While media reports on Twitter losing its “intermediary status” may have misled some readers, it is increasingly clear that the government is determined to bring all social media to heel. To this end, the new Information Technology (Intermediary Guidelines etc) Rules, 2021, compel “significant social media intermediaries” to implement additional measures or risk losing their immunity from prosecution.These measures now require these companies to (1) implement a functioning grievance redressal mechanism, (2) implement a more accountable takedown system, as for example to deal with revenge porn, (3) appoint India-based compliance officers, (4) provide the government with a physical address at which notices can be served, and so forth.In the face of this sovereign aggression, Twitter’s reluctance to appoint a statutory compliance officer to bear criminal liability for content posted on the platform has seen significant media airtime.Obviously, anyone applying for the job is basically asking to be paid to go to jail and Twitter will have some difficulty finding a suitable candidate!Bear in mind that Twitter is a company resident in the US and has no Indian office. Twitter Communications India Pvt Ltd, an affiliate, does have an office in India but there is a corporate veil between them. But…
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Should Twitter even be picking a fight with the Indian government?
