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

Sameer Wankhede and his wife, actor Kranti Redkar, had sought a permanent injunction against social media platforms Twitter, Google and Facebook seeking to block individuals trying to ‘malign’ them on their platforms.

By: Express News Service | Mumbai |
Updated: December 18, 2021 8:48:53 am
Sameer Wankhede, twitter, Sameer Wankhede social media, social media, google, facebook, Mumbai, Mumbai news, Indian express, Indian express news, Mumbai latest newsSameer Wankhede in New Delhi (Express photo by Praveen Khanna)

Twitter has said that it cannot be held liable for any objectionable content being posted by its user on its platform, in reply to a suit filed by NCB Mumbai zonal director Sameer Wankhede.

Wankhede and his wife, actor Kranti Redkar, had sought a permanent injunction against social media platforms Twitter, Google and Facebook seeking to block individuals trying to ‘malign’ them on their platforms.

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.

 

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