Objectionable Posts Against Hindu Gods: Twitter Tells Delhi HC It Can't Decide What Content On Its Platform Is Unlawful Unless Put To 'Actual Knowledge'

The micro-blogging website Twitter has informed the Delhi High Court that being an intermediary, it cannot decide whether content on its platform is lawful or otherwise unless it is put to such "actual knowledge".

Twitter has further informed the Court that it can take down content from the platform on being notified about the same by way of a court order or by notification by the appropriate agency.

"Information is required to be actioned, when the Answering Respondent is put to actual knowledge of any content that may be unlawful and has so been determined by a court of competent jurisdiction or by the appropriate government," Twitter has further said.

The development comes in reply filed by Twitter in a criminal writ petition filed by Advocate Aditya Singh Deshwal, stating that the content uploaded on a Twitter account namely 'Atheist Republic' not only had abusive language with respect to Hindu goddesses, but also showed them in vulgar representations in the form of cartoons and graphics.

Vide order dated 29th October 2021, the Court had found prima facie substance in the complaint and had directed Twitter to take down the objectionable content.

In March this year, Twitter was directed file an affidavit, explaining its policy and the circumstance under which it resorts to such blocking of accounts.

In its reply, Twitter has informed the Court that an FIR in respect of the offending content put up by Atheist Republic was already registered in December 2020 at Bangalore under sec. 153A, 295A, 298,292A of IPC and Section 67A of Information Technology Act, 2000. Therefore, it has been submitted that the writ petition has become infructuous in view of the said development.

"The Answering Respondent is not "State" within the meaning of Article 12 of the Constitution of India, 1950. Further, under Section 482 of the CrPC a prayer for cognizance to be taken is neither justified nor tenable as an alternative remedy is available by filing a complaint or seeking directions under Section 156(3) of the CrPC," the reply adds.

Twitter has also informed Court that the user account @AtheistRepublic has already been suspended by it for violation of the Terms of Service.

"The account was violative of Twitter's Ban Evasion Policy. The Answering Respondent's Ban Evasion policy prohibits attempts to circumvent prior enforcement, including through the creation of new accounts. The account @atheistRepublic was one of several accounts used by the same user that were also previously suspended for Multiple Account Abuse pursuant to Answering Respondent's policy," it has stated. 

Furthermore, Twitter has also stated that apart from the procedure prescribed under law as regards removal of content upon "actual knowledge", there is also a user agreement between the social media platform and its users.

"The Answering Respondent by way of its Terms of Service prescribes that certain content that may be prohibited on its service, and that a user who has violated these Terms may be suspended or the content may be removed. When content is violative of the Terms of Service of the Answering Respondent the Answering Respondent takes appropriate action as per the Terms of Service. This contractual right remains unfettered by the enactment of the 2021 Rules," the reply reads.

It was the petitioner's case that he came across some alleged highly obnoxious posts about Hindu Goddess Maa Kaali put by one user on Twitter. It was alleged that Maa Kali, the Hindu Goddess was depicted as "an erotic and voluptuous object, in a disgraceful and outrageous manner."

The petitioner stated that after repeatedly asking Twitter to remove the said content, Twitter replied "the reported content in the account is not of a category for which Twitter takes action under our Policies, Rules and Terms of service and therefore cannot be removed."

The plea thus prayed for a direction on Union of India through Meity to issue directions to Twitter to immediately remove the content and permanently suspend the twitter account.

It also prayed for direction upon the Commissioner Delhi Police and DCP Cyber Cell, New Delhi District to discharge their executive and statutory obligations by taking cognizance of the complaint made by the petitioner.

Earlier, the Court had asked Twitter why it cannot block the account of a user, found to be repeatedly posting objectionable content about Hindu gods and goddesses, when in the same breath the micro-blogging website has suspended former US President Donald Trump's account.

Twitter is represented by Senior Advocate Siddharth Luthra, Advocate Ridam Arora appeared for Petitioner Aditya Singh Deshwal and Advocate Vrinda Bhandari appears for Atheist Republic.

The matter will now be heard on September 28.

Case Title: Aditya Singh Deshwal v Union of India and Ors.