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Aryan   10 February 2021

Freedom of speech and expression

if my Twitter account gets deactivated because I am tweeting continuously is it a restriction on freedom of speech and expression?



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 1 Replies

Nandini Warrier   11 February 2021

Good evening,

Twitter is a form of social media (SNS) through which registered users can post/tweet, read and retweet any tweets. It allows people to gain a big audience, and share anything they wish, as long as it follows the guidelines of Twitter. 

Twitter can suspend accounts based on the suspicion that the particular account is a spam account, or if the account has violated the guidelines of Twitter. As mentioned, the reasons Twitter can suspend an account is based on it being-

  • Spam
  • Violative of twitter rules
  • Abusive tweets or behaviour
  • Account security at risk

Since Twitter is not a government organ or body, there is no violation of Article 19(1)(a) of the Indian Constitution, which is Freedom of Speech and Expression.

Enforceability of fundamental rights are possible through Writ petitions before the High Court, or Supreme Court- against any body that falls under the term "State". The definition of State is not mentioned, but it can be taken as- The Government, and the Parliament of India, along with Government and legislature of each State. Unless until it is mentioned anywhere that the particular body is State, it won't fall under the term. 

Twitter therefore doesn't fall under the term State, and hence it is not a violation of your fundamental right of Freedom of Speech and Expression. 

Hope this helps!

Regards,

Nandini.

 


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