The new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, also referred to as the brand new IT Rules 2021, come into impact from at this time. This is after a three-month window was given to giant social media networks in India to adjust to these tips, which have been first launched in February. The new guidelines clearly outline giant social media platforms as these having greater than 50 lakh registered customers, which implies Facebook, Twitter, Instagram and the made in India Koo app, all get categorized as giant social media platforms. The focus of those new guidelines for social media contains the requirement to nominate a resident grievance officer as half of a bigger grievance redressal mechanism, lively monitoring of content material on the platform, month-to-month compliance reviews for Indian customers and self-regulation mechanisms.
Yet, as we sailed in the direction of May 26 and the implementation of the brand new IT Rules 2021, there was a way of panic on social media as customers are questioning if not complying with the brand new IT Rules 2021 would result in Facebook and Twitter getting banned in India. This is the place the subsection 1 of the part 79 of the IT Rules 2021 comes into play. This has been clearly talked about within the new IT Rules 2021. “When an intermediary fails to observe these rules, the provisions of sub-section (1) of section 79 of the Act shall not be applicable for such intermediary and the intermediary shall be liable for punishment under any law for the time being in force including the provisions of the Act and the Indian Penal Code”. The part 79 particularly provides digital media platforms similar to Facebook, Twitter, YouTube and WhatsApp immunity in a means in opposition to legal responsibility for posts made on their networks, third celebration data or information.
If social media corporations don’t adjust to the brand new IT Rules 2021, it has been clearly acknowledged that this authorized immunity will probably be withdrawn and digital media platforms will probably be a part of the authorized proceedings, if any. Sub-section 1 of part 79 of the IT Act says, “Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him.” The sub-sections 2 and three state that the authorized immunity provisions apply if “the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted” and the middleman doesn’t provoke the transmission, choose the receiver of the transmission or choose and modify the knowledge contained in any transmission.
What this principally signifies that whereas the brand new IT Rules 2021 come into drive from at this time after a three-month window for compliance, social media apps together with Facebook and Twitter may at greatest face a rap on the knuckles for non-compliance with the brand new guidelines, together with grievance redressal and lose the authorized immunity close to any authorized proceedings in India, which can maintain them accountable for content material that could be shared or posted on their platforms. The new IT Rules 2021 don’t point out any ban for non-compliance.
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