The petition also states that the orders in question are manifestly arbitrary, and procedurally and substantively not in consonance with Section 69A of the IT Act. Further, they fail to comply with the procedures and safeguards prescribed by the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (Blocking Rules).
Twitter has argued that the direction to block entire accounts falls afoul of Section 69A of the IT Act. The ambit of ‘information’ that may be blocked under this provision extends only to blocking information that is available and does not extend to preventing information from being generated, transmitted, received, stored or hosted, the plea states.
“…Blocking Orders to withhold access to the entire account cannot be issued without providing cogent reasons as to why such account level blocking in necessary or expedient…account level blocking is a disproportionate measure and violates rights of users under the Constitution.”