New IT rules | Centre seeks compliance report from intermidiaries
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Govt, on Feb. 25, notified Rules, giving them 3 months for compliance
The Ministry of Electronics and Information Technology (MeitY) has written to all vital social media intermediaries — who’ve over 50 lakh registered customers within the nation, requesting particulars of compliance with the brand new tips that got here into impact on Wednesday, regardless of a number of requests of extension from the business.
In a letter dated May 26, the ministry has sought affirmation and particulars, together with contact particulars of the chief compliance officer, nodal contact particular person and resident grievance officer, “ASAP and preferably today itself”, from all vital social media intermediaries (SSMIs).
The Union authorities, on February 25, notified the ‘The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021’, giving the SSMIs three months for compliance.
“As you, including your parent company or any other subsidiary, provide a variety of services in India some of which falls within the definition of SSMIs…Accordingly, as part of ascertaining the compliance to these Rules, you are requested to provide the following information…” the ministry stated within the letter.
Also learn: Govt pronounces new social media rules to curb its misuse
The SSMIs have to offer particulars reminiscent of identify of app/web site or service, bodily contact handle in India, compliance standing of the rules. In case these platforms should not thought of a SSMI, they need to submit causes together with registered customers on every of the companies supplied.
“The Government reserves the right to seek any additional information, as may be permitted within these Rules and the IT Act. Please confirm and share your response ASAP and preferably today itself,” the letter acknowledged.
The new rules make it necessary for platforms reminiscent of WhatsApp, Signal and Telegram to help in figuring out “originator” of “unlawful” messages, whereas additionally requiring social media networks to take down such messages inside a particular timeframe, arrange grievance redressal mechanism in addition to help the federal government businesses in investigation.
Due to non-compliance of those legal guidelines, the SSMIs might lose the ‘safe harbour’ safety that at present provides them safety towards legal responsibility (civil in addition to felony) for content material posted on their platform by third social gathering customers.
Stand of Facebook
On Tuesday, Facebook stated it “aims to comply” with the provisions of the IT rules and proceed to debate a number of of the problems that want extra engagement with the federal government. Telegram had stated it has complied with “almost all the new IT laws”, whereas Indian microblogging platform Koo stated it had met the compliance necessities. Twitter and WhatsApp haven’t commented on whether or not they’re in compliance with the brand new legal guidelines.
Google too didn’t specify whether or not it was in full compliance of the brand new rules. It, nevertheless, stated on Tuesday that “We respect India’s legislative process and have a long history of responding to government requests to remove content where the content violates the local law or our product policies. We have consistently invested in significant product changes, resources, and personnel to ensure that we’re combating illegal content in an effective and fair way, and in order to comply with local laws in the jurisdictions that we operate in.”
Over the previous two months, varied business our bodies, together with the CII, FICCI, US-India Business Council (USIBC), Asia Internet Coalition (AIC) and the US-India Strategic Partnership Forum, have written to the federal government looking for as much as a one-year compliance window, notably within the view of the pandemic.
Citing the second COVID-19 wave within the nation, the business had expressed its lack of ability to conform throughout the stipulated timeline. They acknowledged that transition to the newly notified rules required intensive capability constructing, new operational fashions, product redesign, and personnel on boarding.
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