X Asks Centre To Reconsider 'Disproportionate' Order To Block 12 User Accounts

X Corp has asked the Central Government to review the order directing to block 12 Twitter accounts, including parody account “Dr. Nimo Yadav”, calling the blocking order disproportionate.

On March 19, X wrote an objection letter to the Union Ministry of Electronics & Information Technology, saying that the blocking order issued on March 18 fails to comply with Section 69A of the Information Technology Act, 2000.

The letter has been disclosed in an affidavit filed by X before Justice Purushaindra Kumar Kaurav in the petition filed by Prateek Sharma who operates the account Dr. Nimo Yadav.

In the affidavit, X Corp has said that the parody account of Dr. Nimo Yadav has been blocked on the orders of MeitY for controversial posts and defaming Prime Minister Narendra Modi, accusing him of being incompetent as also portraying him in bad taste.

In its objection letter, X has said that the vast majority of the content in each of the X accounts does not appear to fall within the grounds specified under Section 69A and thus the Blocking Order issued is not proportionate.

“Thus account level blocking, as opposed to Post level blocking, is disproportionate and does not constitute the "least intrusive measure" as mandated under law,” X has said.

It further added that no opportunity of hearing has been granted to any of the account holders and that the blocking order does not demonstrate that reasonable efforts are to be made for identifying the person whose content is ordered to be blocked.

“In the present case, the blocking of an account as a whole does not satisfy the criterion at paragraph 3 above, especially since an equally effective alternative is available, i.e., withholding specific Posts that are violative of the specific grounds of Section 69A and demonstrated to be so. Further, the captioned Blocking Order will excessively and disproportionately restrict the account holder's rights, especially as the account holder will be unable to use X in India permanently and without being granted an opportunity of hearing in this regard. The Blocking Order also fails to indicate how account level blocking is the only measure available,” X has said.

“While reserving our right to challenge, in whole or in part, the lawfulness of the Blocking Order before a court and/or the application o f the laws cited therein to X, its platform and content o n its platform, X requests you t o reconsider the Blocking Order, at the very least qua the 12 X accounts set out in Annex A. 6. This response is not intended, and should not be construed, as a waiver of any of X's rights or other objections,” it has added.

Advocates Vrinda Grover, Nakul Gandhi, Apar Gupta and Soutik Banerjee appeared for petitioner. Advocate Ankit Parihar appeared for X and Advocate Avshreya Rudy represented MEITY.

Also Read: Dr. Nimo Yadav's Account Blocked On MEITY Orders For Showing PM Modi In Bad Taste: X Tells Delhi High Court