In an effort to upscale technology laws, the government has set forth proposed adjustments to the Information Technology (IT) Act. These modifications, which are open to public commentary, aim to replace regulations formulated in 2011. The principal objective of these rules is to solidify accountability among social media and internet firms with over five million users towards content disseminated on their platforms. A critical part of this proposal seeks to clamp down on “unlawful content” across social media channels and necessitate platforms like WhatsApp, Facebook, and Twitter to trace the “originator” of such information.
Necessity for Enhanced IT Laws
The Information Technology Act was instituted in 2000 to facilitate electronic transactions, provide legal recognition to e-commerce and e-transactions, facilitate e-governance, obstruct computer-based crimes, and enforce security procedures. As per section 79(2)(c) of the IT Act, intermediaries are required to exercise due diligence in discharging their duties and follow guidelines as put forth by the Central Government. Consequently, the Information Technology (Intermediaries Guidelines) Rules, 2011 were introduced.
Over the years, India has witnessed an increase in mob lynching incidents, often inflamed by fake news circulated through WhatsApp and other social media platforms. This presents new challenges for law enforcement agencies like the circulation of obscene content, inducement for terrorist recruitment, and incitement to violence.
The Proposed Amendments to IT Act
The Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018 stipulate that social media intermediaries should establish rules to prevent users from engaging in online activities involving objectionable content. They are required to assist government agencies within 72 hours of request for issues concerning State or cyber security. It is vital that the “originator of the information” can also be traced to register a First Information Report (FIR).
Preserving User Privacy and Promoting Law Enforcement
The proposal necessitates online intermediaries to appoint a local contact person available around-the-clock for coordination with law enforcement agencies. These platforms should remove or disable access to unlawful content within 24 hours, preserving such information and corresponding records for at least 180 days for investigative purposes.
| Immediate Action | Expected Outcome |
|---|---|
| Deploy technology-based tools | Identify and restrict public access to unlawful information |
| Report cybersecurity incidents | Collaborate with Indian Computer Emergency Response Team |
| Assign Grievance Officer | Address user complaints against misuse |
Alignment with Supreme Court Orders and Criticisms
The updated draft aligns with Supreme Court rulings aimed at countering malicious online content. Critics argue that these rules may increase state surveillance, leading to potential infringement on citizen privacy.
Understanding Internet/Online Intermediary
An internet intermediary provides services facilitating internet use. Classifications include “conduits”, technical providers of internet services, and “hosts”, online platform and storage service providers.