Section 69A of the IT Act

This article will cover detailed information about Section 69A of the IT Act.

Key Points

Background

Twitter had been speaking to the Ministry of Electronics & Information Technology about the reconsideration of the blocking orders.

In June 2022, the IT Ministry had asked Twitter to comply with its orders by July 4, or Twitter will lose its safe harbour protection under the intermediary rules.

About Section 69A of the IT Act

It gives the government the authority to impose restrictions on any content in the interest of

Security of the state
Sovereignty and integrity of the country
For public order
Friendly relations with foreign states

All instructions to limit the dissemination of information or content must be put in writing.

Penalty:

Failure to abide by the regulations are liable to financial penalties as well as a seven-year maximum imprisonment sentence.

Why has Twitter filed a lawsuit?

Twitter has claimed that many of the blocking orders are procedurally and substantively deficient under Section 69 (A) of the Act.

Its petition points to two structural problems:

Lack of a case-specific justification for censoring content and accounts.
Not in accordance with the originators of the content, who oppose the mandatory hearing.

What types of content have been covered under Section 69A?

According to the Supreme Court, the content must be viewed from the standards of a “strong-minded, firm and courageous” person.

The evaluation must not be made from the perspective of a “weak” and “vacillating” individual who would see danger in every opposing viewpoint.