Hindustan Times (East UP)

Non-compliance with new guidelines will invite action: Centre

- Deeksha Bhardwaj letters@hindustant­imes.com

NEW DELHI: The Union government has warned social media companies of action if they do not comply with new guidelines under the law as their threemonth window to take steps such as appoint a chief compliance officer and a grievance officer closes this week.

The guidelines are part of new rules framed under the Informatio­n Technology Act, by which the government has sought to put in place a stricter regulatory mechanism that companies like Facebook, Twitter and YouTube will need to abide by.

“The rules were notified on February 25 and social media intermedia­ries have been given three months to comply,” said an official, asking not to be named. “So far, none of the prominent significan­t social media intermedia­ries have sent the ministry any intimation of such appointmen­ts. It is not necessary they inform the ministry, they can even furnish the details on the website. Either way, they have to comply.”

Informatio­n Technology (Guidelines for intermedia­ries and digital media ethics code) Rules, 2021 were notified by the ministry on February 25 for social media intermedia­ries such as Twitter and Facebook, and over-the-top (OTT) platforms such as Netflix, Hotstar and Amazon. It mandated a three-tier self-regulatory structure for streaming platforms and increased due diligence by social media companies and data sharing, such as informatio­n about the first originator, with enforcemen­t agencies. Significan­t social media intermedia­ries are defined as platforms that have 50,000 users or more.

Under part four of the new guidelines, significan­t social media intermedia­ries were required to appoint a compliance officer, “responsibl­e for ensuring compliance with the Act and rules” and be “liable in any proceeding­s relating to any relevant third-party informatio­n, data or communicat­ion link made available or hosted by that intermedia­ry where he fails to ensure that such intermedia­ry observes due diligence while dischargin­g its duties under the Act”.

HT reached out to Twitter, Facebook and WhatsApp but did not receive a response until press time.

A second official familiar with the matter said that soon as the rules were notified, they became a legal framework.

Asia Pacific Policy director at Access Now Raman Chima said that revocation of safe harbour is something for the Court to decide.

“The Union government does not have the sole authority to device how internet intermedia­ries are able to make use of the legal protection granted to them by Parliament. Whether the Government’s rules are constituti­onal - and whether partial or incomplete compliance impacts this legal immunity provided in law - will ultimately be decided by judges, and not just by the executive branch.”

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