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Journalism of Courage
Over the course of the latest hearings dated April 10 and 12, Twitter has put forth its arguments before the Karnataka High Court in the account blocking case, including the rights of foreign entities, comparative points of US law as well as the reasoning behind blocking of accounts. The matter was heard before a single judge bench consisting of Justice Krishna Dixit.
Twitter’s counsel noted that while it did not seek enforcement of Articles 19 or 21 being a foreign entity, it would nevertheless have certain rights as per Article 14 (Right to Equality) of the Constitution even as a foreign entity. Twitter had also argued that the reason for blocking the accounts was not supplied to them, as per Section 69a of the IT Act. They also argued that as per the Constitution in case of a breach they could still approach the court as the Constitution does not guarantee only the fundamental rights.
Twitter also objected to the idea of blocking an account wholesale, arguing that Section 69 referred to information already generated. Blocking an account would prevent all information from being generated in the future as well, arguing that as per Section 69A only an offending URL should be blocked.
Observing the comparative position of American law, as the court had previously asked what the position of other countries was on these issues, Twitter’s counsel pointed out that the right to sue and be sued by foreigners was inherent in the US constitution, whereas in India certain provisions of the Civil Procedural Code will have to take effect instead. It was also noted that there was no “discernible standard” being followed in this case.
The case will be heard again on Monday, with a likely conclusion of arguments before the upcoming court vacation.
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