Keywords: Karnataka High Court, X Corp, Twitter, Social Media Usage
In a recent development, the Karnataka High Court has recommended that the Indian government consider implementing a minimum age requirement for using social media platforms. This suggestion arose during a hearing related to the appeal filed by X Corp, formerly known as Twitter, regarding blocking orders issued by the Indian government in 2021 and 2022.
A bench comprising Justices G Narender and Vijaykumar A Patil expressed concern about the detrimental effects of social media on school-going children, emphasizing the need for preventive measures. The Court suggested either banning social media altogether or imposing a user age limit, suggesting that individuals should be at least 21 years old to use such platforms.
The hearing also touched upon the issue of user identification. The counsel representing the Central government pointed out that certain online games now require users to provide Aadhaar and other documents for access. The Court questioned why similar measures couldn’t be extended to social media platforms, given that everyone expresses opinions online. Furthermore, the Court expressed concerns about intermediary platforms like X Corp facing threats of prosecution from account holders when ordered to take down posts or accounts while maintaining confidentiality. They suggested that rules might need adjustments to protect intermediaries.
The Court clarified that intermediaries like X Corp shouldn’t be expected to make subjective judgments about content unless it violates Section 69A (1) and (2) of the Information Technology Act, 2000. If there is no violation, the Court questioned whether X Corp could be compelled to take down content and risk prosecution by the account holder. X Corp’s counsel stated that their challenge in the appeal is limited to a single judge’s observations on the interpretation of the law concerning blocking posts and accounts. While X Corp has now complied with most of the demands to block posts and accounts, they raised concerns about the lack of sufficient reasons provided for over 1,000 tweets asked to be taken down.
The Karnataka High Court’s deliberations underscore the evolving challenges and legal complexities associated with social media usage, as well as the responsibilities of both social media platforms and the government in ensuring responsible online communication. The Court is expected to make further orders on this matter in the near future.
Name: Tanvi Bansal , Semester: 3rd , College: UILS, PU , As intern under Legal Vidhiya
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