Are all social media sites going to be banned?

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#NEW IT rules 2021 / New IT act

 

#Social Media India news / rules /social media ban

 

Market has been inundated with the news , regarding banning of  social media  sites.

On May 5, 2021 ( just a day before new IT rules come into force)  Whatsapp filed a legal complaint in Delhi Highcourt against Indian government citing New IT rules undermines people’s right to privacy.

 

 

 

 




#Background story

In February 2021 , government of India came out with set of rules called “ The Information Technology  ( Intermediary guideline and Digital  Media Ethics Code) Rules 2021‘’ or commonly known as New IT Rules, aiming  to provide a larger grievance redressal mechanism to users  of all social media platform which have user base of more than 50 lakh (5 million) users and these social media platforms were given deadline of 3 months to comply with new rules.But all companies failed to meet with the deadline(except koo) which expired on 26th may.

  

#Key provisions of New IT Rules includes:-

 




 

1.)     Appoint a chief compliance Officer who shall be responsible for ensuring compliance with the act and rules . such a person should be a resident in India.

2.)         Appoint a Nodal contact person for 24*7 co-ordination with law enforcement agencies . Such a person shall be resident in India .

3.)        Appoint a resident grievance officer who shall perform the functions mentioned under Grievance Redressal Mechanism. Such a person shall be a resident of INDIA.

4.)        Publish a monthly compliance report mentioning the details of complaints as well as details of contents removed proactively by the significant social media intermediary.

5.)     Identification of the first originator of the information . Extent of this provision is limited to India , in case where the first originator is located outside, then first originator of that information within the territory of India shall be deemed to be the first originator.


 

 

# Will  these sites be banned in India?

 




Non – compliance of these guidelines would not lead to banning of these social media platforms(atleast not any time soon) instead they might loose the immunity provided by SEC. 79 of IT Act.

The sec. 79 specifically gives digital media platforms  immunity in a way against libality for posts made on their networks, third party information or data i.e. If A posts something on any social media platform which hurts B , then that social media platform would not be liable instead only A  would be liable but if this immunity  is removed then that social media platform would also  be liable  and A can file a legal complaint against that social media platform .

 

 

# Concern  with new rules:

 

1.)     Social sites would be compelled to break end-to-end encryption for giving information regarding originator of content which would have major impact on individual privacy.

2.)     Rules go beyond internet platforms to also cover digital news organization , giving government much power to intervene , censor and re-classify online material(including digital media).

3.)     Since, these are rules not laws, the government may make massive changes to the way the internet will work in India, but without having to take the matter to Parliament.

4.)     The rules  create a bureaucratic super-structure that gives the executive much more power regarding regulation of internet online

5.)     The Rules create futile ad-ditional operational costs for inter-mediaries. There-fore, not only do these Rules place a barrier on the “marketplace of ideas” but also on the economic market of intermediaries



 

#Way forward :

It is true that social media platforms act as  catalyst in spreading fake news, religious disharmony , political agendas but curbing there power at the cost of individual privacy is not a feasible way , instead some mediocre way should be used like converting personal data protection bill into a law which classifies data as personal data and sensitive personal data(financial data, religion , political affilations , caste etc.)    and personal data (as per notified by central government) and no one could use our sensitive personal data in any form.

 

 IDEA BY: AIMAN ZAKI

EXECUTED BY: RAVI JONWAR

AIDED BY:JATIN MATHUR, KHUSHI SONI, ANUSHKA YADAV,

EDITED BY: MAYUR SHRIVASTAVA AND ANSH PANDEY

SUPPORTED BY: DEEKSHA, HEMANT

 

For any queries contact us at -

Teamoddangle5566@gmail.com

 

 

   

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