Shutting Down Digital Square

Context: In the Government-Twitter face-off, the application of arbitrary provisions of laws undermines the core component of the fundamental freedom to speech and expression.

Concerns with the Government’s order of censoring Twitter accounts:

• Vagueness and the design flaws in legislation: The government framed process for websites and secrecy provision under section 69A of the Information Technology Act.
  • Secrecy of the order: The government issued specific legal orders under Section 69A of the Information Technology Act to block user accounts critical of the farm bills.
  • Compromises individual’s Fundamental rights on account of government censorship.
  • Lack of information: impedes scrutiny on constitutional doctrines of reasonableness and proportionality.
  • An anti-democratic practice: that results in unchecked growth of irrational censorship but also leads to speculation trusted by fractures.
  • Difficulty in accessing legal remedy: As provided by the SC to aggrieved person if their website or user account was blocked under Section 69A.
  • Contrary to the principles of natural justice: as the government gave no prior show-cause notice or right to be heard to individuals before ordering the suspension of their Twitter accounts.
• Judicial hesitancy: 
  • Opportunity presented in Shreya Singhal v. Union of India case (struck down Section 66A of the IT Act) was not utilized to struck down the section 69A of the IT Act.
• Non-compliance with pro-active disclosure norms: by the states and union governments with directives issued by SC in Anuradha Bhasin v. Union of India case.
• While adjudicating the constitutional permissibility of the telecommunications shutdown in Jammu and Kashmir, SC directed governments to ensure pro-active publication of all orders.