Rule 14 of the Blocking Rules but did not receive a response. Subsequently, Hindutva Watch was notified by X of the legal removal demand from the Indian government.
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