Sameer Wankhede seeks injunction: Cannot be held liable for objectionable content posted by user, says Twitter

The reply filed by Twitter on Friday stated that it is an intermediary. If it is to regulate content on its platform on its own, it would lose the “safe harbour immunity” provided to it under the Information Technology Act. It also said that given the volume of data on the site, it is impossible for the company to have actual knowledge of any content being illegal unless it is brought to its notice through “an appropriate mode specified by law”.

It called the suit “false and frivolous” and that the interim plea seeking that companies be directed to block individuals is “overboard” and contrary to settled principles of law. It said that as per the IT Act, a grievance officer has been designated and users can notify complaints through this.

“…there cannot be a blanket take down of an account unless the court finds that all the tweets are defamatory,” the reply stated. It also said that there is a legal mechanism to regulate content on its platform and prayers made in the suit are “seeking to circumvent that legal process”.

Wankhede’s suit had said that “sponsored misinformation” is being spread by various “unscrupulous elements” at the behest of individuals against whom Wankhede has acted in his professional capacity and those affected by his investigations.