Elon Musk, the owner of Twitter and a self-proclaimed "free speech absolutist," stated that the social media laws in India are strict and that his company cannot violate them. His comments come amidst a legal battle between comedian Kunal Kamra and the Indian government over the recent amendment to IT Rules, which Kamra argues violates freedom of speech and expression.
When asked about the blocking of content related to a BBC documentary on Prime Minister Narendra Modi's role in the 2002 Gujarat Riots, Musk said that he was not aware of the situation and did not know the details. However, he acknowledged that the social media laws in India are stringent and that his company cannot surpass them.
Musk emphasized that if Twitter had to choose between complying with the laws or facing imprisonment, they would choose to comply with the laws. In a Twitter Spaces conversation with a BBC journalist, Musk reaffirmed that Twitter would have to adhere to the laws of the country where they operate, including in India.
Elon Musk's recent comments on the strict social media laws in India mark a shift from his previous stance on free speech. In a court filing, Musk had earlier stated his support for free speech but emphasized that moderation on Twitter should follow the laws of the countries where the platform operates.
It is important to note that non-compliance with India's Information Technology Rules 2021, which impose additional due diligence requirements for significant social media intermediaries, could lead to the loss of safe harbour status under the IT Act. This provision provides internet platforms with legal immunity against content shared by users on their platforms.
Under the IT Rules, companies must appoint personnel such as a grievance officer, nodal contact person, and chief compliance officer (CCO), and failure to comply could result in the CCO facing criminal charges and even imprisonment.
In 2021, the Delhi Police visited the offices of Twitter India in Delhi and Gurugram to serve a notice in connection with the "Congress toolkit" case. Around the same time, a case was filed against Twitter for not complying with the new IT Rules that came into force in May 2021.
Recently, the Indian government amended the IT Rules to mandate a Centre-appointed organization to identify false or misleading content relating to the government. Social media platforms will be required to follow these instructions, and non-compliance may result in the loss of their safe harbour status.
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