The Madhya Pradesh police on Thursday sent a notice to Twitter’s legal department asking the platform to remove a picture posted by Canada-based film maker Leena Manimekalai which shows two people dressed as Lord Shiva and a goddess smoking.
Multiple FIRs have been filed against Manimekalai over a poster of her film that depicted goddess Kali smoking a cigarette. Twitter has since pulled down the poster, following complaints from the government.
Seeking action against Thursday’s picture, Bhopal deputy commissioner of police (cyber intelligence and cyber crime), Amit Kumar, said the state police has sent a notice under section 79 of the Information Technology Act, 2000 for removal of unlawful content and providing relevant evidence for the investigation /prosecution of a case registered against Manimekalai under section 295A of IPC.
The notice said, “The said illegal content has been caused to be published by your website on the internet for which you are liable to be prosecuted subject to your compliance to the provision of section 79(2)(c) and (3)(b)of the Information Technology act 2000 read with the information Technology (Intermediaries guidelines) Rules, 2011.”
“Further in terms of the rule 3(7) of The Information Technology (Intermediaries guidelines) Rules 2011 and the section 91 of the code of criminal procedure 1973,you are requested to provide the following information which is required for the purpose of investigation and prosecution in the aforementioned case,” reads the notice.
{{/usCountry}}“Further in terms of the rule 3(7) of The Information Technology (Intermediaries guidelines) Rules 2011 and the section 91 of the code of criminal procedure 1973,you are requested to provide the following information which is required for the purpose of investigation and prosecution in the aforementioned case,” reads the notice.
{{/usCountry}}“Failure to comply with the aforesaid directed issued in term of the provision of section 79 IT Act 2000 will make you liable to be prosecuted for the abetment or conspiracy or committing the offence, mentioned in the aforesaid FIR subject to the outcome of the investigation. Further failure to comply with the direction under section 91 of Cr.P.C is a punishable offence under section 117 of Indian Penal Code,” said the notice.