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Twitter Loses Legal Protection In India As It Failed To Comply With New IT Rules In Time

MensXP logo MensXP 16-06-2021 Akshay Bhalla
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Twitter no longer has legal protection in India from prosecution over users’ posts because the company failed to comply with the new IT rules. It also happens to be the only social media company in India that has failed to adhere to the new rules. 

The new ruling comes after government sources said today that a case was filed in Uttar Pradesh against the social media giant over tweets that claimed that the UP police tried to incite communal violence, reports state.

Twitter has also lost its status as an intermediary. "Due to their non-compliance, their protection as an intermediary is gone. Twitter is liable for penal actions against any Indian law just as any publisher is," ANI reported citing sources.

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The first case that holds Twitter responsible for third party content was filed in Ghaziabad, Uttar Pradesh last night in connection with an alleged assault on an elderly Muslim man. Twitter has been accused in an FIR of not removing the “misleading” content from its platform. 

Twitter is now being treated as a publisher and is liable to punishment under the new IT rules if a case is filed against it for misleading content. Some of the top executives at the social media giant including the managing director in the country will stand to face police questioning and criminal liability under the Indian Penal Code. 

Twitter had stated earlier that the company has appointed an interim Chief Compliance Officer and the details will be shared with the IT ministry soon. The micro-blogging site was given one last chance to comply with the new IT rules. 

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The FIR filed against the social media giant refutes the communal angle and gives details about the incident. However, even after clarification, Twitter did not delete or act to have the tweets removed which prompted the government to remove its legal protection status as an intermediary.  

"Since they do not enjoy any protection and they did not flag this video as manipulated media, they are liable for penal action," ANI stated citing government sources.

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