Note: This was originally published as the daily newsletter for the Columbia Journalism Review, where I am the chief digital writer
On Tuesday, the New York Times reported that Twitter had filed a lawsuit against the government of India in the Karnataka High Court in Bangalore, challenging a recent decree that ordered Twitter to take down content and block a number of accounts. Twitter obeyed the order, removing the content and blocking the accounts, according to the Times, but then filed the suit in an attempt to overturn the order. A source who spoke with the Times said Twitter isn’t trying to invalidate the law under which the order was issued, but instead argues that the government interpreted it too broadly. A TV network in New Delhi reported that the suit alleges the order was “overbroad, arbitrary, and disproportionate,” and that the content in question is either political commentary, criticism, or otherwise newsworthy, and therefore should not be removed.
It’s not known which specific tweets or accounts are the subject of the order, in part because India’s laws forbid platforms from talking about the takedown orders they receive, or any of the content they refer to, or the reasons for the order. Last year, the Indian government ordered Twitter to remove tweets by Freedom House, a US-based nonprofit group that promotes democracy around the world. The group noted that internet freedom was declining in India, and included maps whose borders the government of India disputes. Tweets from Rana Ayyub, an Indian journalist, and Mohammed Zubair, the co-founder of a fact-checking organization, were also subject to a similar order, as were accounts belonging to a number of political parties and groups.
Other accounts ordered to be blocked allegedly made “fake, intimidatory, and provocative tweets” that some took to be accusing the Indian government of genocide. In a number of cases, Twitter simply blocked access to tweets from within India, using what it calls its “country withheld” tool, a form of geo-blocking. In February of last year, in one of the largest such moves, Twitter removed more than 500 accounts (after initially refusing the order) and used geo-blocking to hide others, because of remarks those accounts made about Narendra Modi, the prime minister of India. At the time, Twitter said it refused to remove any accounts belonging to journalists, politicians, or activists because it believed doing so “would violate their fundamental right to free expression.”
Continue reading “Twitter goes to court in India over free speech”