
Indiaâs government has threatened to punish employees at Twitter with fines and jail terms of up to seven years for restoring hundreds of accounts it has ordered the company to block. Most accounts were critical of the countryâs prime minister, Narendra Modi.
On Monday, Twitter complied with the governmentâs order and prevented people in India from viewing more than 250 accounts belonging to activists, political commentators, a movie star, and the Caravan, an investigative news magazine. Most accounts had criticized Modi, Indiaâs Hindu nationalist prime minister, and his government. But the company restored the accounts approximately six hours later after a Twitter lawyer met with IT ministry officials, and argued that the tweets and accounts constituted free speech and were newsworthy.
Indiaâs government disagreed. On Tuesday, the IT ministry sent a notice to Twitter, ordering it to block the accounts once again. It also threatened people who work at Twitter’s Indian arm with legal consequences, which could include a fine or a jail term of up to seven years.
âThis is really problematic,â said Nikhil Pahwa, editor of MediaNama, a technology policy website, and an internet activist. âI donât see why the government of India should wade into this territory of trying to censor tweets when they have much bigger problems to deal with.â
A Twitter spokesperson declined to comment. An IT ministry spokesperson did not respond to a request for comment.
The move puts the company in a tough spot. Blocking the accounts once again would mean being accused of playing an active role in an ongoing crackdown on dissent in India, as anti-government protests roil the nation. But letting the accounts remain on the platform means risking a political and legal showdown in a major market.
In the notice sent on Tuesday, the government said the accounts were âspreading misinformation about protestsâ and had the âpotential to lead to imminent violence affecting public order situation in the country.â BuzzFeed News has reviewed a copy of the notice.
The face-off comes days after thousands of Indian farmers, who have been protesting for months against agricultural reform they say will hurt their incomes, broke through police barricades and stormed the Red Fort, a Mughal-era monument in New Delhi on Jan. 26, Indiaâs Republic Day. At least one protester reportedly died. Delhi police denied their involvement in the incident.
In the notice, the government claimed that the accounts used a hashtag that had âbeen found to be instigating people to commit cognizable offences in relation to public order and security of the State.â
Although the Caravan did not use that hashtag, the government claimed that ânews and press accountsâ were spreading misinformation, causing âinstigation of peopleâ and creating âa public order situation.â
A Caravan spokesperson told BuzzFeed News that its journalism was fair and professional. âWe donât understand why suddenly the Indian government finds journalists should not speak to all sides of an issue,â the magazineâs executive editor, Vinod K. Jose, told BuzzFeed News.
Indiaâs laws forbid Twitter from sharing the legal order it received on Monday, but according to Tuesday’s notice from the government, the company fought back. That document claims that Twitter did not block the accounts until 24 hours after receiving the first order, and did so just minutes before a Twitter attorney met with government officials on Tuesday.
âIt is clear that the offending tweets / hashtag remained in public domain and must have been tweeted and re-tweeted several times at the risk and cost of public order and at the risk of incitement to the commission of offences,â the notice reads.
According to the notice, Twitter also sent a response to the government after it met with officials declining to âabide and obeyâ the governmentâs order. Under Indian law, the notice says, Twitter is bound to comply.
The government also pushed back against Twitterâs âfree speechâ argument, saying that the company had no âconstitutional, statutory or any legal basis whatsoeverâ to interpret what constituted free speech under Indian laws.
Twitter had also argued that there was âinsufficient justificationâ to block entire accounts and had said the government should have ordered individual tweets to be blocked. In response, the governmentâs notice said it wasnât Twitterâs place to seek justifications from the government.
At the heart of the legal order is Section 69A, an article in Indiaâs IT laws that lets the federal government ask platforms like Twitter to withhold âany information generated, transmitted, received, stored or hosted in any computer resourceâ that could disrupt âpublic order.â Platforms like Twitter are not only required to comply with these orders, but they are also disallowed from making the orders themselves public.
âI hope that this case goes to court,â said Pahwa, the founder of MediaNama, âbecause I do believe that rationally, the government is likely to lose the case.â