Toolkit Row- "Statements Mendacious, Designed To Impeded Lawful Enquiry": Delhi Police On Twitter's 'Potential Threat To Freedom Of Expression' Statement

This statement came in the backdrop of the Delhi Police's visit to Twitter's offices to allegedly serve a notice asking the company executives to join in the probe regarding the alleged "toolkit".

Now, the Delhi Police have replied to that statement stating that Twitter is purporting to be both investigating & adjudicating authority however, it has no legal sanction to be either.

"The only legal entity, so empowered by the duly laid down law, to investigate is the Police and to adjudicate is the Courts," added the Delhi Police.

The Controversy

Days after Twitter flagged several tweets by ruling BJP leaders on alleged strategy document ('Toolkit') of opposition (questioning Central government's approach in handling of COVID crises) as containing 'manipulated media', the Delhi police officials had visited its offices on Monday (May 24).

As reported by PTI (quoting an official), the Delhi Police sent a notice to Twitter in connection with an inquiry into a complaint, regarding the alleged 'COVID-19 toolkit' and sought a clarification from it as to why did it classify a related tweet by BJP leader Sambit Patra as "manipulative".

Twitter's statement

Stressing that it is deeply committed to the people of India and that its service has proven vital for the public conversation and a source of support for people during the pandemic, Twitter, in a series of tweets stated:

"We will continue to be strictly guided by principles of transparency, a commitment to empowering every voice on the service, and protecting freedom of expression and privacy under the rule of law…Right now, we are concerned by recent events regarding our employees in India and the potential threat to freedom of expression for the people we serve."

Significantly, underlining that it will continue its constructive dialogue with the Indian Government as it believes that the same is critical to adopt a collaborative approach, Twitter has stated:

"We, alongside many in civil society in India and around the world, have concerns with regards to the use of intimidation tactics by the police in response to enforcement of our global Terms of Service, as well as with core elements of the new IT Rules." (emphasis supplied)

Further, stating that it plans to advocate for changes to elements of these regulations that inhibit free, open public conversation, twitter stressed that it believes that it is the collective responsibility of elected officials, industry, and civil society to safeguard the interests of the public.

Delhi Police Statement

Calling the statements of Twitter as not only mendacious but designed to impede a lawful inquiry by a private enterprise, the Delhi police have stated that Twitter, being a public platform must lead in demonstrating transparency in its functioning & should bring clarity into subject matters of the public domain.

Further, clarifying that since the matter has been put in the public domain (by Twitter), the Delhi Police have averred that it is important to set record straight on 'tendentious' statements made.

The Delhi Police have also sought to make it clear that the preliminary inquiry has been taken up by it at the complaint filed by the representative of the Indian National Congress and that Twitter portrayal that it as an FIR filed at the behest of the Government of India is "wholly and completely incorrect."

The Statement further reads:

"Twitter declared that the toolkit was 'Manipulated Media', this clearly shows that it was acquainted with the facts of the case & had material information relevant to the probe. Hence, Twitter was asked to join the inquiry to provide the information it possesses. Its latest statements are devised to seek dubious sympathy when they themselves not only refuse to comply with the law of the land but also claim possession of material evidence but refuse to share it with legal authority duly recognized"