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Twitter Has Lost Liability Protection in India, Government Says (techcrunch.com) 185

Twitter no longer enjoys the liability protection against user-generated content in India, the government said in a court filing this week as tension escalates between the two over the South Asian nation's new IT rules. From a report: In a court filing on Monday, New Delhi said Twitter has lost its immunity in India after the American social network failed to comply with the new local IT rules, which were unveiled in February and went into effect in late May. Experts have said in recent weeks that the Indian court -- and not the Indian government -- holds the power to decide whether Twitter gets to keep its safe harbor protections in the world's second largest internet market.

Internet services enjoy what is broadly referred to as "safe harbor" protection that say that tech platforms won't be held liable for the things their users post or share online. If you insult someone on Twitter, for example, the company may be asked to take down your post (if the person you have insulted has approached the court and a takedown order has been issued) but it likely won't be held legally responsible for what you said or did. Without the protection, Twitter -- which according to mobile insight firm App Annie, has over 100 million users in India -- is on paper responsible for everything those users say on its platform.

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Twitter Has Lost Liability Protection in India, Government Says

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  • by EirikFinlay ( 6179140 ) on Tuesday July 06, 2021 @05:56AM (#61554856)

    opinions and ideas that they didn't like, they wanted to decide what consenting adults were allowed to write and read on their platform.

    By doing so they PROVED to be perfectly capable to censor whatever content their users posted, hence they became responsible for the content they let on their platform making them complicit to any law being violated by their users.

    So Twitter, you wanted the right to censor, now you have the burden to censor and if you fall to do so there will be legal consequences.

    Congratulations and good luck.
    Every action has an opposite and equal reaction, i guess.

    • Re: (Score:3, Insightful)

      by MrL0G1C ( 867445 )

      Being able to stop a few trolls after they have been reported is not the same as being able to nanny all 100000000 Indian users to make sure they don't say something the law deems libellous.

      Expecting a platform to be able to read billions of comments at the level of a libel lawyer is absurd. This is pretty much what the Indian gov't is asking for - the impossible.

      • by jlar ( 584848 ) on Tuesday July 06, 2021 @08:20AM (#61555173)

        Being able to stop a few trolls after they have been reported is not the same as being able to nanny all 100000000 Indian users to make sure they don't say something the law deems libellous.

        Expecting a platform to be able to read billions of comments at the level of a libel lawyer is absurd. This is pretty much what the Indian gov't is asking for - the impossible.

        No, that is the consequence of Twitter failing to live up to the law of the land. The court has basically told Twitter that they have lost their safe harbor protections because they have failed to live up to the law. If they had lived up to the law they would still have their safe harbor protections.

        Not that I agree with the law. But India is a democracy and if they decide that is the way they want to regulate media companies, then that is their prerogative.

        • by Rhipf ( 525263 )

          Based on the summary you are actually wrong. The Indian courts haven't said anything about Twitter losing its right to safe harbour. It is the Indian government that has said in court that Twitter is no longer eligible for safe harbour status. The court has yet to rule on that statement.

          • by jlar ( 584848 )

            Based on the summary you are actually wrong. The Indian courts haven't said anything about Twitter losing its right to safe harbour. It is the Indian government that has said in court that Twitter is no longer eligible for safe harbour status. The court has yet to rule on that statement.

            Yes, you are right.

            • by Rhipf ( 525263 )

              Yes, you are right.

              It has to happen once in a while. Now I just have to wait another 5+ years until it happens again.

              8^)

      • Being able to stop a few trolls after they have been reported is not the same as being able to nanny all 100000000 Indian users to make sure they don't say something the law deems libellous.

        Expecting a platform to be able to read billions of comments at the level of a libel lawyer is absurd. This is pretty much what the Indian gov't is asking for - the impossible.

        Thy know that. They just want twitter gone.

      • The government sure as hell doesn't see it that way. They see it as "Oh, you have the ability to censor trolls? OK, then we need you to censor these other things for us too."

        This is a fundamental difference between government and private entities. What you say would apply to a private entity - they wouldn't make an absurd request like this because of the astronomical amount of money Twitter would charge them for the service of removing all instances of libel. But it doesn't apply to the government becaus
        • by MrL0G1C ( 867445 )

          There's costs that can be swallowed and then there's silly astronomical costs, this falls into the later category. It's not twitter won't read every post, it's twitter can't read every post without quickly going bankrupt. Stupid politicians are asking for impossible feats.

          Also to consider - how on earth is twitter even supposed to know whether or not a tweet is libel without not just reading every tweet but also researching all parties concerned to see whether or not what is said in the tweet is true. And s

      • by cpt kangarooski ( 3773 ) on Tuesday July 06, 2021 @07:58PM (#61557473) Homepage

        Expecting a platform to be able to read billions of comments

        What about hundred crores of comments?

    • Re: (Score:3, Insightful)

      by Ostracus ( 1354233 )

      Every action has an opposite and equal reaction, i guess.

      Of course, so what should be the reaction to when "consenting adults" can't control themselves and say whatever and whenever what comes to mind? That's right, society steps up to the plate and does what the "consenting adults" are unable to do. That's moderation, something that's been going on as long as there has been societies. Which is why one should take care in what one says, and if it's something that needs to be said taking the fallout that goes with it instead of playing the victim card.

    • By doing so they PROVED to be perfectly capable to censor whatever content their users posted, hence they became responsible for the content

      That's not how the world works. Just because I can kick you out of my house doesn't make me responsible or liable if you go on a bender and murder someone in it, or stand at the window and shout racist shit at someone.

  • According to the article, there are at least two things they India is demanding:

    "appoint a chief compliant officer, a resident grievance officer, and a so-called nodal contact person to address on-ground concerns"

    "mandate operators of encrypted messaging apps to introduce a way for the law enforcement to be able to âoetraceâ the originator of objectionable messages"

    I don't think the second applies to Twitter, but, predictably, Signal hasn't responded to them on either matter.

    • by MrL0G1C ( 867445 )

      "appoint a chief compliant officer, a resident grievance officer, and a so-called nodal contact person to address on-ground concerns"

      Fine, I'll do it so long as I can work from home and am not legally liable. Pay me in doge coins or what-ever is more environmentally nice and untraceable.

    • "appoint a chief compliant officer, a resident grievance officer, and a so-called nodal contact person to address on-ground concerns" Twitter is big enough to be treated like a newspaper , radio or TV show. But this should apply to YouTube , FB etc⦠Many countries have corporations governance laws. Especially product liability in case consumers get hurt. If this is what India s constitutes want then their prerogative.
  • To be made available purely in India. The name 'Twitter' is licenced to it by Twitter, but it is essentially a 'censor compliant version'. This allows real Twitter to continue unconstrained - and beyond the immediate reach of the Indian government, unless it blocks the domain.

  • by NewYork ( 1602285 ) <4thaugust1932@gmail.com> on Sunday July 11, 2021 @04:29AM (#61571683) Homepage

    Those who deny freedom to others, deserve it not for themselves --Abraham Lincoln (b. 1809)

    Govt laws/Court judgements should not break the spirit in Constitution;
    Otherwise the Country will die;

The truth of a proposition has nothing to do with its credibility. And vice versa.

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