Twitter and the Indian government had had multiple run-ins before the latest controversy over former CEO Jack Dorsey’s allegation that the Narendra Modi dispensation had threatened to shut down the micro-blogging site if it did not fall in line.

Dorsey’s comment relates to a standoff that began sometime in January 2021 when the government asked Twitter to take down 257 accounts that were tweeting with the hashtag #ModiPlanningFarmersGenocide.

Although Twitter complied with the request, it restored the accounts just a day later saying the tweets related to free speech and were newsworthy.

The government sent another list of 1,178 accounts and sought their blocking, saying these were accounts of Khalistani supporters. Twitter refused to comply and issued a statement defending its decision.

“It (Twitter) is a social broadcast network that enables people and organisations to publicly share brief messages instantly around the world,” the statement said.

“This brings a variety of people with different voices, ideas, and perspectives. People are allowed to post content, including potentially inflammatory content, as long as they’re not violating Twitter Rules.”

Twitter’s emphasis on following “Twitter Rules” had the potential for a conflict with Indian law.

Under Section 69A of the Information Technology Act, the government has the power to issue directions to block public access to any information through any computer resource.

The section says that any intermediary (for instance, Twitter) that fails to comply with the direction can be jailed for up to seven years and made to pay a fine.

Under the law, the only way Twitter could challenge a takedown order was by moving court. Twitter did not move court, nor did the government over the company’s alleged violation of Section 69A.

Section 79 of the Information Technology Act protects intermediaries from civil or criminal liability as longas they follow the law of the land.

The section says: “An intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him.”

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, say that intermediaries, including social media intermediaries, must exercise due diligence. If they don’t, this safe harbour provision will not apply to them.

The government accused Twitter of “double standards”.

It argued that while Twitter had been quick to take down accounts that supported the January 2021 storming of Capitol Hill by Donald Trump’s supporters, it did not show the same alacrity in pulling down tweets after farm law protesters stormed the Red Fort the same month.