The clock is ticking for social media platforms like Facebook and Twitter, which have a user base of more than 50 lakh in India. On February 25, the center announced rules for these platforms in the “major social media intermediaries” and provided a three-month compliance window ending May 25.
According to sources, a lot of these multinational social media platforms have broken the rules.
Sources said if the government did not receive a compliance report by May 25, the companies would be considered “forfeited their intermediary status” under the rules communicated.
This can have serious consequences, including loss of immunity. In simple terms, anyone who is dissatisfied with content on these platforms can bring both the person or company – who publishes the content – and the social media company to court. The status of an “intermediary” gave these platforms legal protection.
THE NON-COMPLIANCE
The guidelines were announced on February 25th by MeitY Minister Ravi Shankar Prasad and I&B Minister Prakash Javadekar.
In a joint press conference, the duo had clearly stated that the deadline for major social media companies to comply with the rules would end in three months.
The government is extremely upset with the attitude of these platforms when it comes to dealing with government rules or officials. In fact, a senior source told India Today TV, “In the past three months, the secretary of MeitY, who represents the Indian government, has made three calls to a member of the Twitter top team at his US headquarters. The Twitter top weapon did not answer.” to the calls. “
KOO INDIAN COMPANY ONLY
With the exception of an Indian social media company, Koo (with a user base of over 50 lakh), none of the major social media brokers like Facebook and Twitter have the resident complainant, the chief compliance officer and the node contact person as per the specifications of the US state appointed rules.
NON-COOPERATIVE SETTING
Instead of sticking to the rules, some of these platforms sought up to six months to ensure compliance.
Government sources complain of uncooperative attitudes. For some platforms, the default response is: “They are waiting for instructions from their US headquarters.”
Hiring the government
The government’s argument is, “Why should the appointment of the Resident Complainant, Chief Compliance Officer, and Node Contact Personnel take more than three months? “People who are victims of social media have suffered because they don’t know who to turn to on social media when there is no public information,” a government source said
A senior official said, “You are doing business in India, making good income, but the complaint is awaiting instructions from the US. Some platforms like Twitter have their own fact checkers whose names are neither public nor transparent about how they are selected and how they stand.
The threat after May 25th
The social media platforms can continue to function, but lose their harmless-sounding but legally critical “intermediary status”.
Government sources explain what an intermediary liability exemption is
These platforms, known as intermediaries, have been exempted from liability for third-party information data hosted by them, etc. under Section 79 of the Information Technology Act. This means that they are not legally liable for any content posted by a user.
The rules come into effect on May 26, 2021. If social media companies fail to comply with the rules, they can lose their status and protection as intermediaries and be held liable for criminal acts under applicable laws of India.
GOVT’S RATIONAL FOR RULES
Social media platforms have historically used templates such as “freedom of speech” and “promoting fair communication” against government action to enforce what they call “accountability and transparency”.
In the past year there has been regular friction between the social media companies and the government and parliamentary bodies over the functioning of these platforms and their compliance with the rules and regulations of the Constitution of India. At the height of the peasant protest, the government asked Twitter to pull down over 1,100 handles which it said “threaten public order.”
In the latest toolkit case, Twitter’s contribution by BJP spokesman Sambit Patra was also referred to as “manipulated media”. The government has asked Twitter to remove the tag.
A senior minister said: “Although these platforms claim the protection of an intermediary, they exercise their discretion to modify and judge the content by their own norms without reference to the Indian Constitution and Laws. One can post falsified or one Appreciate violation of posts. ” the dignity of women or the promotion of terrorism, etc. But judging freedom of expression by coloring it according to a self-proclaimed norm is beyond the mandate of liberation that they do. “
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THE NOTIFICATIONS
On February 25, the center announced new guidelines to curb abuse of social media platforms and regulate OTT platforms. The guidelines also included digitized content that can be broadcast over the Internet or computer networks, intermediaries such as Twitter and Facebook, publishers of news and current content, and curators of such content. “”
All major social media intermediaries had to appoint a chief compliance officer, a node contact person, and a resident complainant.
Each of them should be an employee living in India.
The rules also required major social media intermediaries to post a physical contact address in India on their website or mobile application, or both.
Complaint redress: According to the rules, intermediaries were asked to prominently post on the website, mobile application, or both: (a) the complainant’s name and contact details, and (b) the complaint mechanism. The complainant was instructed to confirm the complaint within 24 hours, to dispose of it within 15 days and to declare the complainant for any actions / inactivity.
Active monitoring of malicious content: Major social media intermediaries have been asked to endeavor to use technology-based measures, including automated tools to identify information depicting rape, sexual abuse, or behavior of children, or information that has previously been removed.
Compliance report: Major social media intermediaries have been asked to publish a monthly report that includes details on (a) the complaints received; (b) the actions taken; and (c) the number of links / information that have been removed or that access is disabled.
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Remove / disable access to information: In the event that unwanted information is voluntarily removed by an intermediary, the following steps must be taken: (a) Ensure that the user who created, shared and uploaded such content prior to removing / disabling access through such content Distance is informed / disabled access along with reasons; (b) provide the user with a reasonable and appropriate opportunity to contest the action and request the reinstatement of that access; and (c) a resident complainant to maintain reasonable control over the dispute settlement mechanism.
RULES THAT ARE DIFFICULT TO FOLLOW SAY SOCIAL MEDIA PLATFORMS
Originally it was believed that social media broker rules would increase compliance costs for smaller platforms and make it difficult for them to hold their own against bigger giants like Facebook. However, the government had created the regulatory compliance dividing line that differentiates between “social media intermediaries” and “major social media intermediaries” with 50 lakh registered users as the threshold for categorization.
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