IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION-SAGAR sURYAWANSHI

1. WWW.LIVELAW.IN 1/22 2-pil-3-19.doc pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 3 OF 2019 WITH CIVIL APPLICATION NO. 27 OF 2019 Sagar Rajabhau Suryawanshi ..Petitioner Vs. Election Commission of India and ors. ..Respondents Dr. Abhinav Chandrachud I/by Mr. Sagar Kursija for petitioner. Mr. Pradeep Rajgopal a/w Ms. Drushti Shah for respondent no.1 – Election Commission of India. Mr. Shardul Singh a/w Mr. A. K. Kotecha for respondent no.2 – UOI. Mr. Darius Khambata, Senior Advocate a/w Mr. Rahul Narichania, Senior Advocate a/w Mr. Tejas Karia a/w Ameya Gokhale, Vaibhav Singh, Richa Srivatava and Gaurav Mohanty I/by Shardul Amarchand for respondent no.4. Mr. Iqbal Chagla, Senior Advocate, Mr. Virag Tulzapurkar, Senior Advocate a/w Dinesh Pednekar, Chanakya Keswarni I/by Economic Law Practice for respondent nos.5 and 6. Mr. Ravindra Kadam, Senior Advocate a/w Anirudh Ganu, Rohini Sorte and Pallavi Smirti for respondent no.7 and for applicant in CAI No. 27 of 2019. ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

2. WWW.LIVELAW.IN 2/22 2-pil-3-19.doc CORAM: NARESH H. PATIL, CJ. & N. M. JAMDAR, J. MARCH 29, 2019. P.C. 1. By this Public Interest Petition, the petitioner, a resident of Pune, has raised various issues regarding the use of social media and the purity of election process. 2. The respondents – Facebook, Google, YouTube and Twitter perform an important part in disseminating information to the public. Petitioner apprehends that if the contents on these media, especially the paid advertisements, is not regulated, it is likely to affect the national elections. Section 126 of the Representation of Peoples Act, 1951 places an embargo on publishing and airing content which is likely to affect the election, 48 hours before the election. The petitioner contends that the social media should be brought under the regime of Section 126 of the Act of 1951. The petitioner, on the premise that the national elections are to be held in near future and spread of mis- information can subvert the spirit of free and fair elections in the country, has sought direction against the Election Commission of India to take necessary steps. ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

3. WWW.LIVELAW.IN 3/22 2-pil-3-19.doc 3. The petition was filed in October, 2018. Reply affidavits have been filed by the respondent no.1 – Election Commission of India, respondent no.4 – Facebook, respondent nos.5 and 6 – Google and YouTube and respondent no.8 – Twitter. 4. The parties have placed on record the decisions of the Supreme Court in the case of Secretary, Ministry of Information and Broadcasting vs. Gemini TV (P) Ltd. And ors.,1,Union of India vs. Association for Democratic Reforms and anr.,2, Shreya Singhal vs. Union of I ndia.,3 Myspace Inc. vs. Super Cassettes Industries Ltd.4 The advertising policy of Facebook as regard the matters concerning election in USA and rest of the world is placed on record. The petitioner has also relied upon certain extracts from books and articles to demonstrate the impact of advertisements on the social media on the outcome of the elections. 5. The respondents – Facebook, Twitter, Google and YouTube have made it clear that they are not considering the matter in an adversarial manner and would cooperate with the 1 2 3 4 (2004) 5 SCC 714 (2002) 5 SCC 294 (2015) 5 SCC 1 2016 SCC OnLine Del 6382 ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

4. 4/22 2-pil-3-19.doc Election Commission of India in ensuring that free and fair elections are held in India. 6. In the affidavit-in-reply filed by the Facebook, it has stated as under :- “(2) ADEQUATE ADVERTISERS AUTHORISATION OF 38.Further, Facebook is voluntarily launching a number of tools to expand the transparency of current political advertising policies ahead of Indian General Elections, that will be in place from February 21, 2019. 39.In an effort to combat foreign interference, only authorized advertisers will be allowed to purchase political ads. Anyone who wants to run a political ad in India will need to first confirm his/her identity and location, and give more details about who placed the ad. More details on the proposed policy are available at this Facebook newsroom post:https:// newsroom.fb.com/ news/ 2018/12/ad-transparency- in-india/#more-transparency-in-india. A true copy of this post is annexed hereto and marked as Annexure R-5.” The document, bearing title “Getting authorised to run ads related to politics or issues of national importance” is placed on record by the Facebook. The Facebook has shown its commitment to adhere ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

5. 5/22 2-pil-3-19.doc to the above policy. 7. The Google / YouTube in their reply has stated as under :- “13. It is submitted that to maintain electoral transparency, the Respondent No.5 has announced changes to its election advertising policy, details of the same are as under: a. any election/political advertisement can be placed on Google’s network the Respondent no.5 will require the advertiser to submit the pre-certificates issued to them by the Respondent no.1. Pre-Certificate from Respondent No.1 : before b. further have electoral transparency and maintain authenticity, the Respondent no.5 will allow only India based advertisers to run political advertisements on their platforms i.e. prospective advertisers are inter alia required to attest that they are registered in India and are legally permitted to run election advertisement in India. Verification of election advertisers: In order to c. Respondent no.5 will release a transparency report for election advertisements sharing data about who purchased election advertisements on Googel’s network and how much money is being spent by the advertiser. This database will be available for public research. Transparency Report for election ads: ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

6. 6/22 2-pil-3-19.doc A copy of the publicly available election advertising policies of the Answering Respondents released on 22 January 2019 are hereto annexed and marked as Exhibit D… 14. It is further submitted that as a step further in Respondent no.5’s efforts to bring transparency, Respondent No.5 officially launched India Account Verification and ECI Submission forms, which are now live on the Respondent no.5’s Help Centre Page …..” The policy of the respondents – Google & YouTube is annexed to the affidavit in reply. These respondents have specifically referred to Lok Sabha Election as in India. 8. Twitter, in its reply, has also annexed its policy on political advertising. Relevant extracts from the policy are set out. The petitioner has made a grievance that Twitter follows a different policy in the United State and a different policy in India. Petitioner contends that Twitter should follow more rigorous policy regulating the paid advertisements affecting matters of election in India. The Twitter International Company, registered in Ireland, has filed a Civil Application No.28 of 2019, for impleadment as party-respondent to the Public Interest Petition. This application was allowed and Twitter International Company, ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

7. 7/22 2-pil-3-19.doc is also made party – respondent. The Twitter Inc. i.e. respondent no. 7, by Civil Application No. 28 of 2019, has sought deletion from the array of respondents stating that it operates in United States. 9. The Election Commission of India, under our constitutional framework, is the authority to oversee the process of election. Article 324 of the Constitution of India confers the substantial powers on the Election Commission of India. Article 324 vests the superintendence, direction and control of elections, in the Election Commission. Therefore, the role of Election Commission in this matter is crucial. 10. We have heard the learned counsel for the parties and have perused the replies and the material placed before us. Having considered the arguments, we are of the opinion that the matter requires detailed scrutiny. Hence, Rule. 11. On 24 January 2019, when the petition was heard, the learned counsel for the Election Commission of India sought time to take further instructions and if necessary to file an affidavit. We had directed that Senior Officers of the Election Commission of India and Union of India to attend the hearing on the next date. The matter was thereafter adjourned to 31 January 2019. On ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

8. 8/22 2-pil-3-19.doc 31 January 2019, representative of the Election Commission of India did not remain present, nor the counsel for Election Commission of India was not available. Expressing our displeasure, we had adjourned the matter to 4 February 2019. On 4 February 2019, the Senior Principal Secretary of the Election Commission was present. Two weeks’ time was sought to hold a joint meeting. 12. On 18 February 2019, we had heard the advocates appearing for the private respondents, who sought time to file their reply. On 15 March 2019, we had passed following order :- “ Heard the learned Counsel for the Petitioner and the Respondents. The learned Counsel Mr. Rajgopal for the Election Commission of India makes a statement that the Election Commission of India will implement the directions passed by the Election Commissioner from time to time on social media intermediaries. It is further submitted that the Election Commission would issue directions, keeping in view the affidavits filed by the contesting Respondents, parties herein in the present Public Interest Litigation, with respect of publishing information / advertisement via social media during the prohibited period of 48 hours before the date of polling. 2. the light of the affidavits filed by the Respondents, The Election Commission of India would, in ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

9. 9/22 2-pil-3-19.doc the contentions raised by the Petitioner would formally frame a statement which would be implemented as directions of the Election Commissioner. The statement be placed before this Court on the next date. 3. Stand over to 18th March, 2019 at 3.00 p.m. 4. of this order duly authenticated by the Court Associate of this Court.” The Election Commission may act on the copy 13. Thereafter on 18 March 2019, further order came to be passed, which reads as follows:- “ Mr. Rajgopal, the learned Counsel appearing for the Election Commission of India submits that the next round of consultation will be held on 19 March 2019 for evolving mechanism in respect of publication of political advertisement on social media. The learned Counsel submits that the matter may be kept on Tuesday i.e. 26 March 2019. 2. by Mr.Rajiv Rajan, Under Secretary to the Election Commission of India annexing a written statement captioned as `Counsel Statement’ running from paragraphs `A’ to `F” is taken on record. Mr. Rajgopal places on record a communication 3. occasions. It is informed that the program for the Lok Sabha Election has already been announced and the Code of Conduct has been made operative. In this The Petition has been heard on several ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

10. 10/22 2-pil-3-19.doc view of the matter, it is expected that the Election Commission of India will place on record a formal decision taken in this regard. 4. “fordirections”. Stand over to 26 March 2019 under the caption We had noted that the programme for Lok Sabha Election was announced and Code of Conduct has been made operative and we expected Election Commission of India to place on record a formal decision. Accordingly, the matter was adjourned to 26 March 2019. 14. The learned counsel for the Election Commission of India has reiterated that the Election Commission is committed to ensure free and fair elections in India. The Election Commission has ample power and in fact a duty to ensure that there is free and fair election. The role of the Election Commission of India is commented upon by the Supreme Court in the case of Association for Democratic Reforms. The Supreme Court has held that the jurisdiction of the Election Commission is wide enough to include all powers necessary for smooth conduct of elections and the word “elections” is used in a wide sense to include the entire process of election. It is observed that when Parliament or State Legislature has made a valid law relating to or in ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

11. 11/22 2-pil-3-19.doc connection with elections, the Commission is required to act in conformity with the provisions. In case where the law is silent, Article 324 is a reservoir of power to act for the avowed purpose of having free and fair election. The Supreme Court has also held that infinite variety of situations that may arise from time to time in the large democracy, as every contingency could not be foreseen or anticipated by the enacted laws or the rules. Thus by issuing necessary direction, the Commission can fill the vacuum till there is legislation on the subject. 15. The Counsel for Election Commission of India has today placed before us a press note issued on 23 March 2019. The press note refers to general election to 17th Lok Sabha, 2019 and State Legislature Assembly Election. It also refers to media coverage during the period referred in Section 126 of the Act of 1951. A Voluntary Code of Ethics for the General Election 2019 evolved by Internet and Mobile Association of India is also placed on record. The learned counsel for the Election Commission of India states that this press note be treated as a decision / direction of the Election Commission of India. In view of the orders dated 15 March and 18 March 2019, we take this document on record as a decision of the Election Commission of India on the subject. ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

12. 12/22 2-pil-3-19.doc 16. For the sake of convenience we have reproduced the relevant passages from the decision dated 23 March 2019 :- “2. During elections, there are sometimes allegations of violation of the provisions of the above Section 126 of the Representation of the People Act, 1951 byTV channels in the telecast of their panel discussions/debates and other news and current affairs programmes. The Commission has clarified in the past that the said Section 126 prohibits displaying any election matter by means, inter alia, of television or similar apparatus, during the period of 48 hours ending with the hour fixed for conclusion of poll in a constituency. “Election matter” has been defined in that Section as any matter intended or calculated to influence or affect the result of an election. Violation of the aforesaid provisions of Section 126 is punishable with imprisonment upto a period of two years, or with fine or both. 3. TV/Radio channels and cable networks/internet website / social media platforms should ensure that the contents of the programmes telecast/ boradcast/ displayed by them during the period of 48 hours referred to in Section 126 do not contain any material, including views / appeals by panelists/ participants that may be construed as promoting / prejudicing the prospect of any particular party or candidate(s) or influencing / affecting the result of the election. This shall, among other things include display of any opinion poll and of standard debates, analysis, visuals and sound-bytes. The Commission once again reiterates that the ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

13. 13/22 2-pil-3-19.doc 4. Section 126A of the R.P. Act 1951, which prohibits conduct of Exit poll and dissemination of its results during the period mentioned therein, i.e. the hour fixed for commencement of poll in the first phase and half an hour after the time fixed for close of poll for the last phase in all the States. In this connection, attention is also invited to 5. concerned TV/Radio/Cable/FM channels/internet websites / Social Media platforms are free to approach the state / district/ local authorities for necessary permission for conducting any broadcast / telecast related events (other than exit polls) which must also conform to the provisions of the model code of conduct, the programme code laid down by the Ministry of Information and Broadcasting under the Cable Network (Regulation) Act with regard to decency, maintenance of communal harmony, etc. All Internet websites and Social Media platforms must also comply with the provisions of The Information Technology Act, 2000 and ECI guidelines No- 491/SM/2013/Communication, dt 25th October, 2013, for all political content on their platform. As regards political advertisement, the same needs pre- certification by the Committees set up at State / District level as per the Commission’s order No.509/75/2004/JS-I, dt 15th April, 2004. 6. Attention of all print media is also drawn to the following guidelines issued by Press Council of India to follow for observance during the election: i. It will be the duty of the Press to give objective reports about elections and the candidates. During the period not covered by Section 126, ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

14. 14/22 2-pil-3-19.doc The newspapers are not expected to indulge in unhealthy election campaigns, exaggerated reports about any candidate/ party or incident during the elections. In practice, two or three closely contesting candidates attract all the media attention. While reporting on the actual campaign, a newspaper may not leave out any important point raised by a candidate and make an attack on his or her opponent. ii. Election campaign along communal or caste lines is banned under the election rules. Hence, the Press should eschew reports, which tend to promote feelings of enmity or hatred between people on the ground of religion, race, caste, community or language. iii. The Press should refrain from publishing false or critical statements in regard to the personal character and conduct of any candidate or in relation to the candidature or withdrawal of any candidate or his candidature, to prejudice the prospects of that candidate in the elections. The Press shall not publish unverified allegations against any candidate / party. iv. The Press shall not accept any kind of inducement, financial or otherwise, to project a candidate / party. It shall not accept hospitality or other facilities offered to them by or on behalf of any candidate / party. v. The Press is not expected to indulge in canvassing of a particular candidate/party. If it does, it shall allow the right of reply to the other candidate/party. ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

15. 15/22 2-pil-3-19.doc vi. The Press shall not accept / publish any advertisement at the cost of public exchequer regarding achievements of a party / government in power. vii. The Press shall observe all the directions / orders/ instructions of the Election Commission/ Returning Officers or Chief Electoral Officer issued from time to time. 7. the “Guidelines for Election Broadcasts” issued by NBSA dt 3rd March, 2014. Attention of the electronic media is invited to i. News broadcasters should endeavour to inform the public in an objective manner, about relevant electoral matters, political parties, candidates, campaign issues and voting processes as per rules and regulations laid down under The Representation of the People Act 1951 and by the Election Commission of India. ii.News channels shall disclose any political affiliations, either towards a party or candidate. Unless they publicly endorse or support a particular party or candidate, news broadcasters have a duty to be balanced and impartial, especially in their election reporting. iii.News broadcasters must endeavour to avoid all forms of rumor, baseless speculation and disinformation, particularly when these concern specific political parties or candidates. Any candidate/political party, which has been defamed or is ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

16. 16/22 2-pil-3-19.doc a victim of misrepresentation, misinformation or other similar injury by broadcast of information should be afforded prompt correction, and where appropriate granted an opportunity of reply. iv.News broadcasters must resist all political and financial pressures which may affect coverage of elections and election related matters. v.News broadcasters should maintain a clear distinction between editorial and expert opinion carried on their news channels. vi.News broadcasters that use video feed from political parties should disclose it and appropriately tagged. vii.Special care must be taken to ensure that every element of news/ programmes dealing with elections and election related matters is accurate on all facts relating to events, dates, places and quotes. If by mistake or inadvertence any inaccurate information is broadcast, the broadcaster must correct it as soon as it comes to the broadcaster's notice with the same prominence as was given to the original broadcast. viii.News broadcasters, their journalists and officials must not accept any money, or valuable gifts, or any favour that could influence or appear to influence, create a conflict of interest or damage the credibility of the broadcaster or their personnel. ix.News broadcasters must not broadcast any form of 'hate speech' or other obnoxious content that may lead to incitement of violence or promote ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

17. 17/22 2-pil-3-19.doc public unrest or disorder as election campaigning based on communal or caste factors is prohibited under Election Rules. News broadcasters should strictly avoid reports which tend to promote feelings of enmity or hatred among people, on the ground of religion, race, caste, community, region or language. x. News broadcasters are required to scrupulously maintain a distinction between news and paid content. All paid content should be clearly marked as "Paid Advertisement" or "Paid Content”: and paid content must be carried in compliance with the "Norms & Guidelines on Paid News" dated 24.11.2011 issued by NBA. xi.Special care must be taken to report opinion polls accurately and fairly, by disclosing to viewers as to who commissioned, conducted and paid for the conduct of the opinion polls and the broadcast. If a news broadcaster carries the results of an opinion poll or other election projection, it must also explain the context, and the scope and limits of such polls with their limitations. Broadcast of opinion polls should be accompanied by information to assist viewers to understand the poll's significance, such as the methodology used, the sample size, the margin of error, the fieldwork dates, and data used. Broadcasters should also disclose how vote shares are converted to seat shares. xii.The broadcasters shall not broadcast any "election matter" i.e. any matter intended or calculated to influence or affect the result of an election, during the 48 hours ending with the hours ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

18. 18/22 2-pil-3-19.doc fixed for the conclusion of poll in violation of Section 126(1)(b) of the Representation of the People Act1951. xiii.The Election Commission of India (ECI) will monitor the broadcasts made by news broadcasters from the time elections are announced until the conclusion and announcement of election results. Any violation by member broadcasters reported to the News Broadcasting Standards Authority (NBSA) by the Election Commission will be dealt with by the NBSA under its regulations. xiv.Broadcasters should, to the extent possible, carry voter education programmes to effectively inform voters about the voting process, the importance of voting, including how, when and where to vote, to register to vote and the secrecy of the ballot. xv.News broadcasters must not air any final, formal and definite results until such results are formally announced by the Election Commission of India, unless such results are carried with clear disclaimer that they are unofficial or incomplete or partial results or projections which should not be taken as final results. 8. (IAMAI) has also developed a “Voluntary Code of Ethics” for all the participating social media platforms to ensure free, fair & ethical usage of their platforms to maintain integrity of electoral process during the Internet and Mobile Association of India ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

19. 19/22 2-pil-3-19.doc general elections to the Lok Sabha 2019 and Legislative Assemblies of four states and the bye- elections being held simultaneously. Attention of all concerned Social Media platforms is invited to the following text of “Voluntary Code of Ethics” dt 20th March, 2019: i.Participants will endeavour to, where appropriate and keeping in mind the principle of freedom of expression, deploy appropriate policies and processes to facilitate access to information regarding electoral matters on their products and/ or services. ii.Participants will endeavour to voluntarily undertake information, communication campaigns to build awareness including electoral laws and other related instructions. Participants will also endeavour to impart training to the nodal officer at ECI on their products/ services, including mechanism for sending requests as per procedure established by law. education and iii.Participants and the Election Commission of India (ECI) have developed a notification mechanism by which the ECI can notify the relevant platforms of potential violations of Section 126 of the Representation of the People Act, 1951 and other applicable electoral laws in accordance with procedures established by law. These valid legal orders will be acknowledged and/ or processed within 3 hours for violations reported under Section 126 as per the Sinha Committee recommendations. All other valid legal requests will be acted upon expeditiously ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

20. 20/22 2-pil-3-19.doc by the Participants, based on the nature of reported violation. iv.Participants are creating/opening a high priority dedicated reporting mechanism for the ECI and appoint dedicated person(s) / teams during the period of General Elections to interface with and to exchange feedback as may assist with taking expeditious action upon receipt of such a lawful request, following due legal process, from the ECI. v.Participants will provide a mechanism for relevant political advertisers, in accordance with their obligations under law, to submit pre-certificates issued by ECI and/ or Media Certification & Monitoring Committee (MCMC) of the ECI in relation to election advertisements that feature names of political parties, candidates for the 2019 General Elections. Further, Participants process/action paid political advertisements lawfully notified to Participants by the ECI that do not feature such certification. shall expeditiously vi.Participants will commit to facilitating transparency in paid political advertisements, including utilising their pre-existing labels/ disclosure technology for such advertisements. vii.Participants will, pursuant to a valid request received from the ECI, via Internet and Mobile Association of India (IAMAI) provide an update on the measures taken by them to prevent abuse of their respective platforms. viii. IAMAI will coordinate with the ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

21. 21/22 2-pil-3-19.doc Participants on the steps carried out under this Code and IAMAI as well as Participants will be in constant communication with the ECI during the election period.” 17. Thus we take note of the decision dated 23 March 2019 as above. We also accept the commitments made on the affidavits by the private respondents. These statements made on affidavit, the decision dated 23 March 2019 and the Voluntary Code of Ethics, would therefore be followed as an interim arrangement during the pendency of this Public Interest Petition. 18. A concern was expressed by the petitioner in respect of the Clause No. 8(iii) referred to in the decision dated 23 March 2019. The petitioner states that period of three hours for removal of content as per the orders, is unduly long and would frustrate the object of placing an embargo of 48 hours. The counsel for the petitioner has cited examples from other countries, where according to him such a content is required to be taken down in 15 minutes. 19. Considering the speed at which sometimes information spreads and travels on the Internet (in common parlance –go viral), we cannot say that the concern expressed by ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::

22. 22/22 2-pil-3-19.doc the petitioner is entirely unfounded. This issue, however, will have to be looked into by the Election Commission. The Election Commission will take a decision in respect of three hours’ period as above. The decision be taken within a period of one week from today. 20. As regard the Civil Application No. 27 of 2019 filed by the Twitter Inc. i.e. respondent no.7, we are of the opinion that it will be appropriate that the same is not disposed of at this stage but is considered along with the main Petition. We may, however, at this stage note the averments made in the Civil Application that the Twitter Inc. - Respondent No.7 does not operate in India and that it is the Twitter International -Respondent No.8, which is responsible for the operations in India. 21. Liberty to the parties to file further affidavit. 22. Parties to act on the authenticated copy of this order. N. M. JAMDAR, J. CHIEF JUSTICE ::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 18:41:41 :::