The government of India has specified in the Delhi High Court in an affidavit that Twitter no longer has Safe Harbour Protection under the Information Technology Act, 2000 (IT Act) since it has not "completely" complied with the IT Rules, 2021. IT Act section 79 specifies that intermediaries cannot be held accountable for third-party information, data, or communication links made available or hosted by them. This means that intermediaries such as Twitter or ISPs are not held accountable if users misuse the infrastructure, in this case, the platform should be responsible. It is guaranteed only when the intermediary does not 'initiate the transfer,' 'choose the receiver of the transmission,' and 'change the information contained in the transmission.'

Because the platform functions just as a carrier for the messages that users A and B wish to send to each other, it will be secure from legal action. The Electronics and Information Technology Ministry claimed that Twitter is a significant social media intermediary as specified under Rule 2(1)(v) of the IT Rules 2021. Consequently, all intermediaries are obligated to comply with R.3 and R.4 in order to avail themselves of the exemptions from liability under S.79(1) of the Information Technology Act, 2000. Compliances with the R.4 requirements are now mandatory. Also, rule 7 specifies that when an intermediary fails to comply with these rules, S.79 (1) won't apply, and the intermediary shall be accountable for any applicable punishment for the content.

Despite three months granted to all SSMIs to comply with the IT Rules 2021, Twitter has failed to comply entirely. Twitter stated in its response to the case Amit Acharya v. Union of India, in which Moitra and Chaturvedi were parties, that "The tweets were not of a category for which Twitter takes action under our policies, regulations, and terms of service." "Your complaint indicates that the tweets are untrue, illegal, and defamatory." Twitter stated that because it is a middleman, Twitter could not "arbiter of" the tweets.

The pleading further requested Twitter to implement a grievance officer under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) by May 25 and asserted that a government of India circular instructed compliance with that directive.