Explained: Is Twitter Obligated To Block Accounts When Asked? Can Users Appeal?

Several Twitter accounts have been withheld in India amid the Punjab government's crackdown on Amritpal Singh.

Several Twitter accounts were withheld in India recently in compliance with legal requests from the Indian government.

The action was taken by Twitter amid a crackdown by the Punjab government on separatist leader Amritpal Singh and his organisation Waris Punjab De.

The withheld accounts include those of several prominent personalities and groups, such as Canadian politician Jagmeet Singh, poet Rupi Kaur, voluntary organisation United Sikhs, Sangrur MP Simranjit Singh Mann, and at least three Punjab-based journalists.

While there is a lot of speculation regarding why exactly these accounts have been withheld, it certainly isn't the first time that the Indian government has made such legal requests to ban Twitter accounts.

Why Does Twitter Block/Withhold Accounts? 

Twitter, in its official guidelines, says that if a country submits a "valid and properly scoped request" to withhold an account, it may be necessary for the company to withhold access to the account/content in that particular country from time to time.

The withholding of a specific account is limited to the specific jurisdiction that has issued a "valid legal demand" or where the content has been found to violate local laws.

Upon receiving a request/legal demand to withhold an account, Twitter commonly notifies the affected user(s). This includes identifying the specific content that has been reported and the origin of the request.

However, the website may not notify the users in case they are prohibited from doing so (for example, if they receive a sealed court order).

If an account is withheld, this is what it may look like to other users:

However, a request or a demand to withhold a user's account must be in accordance with Twitter's official rules and guidelines.

If a government requests for the withholding of an account and is denied, indicating that the user in question has not violated Twitter's terms of service, the government can then submit a request for content to be withheld through the company's legal request submission site.

It is also pertinent to mention that Twitter itself can block, suspend, or withhold an account that is in violation of its rules.

Can Users Lodge an Official Objection if Their Accounts Are Withheld? 

Twitter gives users the right to contest the withholding of their account or tweets. A user may appeal by responding directly to the email sent by the company notifying the user that their content has been withheld, provided it is based on a legal demand.

If an account is withheld on the basis of a country's local laws, a user can contest the same via Twitter's Help Centre.

While the above is the standard modus operandi to deal with such situations, Twitter's new CEO Elon Musk said in a tweet recently that the company's press team would now respond with the "excrement emoticon" if it receives emails.

[e-mail] now auto responds with 💩

— Elon Musk (@elonmusk) March 19, 2023

On What Basis Can India Demand the Withholding of an Account?

Article 19 (1) (a) of the Indian Constitution gives several fundamental rights to citizens, including the freedom of speech and expression. This includes expressing oneself freely on social media.

However, this right is not absolute. A number of limitations are placed on fundamental rights of citizens as per Article 19 (2) of the Constitution.

Limitations to fundamental rights can be enforced if citizens engage in activities that violate/hamper:

1. The sovereignty and integrity of India

2. Security of the state

3. Friendly relations with foreign states

4. Public order and

5. Decency or morality

Fundamental rights can also be suppressed in relation to contempt of court, defamation, or incitement to an offence.

If anybody, virtually or in-person, violates any of the clauses mentioned in Article 19 (2), the Indian government has the right to take suitable action, including sending a legal demand to withhold Twitter accounts.

Broadly speaking, the Centre can legally request social media intermediaries (like Twitter) to take down content under two provisions:

• Section 69A of the Information Technology (IT) Act, 2000

• Rule 16 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

Who can make legal requests for content takedowns?

It depends. As per the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public), 2009, a designated officer who is appointed by the Centre can make legal requests for content takedowns. In 2021, the government appointed Group Coordinator (Cyber Laws) Rakesh Maheshwari as the designated officer.

Under the IT Rules, the Ministry of Information and Broadcasting can exercise the powers to block content on an emergency basis (subject to review by an inter-departmental committee).

Additionally, social media intermediaries like Twitter also have to comply with court orders that require content takedowns. In the past, the Election Commission of India has also flagged certain tweets for violating provisions of The Representation of the People Act, 1951.

Can state governments and law enforcement agencies directly have Twitter accounts withheld?

The short answer is no. However, as per the Blocking Rules, 2009, states and union territories can forward requests for content takedowns through a nodal officer to the Centre's designated officer. Notably, the law enforcement agency of a state or union territory can legally request the likes of Twitter to provide more information on users – but this is different from requesting for an account to be withheld.

Past Instances of Accounts Being Withheld in India

There have been dozens of instances of Twitter accounts being withheld upon request/demand by the Indian government.

In October last year, the official account of the Pakistani government was withheld, marking the second such instance in the last one year. In June, Twitter in India had also banned the official accounts of Pakistan Embassies in Turkey, Iran, Egypt, and the United Nations.

The Ministry of Information and Broadcasting had said that the action was taken by imposing emergency powers under the Information Technology Rules, 2021.

On 27 June last year, journalist Rana Ayyub's account had been withheld in accordance with India's Information Technology Act, 2000.

On the same day, several tweets, including those alleging a decline in press freedom in India, were removed in response to a legal demand by the Ministry of Electronics and Information Technology. The withheld accounts includes those of members of the Congress, the Aam Aadmi Party, the Communist Party of India (Marxist), and Pakistani government officials.

In 2021 as well, a number of prominent accounts were withheld, including those of the Caravan news outlet, political commentator Sanjukta Basu, activist Hansraj Meena, and Shashi Shekhar Vempati, chief executive of the government-run broadcaster Prasar Bharati.

While news of the latest crackdown on social media accounts is being reported in Punjab, such instances are nothing new in the state.

In June last year, Sidhu Moose Wala's song 'SYL' that was released after his death was banned on YouTube in India. Soon after that, a number of Sikh-run Twitter handles were withheld, including those that were extremely active during the 2020-21 farmers' protest.