Tech Ticker Issue 38: July 2022

• Published date: 10 August 2022
• Subject Matter: Media, Telecoms, IT, Entertainment, Food, Drugs, Healthcare, Life Sciences, IT and Internet, Mobile & Cable Communications, Food and Drugs Law, Biotechnology & Nanotechnology
• Law Firm: Ikigai Law
• Author: Ikigai Law

Here's a 5-minute lowdown of what's happened since the last time we spoke to you.

Et tu, Twitter?

Legally blown: Earlier in July, Twitter challenged the content takedown orders issued to it by the IT Ministry in the High Court of Karnataka. The case has been admitted by the High Court and will be next heard on 25 August. The High Court has also ordered Twitter to file the content takedown orders issued to it in a sealed cover - to ensure their confidentiality is maintained.

Twitter cited procedural deficiencies in issuing orders under the Information Technology Act, 2000 (IT Act) and violation of users' right to freedom of speech as main grounds for the suit. The IT Ministry had asked Twitter to take down content/user accounts relating to the farmers' protests and alleged mismanagement of Covid-19 by the Indian government. It gave Twitter an ultimatum to either comply with the orders or take on liability for user generated content on its platform.

Twitter's rebuttal: Twitter said that most of the accounts and content ordered to be blocked were for arbitrary reasons. And that the takedown orders had no nexus with the ground for blocking content under Section 69A of the IT Act. Which only allows blocking in the interest of national security. Twitter also relied on the IT Ministry's response to a Delhi High Court case stating that blocking of user accounts should be exercised as a last resort. Additionally, the Supreme Court of India in the Shreya Singhal v Union of India case upheld the government's power to issue blocking orders on the rationale that there are 'sufficient safeguards' in place, such as prior notice, to protect users from free speech restrictions and prevent government misuse.

The larger tweet: This dispute brings to light critical questions relating to the government's content blocking procedure. The decision in this case will impact the law relating to government takedown orders and intermediary safe harbour. The last few years have seen a steady increase in the government's efforts to tighten regulations on social media and we've witnessed a few public standoffs between the two sides. It was inevitable that some thorny issues would eventually make it to court. Anyone with an interest in platform regulation should be watching this case. We certainly are.

The drugs and cosmetics law from the 1940s gets a makeover

New release on the bloc: On 08 July, the health ministry released the draft Drugs, Medical Devices, and Cosmetics Bill, 2022 to...