Twitter Lost Liability Protections in India

Twitter has lots its liability protection against user-generated content in India, TechCrunch reported. This happened after India’s government passed a law that required social media companies (such as Facebook, Twitter, Google, and Netflix) to acknowledge takedown requests of unlawful, misinformation, and violent content within 24 hours and deliver a complete redressal in 15 days.

In a court filing on Monday, New Delhi said Twitter lost its immunity in India after the American social network failed to comply with the new local IT rules, which were unveiled in February and went into effect in late May.

According to Reuters, the court filing came in a case filed by a Twitter user who wanted to complain about some allegedly defamatory tweets on the platform, and said the company was not complying with the new law that requires appointment of certain new executives.

The Verge reported that in the United States, social media companies are generally not held liable for their users’ posts. This is due to Section 230 of the Communications Decency Act.

India’s IT Minister appears to have disregarded the United States’s Section 230. In a press conference, he said: “…The issue is the misuse of social media. Some of them say we are bound by American laws. You operate in India, make good money, but you will take the position that you’ll be governed by American laws. This is plainly not acceptable.”

My concern is that, if India’s courts decide that India’s IT Minister is right, Twitter is going to have to make some tough decisions regarding its users who are in India.