Govt sets rules for social media intermediaries
The government on Friday specified that a social media intermediary requires 5 million registered users in India to be considered a significant social media intermediary as mentioned in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. The rules make a distinction between social media intermediaries and significant social media intermediaries, who have a large number of users.
The government on Friday specified that a social media intermediary requires 5 million registered users in India to be considered a significant social media intermediary as mentioned in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.
The rules make a distinction between social media intermediaries and significant social media intermediaries, who have a large number of users. The government had said on Thursday, while notifying the rules, that it will specify the threshold of user base to distinguish between the two.
Large social media firms like Facebook and Twitter said they are studying the rules.
“We are studying the updated guidelines, and we look forward to continued engagement with the Government of India to strike a balance between transparency, freedom of expression, and privacy. Twitter supports a forward-looking approach to regulation that protects the open Internet, universal access, and promotes competition and innovation. We believe that regulation is beneficial when it safeguards citizen’s fundamental rights and reinforces online freedom,” a Twitter spokesperson said.
Facebook said Thursday it “will carefully study the new rules”.
Conflict with PDP Bill
Several experts pointed out that some provisions of the new rules, notified on Thursday, would be in conflict with the proposed Personal Data Protection Bill that is currently with a Joint Parliamentary Committee.
“Industry is going to be under a huge compliance obligation, which is going to be a problem for everybody. I feel the industry is going to challenge this in some way or the other or ask the government for more clarity,” said Salman Waris, managing partner at Delhi-based Techlegis Advocates & Solicitors.
The rules require companies to store data of individuals using their platforms up to 180 days after any cancellation or withdrawal of their registration with the platform. Waris said provisions like these go against the intent of the PDP Bill, which aims to ensure personal information of individuals is not disclosed.
Some also questioned the way the rules were passed, without consultation with Parliament.
“The current content of these rules is beyond what the government could exercise as rule making power under the Information Technology Act. The government had to go to Parliament and pass an amendment. It is something that required a new legal provision or an amendment to the IT Act itself so it required both Houses of Parliament to agree on it,” said Raman Jit Singh Chima, senior international counsel and Asia Pacific policy director at Access Now.
He said that the rules would in no way be compliant with the PDP Bill.
Access Now said earlier in a statement that the social media rules, which were released along with guidelines to regulate over the top and streaming platforms, expand the government’s reach.
These rules include new provisions set by the executive branch, not authorised by the Parliament, mandating new regulations that require online services providing news, current affairs content, and curated content in India to register and regularly report to the Ministry of Information and Broadcasting, it added.