(iii) To the extent that the Plaintiffs seek in its prayers
a blanket direction to block/disable videos from its
websites ―across the globe‖ which is beyond the
territorial jurisdiction of the Hon‘ble Court. It is
respectfully submitted that every country has its own
standards of Free Speech and Expression – what is
lawful in one country may not be lawful in another
country and every country has its own standards of
Free Speech within its territorial limits. It is pertinent
to mention that the said right is not affected by the
nature of media use for communication. Therefore, any
attempt by the Plaintiffs to seek implementation of
orders passed by this Hon‘ble Court (which are
undisputably based on the Indian Legal Framework)
beyond Indian borders and thus, enforce Indian legal
standards of defamation and Free Speech across the
world, would outright contradict critical international
law presumptions of territoriality and principles of
international comity. It is submitted that courts across
the world and in India have consistently held that
orders passed by them ought to be limited to the
territorial jurisdiction of the country.
It is respectfully submitted that the Answering
Defendants are intermediaries that operate in several
countries under the local domain to such countries, in
compliance with the respective legal framework of
those countries and targeting the local citizenry. Any
order for global removal would expose the Answering
Defendants to liability for censoring content in a
particular country, in contravention to the free speech
standards of those jurisdictions.”
Written statement of Twitter
43.
Twitter claims that it is a social media platform. Further, the
description of the Twitter service is pleaded as under:
“3.
The present suit is not maintainable against
the answering Defendant, which makes available the
CS (OS) 27/2019
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