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New Delhi, Legal doyen and veteran advocate Fali S <keyword id="20668460" type="General" weightage="20" keywordseo="nariman" source="keywords">Nariman</keyword> died here on Wednesday at the age of 95. He was suffering from multiple ailments, including cardiac issues. Born on January 10, 1929, Nariman was enrolled as an advocate at the Bombay High Court in November 1950 and was designated a senior advocate in 1961. Nariman was born in Rangoon (now Yangon) to a well-off business executive. The Nariman family fled to India in the face of the Japanese invasion in 1942 when Fali was 12. He practised law for more than 70 years, initially in the Bombay High Court and since 1972, in the Supreme Court. Nariman was appointed as the additional solicitor general of India in May 1972. He resigned from the post a day after the imposition of Emergency on June 26, 1975. In his long and illustrious legal career, Nariman argued in several landmark cases, including the Bhopal gas tragedy case, TMA Pai case, Jayalalithaa disproportionate assets case and the famous case of the National Judicial Appointments Commission, which was struck down by the Supreme Court. Nariman, who was often referred to as the "Bhishma Pitamah" of the Indian judiciary, authored books, including "Before the Memory Fades", "The State of the Nation", "India's Legal System: Can it be Saved?" and "God Save the Hon'ble Supreme Court". Nariman received the Padma Bhushan in January 1991 and in 2007, he was awarded the Padma Vibhushan. He was also nominated as a member of the Rajya Sabha in November 1999. Reacting to the news of his death, senior advocate Abhishek Singhvi took to X and wrote: "End of an era' #falinariman passes away, a living legend who will forever be in hearts and minds of those in law and public life. Above all his diverse achievements, he stuck to his principles unwaveringly and called a spade a spade, a quality shared by his brilliant son #Rohinton." Solicitor General <keyword id="20038814" type="General" weightage="20" keywordseo="tushar-mehta" source="keywords">Tushar Mehta</keyword> said not only the legal fraternity, but the country has lost a towering figure of intellect and wisdom. "The country has lost an epitome of what righteousness stood for. A doyen, paragon and a legend in his own lifetime has left us, leaving the jurisprudence enriched by his immense contribution. I have always learnt something new by merely appearing even against him," the law officer said in his message. Activist-lawyer <keyword id="20027334" type="General" weightage="20" keywordseo="prashant-bhushan" source="keywords">Prashant Bhushan</keyword> said Nariman's death was an enormous loss to the country. In a post on X, Bhushan wrote: "Very sad news. Eminent Jurist Fali S Nariman Passes Away. He was also regarded as the Bhishma Pitamah of the lawyer community. A great lawyer and close friend of our family. His passing away at this critical juncture is an enormous loss for our country." Fali Nariman's son, <keyword id="20668461" type="General" weightage="20" keywordseo="rohinton-nariman" source="keywords">Rohinton Nariman</keyword>, was a Supreme Court judge.

Legal doyen and veteran advocate Fali S Nariman passes away at 95

<ul><li>India’s <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> has issued a contempt notice against activist and lawyer <keyword id="6368850" type="DEFINITION" weightage="20" keywordseo="prashant-bhushan">Prashant Bhushan</keyword> over a tweet about the Chief Justice of India (CJI).</li><li>The petition, filed by Advocate Mahek Maheshwari, claims that the tweet will “spread hate in the form of anti-India campaign.”</li><li>The petition added that the justices in India were still hearing cases over video conferencing stating, “They are not even enjoying vacation properly.”</li></ul>The latest news potboiler in India is the case against activist and lawyer Prashant Bhushan where the Supreme Court has issued a contempt notice. All the fuss is over a couple of tweets that Bhushan put out criticising the Chief Justice of India (CJI) on June 29. <a href="https://twitter.com/pbhushan1/status/1277483749739917318"> </a> <div type="image" title="bushan CJI tweet" msid="77107652" hostid="261" caption="&amp;lt;p&amp;gt;Prashant Bushan&amp;#39;s tweet questioning the Supreme Court&amp;lt;/p&amp;gt;"></div> <div type="image" title="bushan tweet 2_edited" msid="77107673" hostid="261" caption="&amp;lt;p&amp;gt;Prashant Bushan&amp;#39;s tweet accusing the CJI of denying citizens their fundamental rights&amp;lt;/p&amp;gt;"></div> The petition filed by Advocate <a href="https://www.livelaw.in/pdf_upload/pdf_upload-378581.pdf">Mahek Maheshwari</a> alleges that the tweet uploaded by Bhushan was nothing more than a “cheap publicity stunt” to “spread hatred in the form of anti-India campaign.” And Twitter is caught in the crossfire. The petition criticized the social networking giant’s India arm for not disabling the tweet or deactivating Bushan’s handle. <div type="Article" hostid="261" msid="77033471" title="Twitter India has until the end of this month to respond to a plea against it for 'anti-national activities'" mstype="2" mssubtype="0"></div> “We are, prima facie, of the view that the aforesaid statements on Twitter have brought the administration of justice in disrepute and are capable of undermining the dignity and authority of the Institution of the Supreme Court in general and the office of the CJI in particular in the eyes of the public at large,” said the court order against Bhushan and Twitter. Maheshwari added that since Bhushan is a lawyer — and an influential one at that — his remarks could seriously affect the perception of the CJI’s character and appearance. “Tweet is of serious nature putting a big question on the sovereign function of CJI and their abiding nature to the Constitution of India,” said the petition filed by Advocate Mahek Maheshwari. <div type="image" title="bushan tweet 3_edited" msid="77107695" hostid="261" caption="&amp;lt;p&amp;gt;The picture at the center of the controvery&amp;lt;/p&amp;gt;"></div> The petitioner took time to appease the judges for listening to cases via video conferencing during the lockdown. “They are not even enjoying vacation properly. In Summum Bonum statement that the CJI is denying fundamental right to citizens is totally wrong,” said the petition. Summum Bonum is a Latin term which translates to ‘the ultimate goal’ or the ‘highest good’. The risk for Twitter In India, there’s already an ongoing campaign against Twitter. A series of webinars with some very influential people including the likes of BJP leader Vinit Goenka, former Infosys executive and an investor Mohandas Pai, former National Cyber Security Coordinator Lt Gen. Pant, and a host of former army generals have called for a crackdown on the social media platform for being partisan against India’s “national interests”. Goenka has also filed a petition with the Supreme Court directing the government to create a mechanism to keep content and advertisements on Twitter in check. The social-networking giant has been at odds with the Indian government after a slew of accounts supporting right-wing ideologues were <a href="https://www.opindia.com/2018/03/read-why-these-right-wing-twitter-accounts-are-getting-suspended/">suspended</a> on the platform. There was also an incident where <a href="https://qz.com/india/1549310/twitter-says-its-a-global-glitch-indias-right-wing-smells-a-conspiracy/">disappearing</a> likes and retweets were allegedly discriminating against right-wing voices in India. Defending Twitter India, Senior Advocate Sajan Poovayya, explained that necessary instructions need to be given to Twitter in order for them to take down the tweet. He added that the proper authority to address the issue lies with Twitter’s global office in California — not Twitter India. SEE ALSO: <a href="https://www.businessinsider.in/tech/news/twitter-says-its-cracking-down-on-conspiracy-theory-group-qanon-and-has-already-reportedly-removed-7000-accounts/articleshow/77098746.cms">Twitter says it's cracking down on conspiracy-theory group 'QAnon' and has already reportedly removed 7,000 accounts</a> <a href="https://www.businessinsider.in/tech/news/coinbase-one-of-the-bitcoin-twitter-accounts-compromised-last-week-said-it-blocked-278000-from-being-transferred-to-the-attackers/articleshow/77074987.cms">Coinbase, one of the Bitcoin Twitter accounts compromised last week, said it blocked $278,000 from being transferred to the attackers</a> <a href="https://www.businessinsider.in/india/news/twitter-india-has-until-the-end-of-this-month-to-respond-to-a-plea-against-it-for-anti-national-activities/articleshow/77033471.cms">Twitter India has until the end of this month to respond to a plea against it for 'anti-national activities'</a>

Tweets criticising India's Supreme Court get tagged as 'hate speech' and incur the judge's wrath ⁠— Twitter caught in the crossfire

<ul><li>The <keyword id="3457213" type="PERSON" weightage="20" keywordseo="internet-freedom-foundation">Internet Freedom Foundation</keyword> (IFF) wants Twitter to explain why it removed Prashant Bushan’s controversial tweets even though no legal request was issued to that effect. </li><li>According to the internet rights body, Twitter’s ‘proactively’ removal amounts to an impediment of the right to free speech and freedom of expression.</li><li>For Twitter, removing Bhushan’s tweet led to an acquittal from the case.</li></ul>Twitter may have wrangled itself free from the clutches of India’s <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> by removing activist and lawyer <keyword id="6368850" type="DEFINITION" weightage="20" keywordseo="prashant-bhushan">Prashant Bhushan</keyword>’s tweets from the social networking platform, but there are others who believe that the social networking giant has some explaining to do. <div type="Article" hostid="261" msid="77649463" title="Prashant Bhushan rejects Supreme Court's offer to delay sentence but is given two to three days to reconsider statement" mstype="2" mssubtype="0"></div> The Internet Freedom Foundation (IFF), an internet rights body, has written to Twitter questioning its move to ‘proactively’ remove Bhushan’s tweets from the platform without any directive being issued to that effect by the courts. That too before any decision was made on whether Bhushan is ‘guilty of contempt’. "Twitter is committed to defending and protecting freedom of expression in India and around the globe. Nonetheless, Twitter endeavors at all times to comply with local law and Twitter’s action in this case is consistent with local legal standard," the social networking platform said with respect to IFF's letter. Removing the tweets led to the Supreme Court acquitting Twitter from Bhushan’s case ruling that, “The intention of <keyword id="749437" type="COMPANY" weightage="20" keywordseo="Twitter-India">Twitter India</keyword> would not be considered against the court.” <div type="Article" hostid="261" msid="77107560" title="Tweets criticising India's Supreme Court get tagged as 'hate speech' and incur the judge's wrath ⁠— Twitter caught in the crossfire" mstype="2" mssubtype="0"></div> Others see it as an abuse of power. “By proactively censoring online content in the absence of any direction from a court mandating the same, Twitter’s actions in the case against Bhushan have set a dangerous precedent for free speech,” said <a href="https://docs.google.com/forms/d/1Gow1p29T-4_ODJJBKvG47L1NZ78dAlwRMNGNzf1rHJA/viewform?edit_requested=true">IFF’s letter to Twitter.</a> Twitter jumps the gun The Twitter feud in India stems from two tweets that Bhushan put out criticising the Chief Justice of India, Ashok Bhushan, and the Indian judiciary. Twitter was called upon to explain why the tweets were not taken down. Defending Twitter India, senior advocate Sajan Poovayya, explained that necessary instructions need to be given to Twitter for them to take down the tweet. He added that the proper authority to address the issue lies with Twitter’s global office in California — not India. “The issuance of notice by the Supreme Court does not amount to a determination of illegality in any way,” explains IFF’s letter. However, before the second hearing, the tweets disappeared from the platform and was replaced with the message, “This Tweet from @pbhushan1 has been withheld in response to a legal demand.” This even as IFF asserts that no legal demand was filed. “The removal of the actual tweets from Twitter’s platform does not serve any purpose except erasure of the historical record, especially in the absence of a clear and specific judicial direction requiring the same,” says the advocacy group’s letter. <div type="Article" hostid="261" msid="77539437" title="Supreme Court wields the ‘iron hand’ in holding Prashant Bhushan guilty for tweets critical of judiciary and chief justice" mstype="2" mssubtype="0"></div> The letter is led by Bhushan’s lawyer, Dushyant Dave and has a 100 signatories so far. According to the social network's latest Transparency Report, India already ranks fifth-highest in terms of removal requests globally after Japan, Russia, Turkey, and South Korea. Updated: Earlier version did not include Twitter's comment on IFF's letter. Countries ahead of India in terms of removal requests also was not included. SEE ALSO: <a href="https://www.businessinsider.in/tech/apps/news/google-eyes-indias-sharechat-as-microsoft-goes-after-tiktok-in-the-us-heres-why-it-makes-sense/articleshow/77667345.cms">Google eyes India’s ShareChat as Microsoft goes after TikTok in the US — here’s why it makes sense</a> <a href="https://www.businessinsider.in/tech/apps/news/gmail-down-users-report-being-unable-to-send-emails-and-attach-files/articleshow/77648762.cms">Gmail is working again — Google fixes issue without explaining what went wrong</a> <a href="https://www.businessinsider.in/science/space/news/isro-chandrayaan-2-identifies-craters-that-may-have-water-after-mapping-4-million-square-kilometres-of-the-moon-in-its-first-year/slidelist/77667105.cms">ISRO’s Chandrayaan 2 identifies craters that may have water after mapping 4 million square kilometres of the Moon in its first year</a>

Twitter's decision to 'proactively' remove Prashant Bhushan's tweets opposed by internet rights body

<ul><li>Facebook and Twitter have come under the scanner for how they regulate content on their platforms in India for two separate incidents in the past three months.</li><li>The threat to democracy lies in the grey area where freedom of speech ends and crosses over to ‘hate speech’ territory.</li><li>Lawyers told Business Insider that India’s IT (Amendment) Act, 2018, which has been pending for nearly two years now, is far from perfect.</li></ul>In India, Twitter and Facebook are facing two sides of the same coin. While one is under fire for <a href="https://www.businessinsider.in/tech/apps/news/twitter-removal-of-prashant-bhushan-tweets-opposed-by-internet-rights-body/articleshow/77667757.cms">removing content without being asked</a> to, the other is being asked why it <a href="https://www.businessinsider.in/tech/news/facebook-row-escalates-as-bjp-leader-asks-for-shashi-tharoors-removal-from-parliamentary-panel/articleshow/77656021.cms">didn’t remove content</a> that was ‘hate speech’. The power which social networks have over democracies worldwide has come under global scrutiny, whether that’s in India, the US, Australia, or Brazil. The 2016 US election was only one example of how a social network, if manipulated, can influence the behaviour of people across an entire nation. <div type="image" title="mark zuckerberg congress" msid="78121719" hostid="261" caption="&amp;lt;p&amp;gt;Facebook CEO Mark Zuckerberg testifies at a joint hearing of the Senate Judiciary and Commerce committees on Capitol Hill in Washington D.C., United States on 10 April 2018 on how he is &amp;quot;responsible for&amp;quot; not preventing the social media platform from being used for harm, including fake news, foreign interference in elections and hate speech.&amp;lt;/p&amp;gt;"></div> At the center of it all is the content they peddle and what they choose to remove — the battle between freedom of speech and where it crosses the line to become ‘hate speech’. “Companies will be better off if they stop this narrative of how they have their own community standards. They can cite the law and explain why they removed a post,” Mishi Choudhary, an online civil liberties activist and the Legal Director of Software Freedom Law Center in New York, told Business Insider. <div type="image" title="jack dorsey rahul gandhi" msid="78121757" hostid="261" caption="&amp;lt;p&amp;gt;Jack Dorsey meets then Congress President Rahul Gandhi in November 2018&amp;lt;/p&amp;gt;"></div> According to her, companies like Twitter and Facebook have ad-hoc policies that they change on their own or under the pressure of local governments. There is no standardisation. The solution proposed by India, which has been on the docket for nearly two years now, is the Information Technology (Amendment) Act, 2018. It no longer allows Facebook, Twitter or any other social network to operate as an ‘intermediary’. The inner workings of the IT (Amendment) Act, 2018 The first part of the IT (Amendment) Act, 2018, makes it mandatory for social media apps to trace the origin of content on their platforms — upon receiving a court order. It is an important aspect that has been clarified, according to lawyer Harsh Walia, a partner at Khaitan &amp; Co. “This specific provision may bring much respite to the social media companies as the term “actual knowledge” was a subject of debate/judicial interpretation so far,” he told Business Insider. The second part of the IT (Amendment) Act, 2018, is where content regulation comes in. If social networks are no longer ‘intermediaries’, they will be accountable for what is circulated on their platforms. They will be required to deploy technology or appropriate mechanisms to ‘proactively’ identify and remove access to unlawful content. This is what Twitter already did with <keyword id="6368850" type="DEFINITION" weightage="20" keywordseo="prashant-bhushan">Prashant Bhushan</keyword>’s tweets — and why it could be a problem was highlighted in the <a href="https://www.businessinsider.in/tech/apps/news/twitter-removal-of-prashant-bhushan-tweets-opposed-by-internet-rights-body/articleshow/77667757.cms">letter by the Internet Freedom Foundation (IFF)</a> sent to the social network protesting the move. “This biggest issue is that the term “unlawful” has a broad connotation and social media companies should not be expected to know the intricacies of all statutes to determine what may be lawful or unlawful,” explained lawyer Harsh Walia, a partner at Khaitan &amp; Co. What’s the alternative? One way to standardise the process by which content is regulated and reduce government influence is to have human rights law become the underlying framework. It would also take away the power from social networking platforms to decide what is and isn’t hate speech, according to Choudhary. “Human rights are agreed upon globally, and they also enable transparency. Social networks can cite the law and say why they removed a post. Mark Zuckerberg shouldn’t have to justify his actions — why should he have the power,” she said. The amendment also doesn’t spell out specific consequences — any kind of liability or punishment — for failing to adhere to the requirements. According to Walia, non-compliance with these obligations will lead to a situation where the safe harbor granted to these platforms will no longer be available to violators. “This could expose them to consequences stipulated in respect of the relevant content-related offenses,” he said. India takes center stage “The arguments and the level of scrutiny this time around is different because it’s the US election year. The Indian elections may not have mattered for social media platforms, but the 2016 election <a href="https://www.businessinsider.in/politics/world/news/a-republican-led-senate-panels-report-on-russian-election-meddling-threw-a-wrench-into-trumps-conspiracies-here-are-its-biggest-findings-/articleshow/77619881.cms">changed the conversation in a very big way</a>,” said Choudhary. The problems of how social networks are operating in India may have pulled it to the spotlight due to the upcoming US elections but India — as the world’s largest democracy — can poise itself as a leader, according to Choudhary. “India will have to rise above party lines. It will also have to consider that governments can’t actually pressurise companies to change their policies as and when they deem fit,” she said. SEE ALSO: <a href="https://www.businessinsider.in/defense/news/rajnath-singh-to-address-parliament-on-india-china-border-row-as-tensions-continue-to-simmer-in-ladakh/articleshow/78118498.cms">Rajnath Singh to address Parliament on India-China border row as tensions continue to simmer in Ladakh</a> <a href="https://www.businessinsider.in/business/ecommerce/news/snapdeal-says-it-has-just-tested-deliveries-using-robots-and-it-was-successful/articleshow/78120511.cms">Snapdeal says it has just tested deliveries using robots and it was successful</a> <a href="https://www.businessinsider.in/business/startups/news/ronnie-screwvala-explains-why-covid-edtech-boom-is-unlike-demonetisation-boost-for-digital-payments/articleshow/78119790.cms">Ronnie Screwvala explains why COVID edtech boom is unlike demonetisation boost for digital payments</a>

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Legal doyen and veteran advocate Fali S Nariman passes away at 95

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Tweets criticising India's Supreme Court get tagged as 'hate speech' and incur the judge's wrath ⁠— Twitter caught in the crossfire

Prabhjote Gill

Twitter's decision to 'proactively' remove Prashant Bhushan's tweets opposed by internet rights body

Prabhjote Gill

For Facebook and Twitter, the changes to India's IT (Amendment) Act is just what the doctor ordered — or not

Prabhjote Gill

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