The controversy centres around a series of tweets posted by Ayyub between 2013 and 2017, which have been described as derogatory, inflammatory, and communally sensitive. The tweets allegedly insult Hindu deities and prominent historical figure Vinayak Damodar Savarkar.

In response to these tweets, the Union government has stated that X Corp, the parent company of the platform where the tweets were posted, may lose its safe harbour protection in India. This protection is crucial for intermediaries, as it shields them from liability for user-generated content, provided they comply with due diligence requirements.

The government has filed an affidavit asserting that X’s inaction in removing the tweets constitutes non-compliance with these requirements. Furthermore, the Delhi Police have issued judicial orders and statutory notices to X Corp regarding the tweets.

According to the Union government, “The police notices and trial court order constitute ‘actual knowledge’ under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, triggering a statutory obligation on X to act expeditiously and remove such unlawful content.”

Section 79 of the IT Act provides safe harbour protection to intermediaries if they follow due diligence and remove unlawful content upon notification. However, the government claims that X Corp’s failure to act on the police’s requests could lead to significant legal repercussions.

The Delhi High Court has been informed that the police have requested action under Section 69A of the IT Act to block the tweets, further complicating the situation for X Corp.

As the situation develops, it remains to be seen how X Corp will respond to the government’s demands and whether Rana Ayyub will face any further legal challenges regarding her tweets.

Details remain unconfirmed regarding the exact nature of the government’s next steps in this ongoing controversy.

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