Govt releases FAQs on IT intermediary rules for web users

IT Ministry on Monday released a set of ‘Frequently Asked Questions’ (FAQs) around the intermediary guidelines to enable better understanding of goals and provisions of the new rules among internet and social media users.

Releasing the FAQs, minister of state for Electronics and IT, Rajeev Chandrasekhar asserted that internet must remain open, safe and trusted for users. Cyberspace cannot be a place where criminality finds refuge, he said.

The FAQs comprise questions that people ask about the rules, and are geared to make it easier for users to understand the norms around internet and social media in the country.

India enforced new IT intermediary rules earlier this year, aiming to bring greater accountability for big tech companies, including Twitter and Facebook.

The rules require social media platforms to remove any content flagged by authorities within 36 hours and set up a robust complaint redressal mechanism with an officer in India. Social media companies are required to take down posts depicting nudity or morphed photos within 24 hours of receiving a complaint.

Significant social media companies—those with over 50 lakh users—also have to publish a monthly compliance report disclosing details of complaints received and action taken as also details of contents removed proactively.

Last month, The Centre on Friday told the Delhi HC that WhatsApp and Facebook, “which monetise users’ personal information” for commercial purposes, are not legally entitled to claim that they protect privacy. It also said that WhatsApp needs to create a mechanism to identify an unlawful information’s origin and originator without compromising end-to-end encryption. The Government was responding to WhatsApp’s petition challenging the 2021 IT Rules’ requirement of enabling traceability of online messages. It said the petition is not maintainable as the company is a foreign entity and cannot claim rights under Article 21, including the right to privacy.

“The IT Rules are framed on the basis of numerous parliamentary and judiciary recommendations which seek to protect the users against child sexual abuse material, fake news and other harmful online content which was considered to be beyond the bounds of free speech,” the Ministry of Electronics & IT said.

On the other hand, As reports on Facebook by whistle blower Frances Haugen continues to unearth information on sharing of hate speech and violent content in India, legal experts, industry bodies and stakeholders are seeking stricter regulations and investigation into the allegations. Intermediary status under the new IT Rules will give special protection to Facebook.

INDIA ENFORCED IT INTERMEDIARY RULES EARLIER THIS YEAR, AIMING TO BRING GREATER ACCOUNTABILITY FOR BIG TECH COMPANIES