X Corp has no right to access Review Committee documents: Central government to Karnataka High Court

The Central government has told the Karnataka High Court that X Corp (formerly Twitter) has no right to access review committee orders which confirmed the government's decision to block content on the micro-blogging platform between 2021-22..The submission was made in a statement of objections filed by the Central government in response to an interlocutory application (IA) by X Corp which has sought access to the review committee orders. A division bench of the High Court is slated to decide on a case filed by X Corp questioning the Central government's orders to block certain tweets in 2021-22, which was later confirmed by a review committee.X Corp had argued earlier this year that without access to the review committee's orders, it would not be able to properly contest the decision to block content on its platform. Therefore, X Corp sought access to the Review Committee's orders. .The social media giant had also raised concerns that the Review Committee had never actually met as required under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules (IT Rules)..In its statement of objections, the Central government has countered that the committee did meet to review the blocking orders against X (Twitter, as it was known then). Nevertheless, the government has questioned the maintainability of the IA filed by X Corp. Since X Corp is merely an intermediary (and not the author or creator of the blocked content), it has no right whatsoever to access Review Committee orders, the Central government stated. A review of decisions to block internet content under Section 69A of the Information Technology Act serves as a safeguard against arbitrary usage of power. However, only the creators of the accounts or tweets can invoke this safeguard, the Central government added. .Furthermore, the government stated that review under Rule 14 of the IT Rules is an internal and independent safeguard mechanism. There is no requirement to hear any party before passing the review orders, the government contended."A party aggrieved by the blocking orders has the option of seeking judicial review, and has no right to insist on access to the proceedings of the Review Committee. The appellant (X Corp), being an intermediary, certainly has no locus standi to seek access to the proceedings of the Review Committee," it said..Earlier, in June 2023, a single judge of the High Court dismissed X Corp's challenge (writ petition) to the Central government's blocking orders while imposing ₹50 lakhs as costs. It was against this decision that X Corp filed an appeal (a writ appeal) before the High Court's division bench.In its statement of objections, the Central government pointed out that the single-judge had perused the blocking orders and expressed satisfaction with its correctness. This single-judge ruling still binds X Corp, since it (the decision to uphold the blocking orders) has not been stayed, the government added."When there is a judgement that fully binds the appellant, it cannot seek indirectly challenge it by demanding access to Review Committee documents," it said..The government also highlighted that in the writ petition, X Corp had only challenged the blocking of 39 URLs, while it is now questioning 1,096 blocking directions in its IA. The government has challenged this move, terming it an attempt to widen the scope of X Corp's challenge..X Corp's writ appeal is slated to be heard next by the High Court's division bench in March. .Government can't say review committee order upholding blocking of tweets is top secret: X Corp to Karnataka High Court