New IT rules only to tackle misuse of social media, give users redressal mechanism, says Ravi Shankar Prasad

With Twitter and WhatsApp up in arms towards the federal government’s new tips for social media platforms, IT and Law Minister Ravi Shankar Prasad advised The Puucho these tips are to cope with the difficulty of misuse of such platforms. He confused that these rules only give a redressal mechanism to the users, with complaints to be dealt with between the users and the social media middleman.

The authorities, he stated, is just not concerned. On the difficulty of tracing the originator of WhatsApp messages, the Minister stated unusual users of WhatsApp don’t have anything to concern. “I am giving my word,” he stated. 

Edited Excerpts:

Some social media corporations have raised concern over the clause relating to staff being jailed underneath the brand new Rules

As per the Rule 4(A), social media platforms want to appoint a chief compliance officer who shall be chargeable for making certain compliance with the Act and the rules thereunder and shall be liable in any continuing relating to third get together info the place he/she fails to guarantee that due diligence was adopted by the middleman.

The failure to observe due diligence is a precondition for beginning an motion. The Rules add that no legal responsibility will likely be imposed upon the numerous social media middleman, with out being granted a chance to be heard. So, all safeguards are there. If intermediaries are already assuming that they won’t comply with due diligence, that’s their fault. If they’ve the intention not to pursue due diligence, there will likely be penalties.

Also learn: As new IT rules come into pressure on May 26, Facebook says it goals to comply

Similarly, elimination of content material can be preceded by precondition. Intermediaries shall take away or disable entry inside 24 hours of receipt of complaints of contents that expose the personal areas of people, present such people in full or partial nudity or in sexual act or is within the nature of impersonation together with morphed pictures and so forth. Such a grievance will be filed both by the person or by every other particular person on his/her behalf…What is on this? For elimination of content material through authorities orders, there may be already a course of underneath Section 69(A) underneath the IT Act.

The situation is just not of use, however misuse and abuse of these platforms, and do the victims of abuse have a discussion board or not. And we [government] are out of it. This is between the social media platforms and their users who’re the victims of abuse.

Also learn: New IT rules | Centre seeks compliance report from intermediaries

The Rules got here into impact on May 26, what motion will likely be taken for non-compliance?

What motion I’ll take or the division will take is just not to be debated in a public interview. Leave it to us. We will resolve inside the full confines of the governance course of. Let me reiterate: They are supposed to comply with the rules. These rules are for the nice of their users only. It is unacceptable that they are going to earn good income right here, with which we have now no quarrel, but when any helpless sufferer is having a problem with misuse, they need to go to America. When a distraught mom approaches me saying that my daughter’s ex-boyfriend is circulating her intimate images. What ought to I do? Ask her to complain to America, as Twitter says? This situation is just not acceptable.

These legal guidelines haven’t come instantly. These had been work in progress for three-four years. There had been two court docket orders, command of Parliament and demand of the civil society, adopted by large-scale session. 

Will this situation impression India’s picture, significantly in phrases of doing enterprise?

No. Many firms have complied with the rules. These usually are not the query of any picture of a rustic, these are mainly the rights of the users towards misuse. Any strong democracy which permits freedom of speech and expression, should additionally enable a discussion board for redressal of complaints, which is what these tips are.

The Rules are very clear. They have to appoint India-based staff — a grievance redressal officer, compliance officer and a nodal officer to coordinate with the federal government. Are we asking for the moon? Do they want a UPSC-type examination to make these appointments? As an interim measure, they will relocate one of their staff right here.

When Indian IT firms go to do enterprise in America, do they comply with the legal guidelines or not? Indian pharma firms go for manufacturing in America, do they comply with the American legal guidelines or not? There will likely be no compromise on the digital sovereignty of India.

The Government and WhatsApp have been at loggerheads over the difficulty of originator of messages for over two years, and now they’ve gone to the court docket, citing privateness considerations.

Ordinary users of WhatsApp don’t have anything to concern. I’m giving my phrase. Messages between pals, doctor-patient, lawyer-clients, media-source, girlfriend-boyfriend… all these personal messages will proceed unhindered within the encrypted format. What we’re searching for is when a message that’s already in circulation has gone viral, is inflicting riots, mob lynching, terrorism, impinging upon safety and security of India, and displaying a lady being raped or in nudity or little one abuse…only in these outlined instances, safety companies can ask please clarify who began this. That’s all. The content material is already within the public area.

I would like to contact upon what privateness is? The Supreme Court itself has stated privateness rules have sure exemptions…terrorists, a legal or a corrupt particular person can not have a proper of privateness, in any other case no investigation will be achieved…In my very thought of view, privateness means the core of your existence… your sexual preferences, your matrimonial relationship, relationship amongst relations, your personal correspondence, your medical information, your property for those who’re not a public servant. The proper of a minor… These are the recognised nuances of privateness.

And the issues of expertise will be solved by expertise. It is their [WhatsApp’s] duty… When throughout the Cambridge Analytica situation, the info of over 5 lakh Indians was leaked by them [Facebook], the place was privateness? In their newest privateness coverage, they’re saying that users’ information will likely be shared with the enterprise associates. Where is the privateness there? Therefore, if the main points are being sought that are in affordable classification and in public curiosity, why are you debating about it? Are they not giving it in lots of overseas nations?

WhatsApp has stated they are going to wait until the non-public information safety invoice comes. What is the progress on that?

The choose committee has given their report and have achieved an excellent job. Covid-permitting, within the subsequent session I’ll like to push it.

India has an amazing potential to turn into a knowledge economic system. We generate enormous quantities of information as a result of of our inhabitants. Let me proudly assert that our information safety legislation very clearly enjoins no information will be taken from anybody with out his consent voluntarily. The processor of information should use it only to the extent consented.

Google has sought safety towards the IT tips saying it’s a search engine and never an middleman

Let us not take shelter underneath technicalities. Is it not the ethical obligation of the platform by no matter identify it goes to respect the dignity of ladies whose bare, morphed pictures are circulated? Should there not be a mechanism that we are going to not choose up any such content material except we’re proven that there’s a component of consent for public consent. It is an ethical in addition to social obligation of these social media corporations.