The Central Government Has Written To Social Media Platforms, Inquiring About Their Compliance With IT Rules 2021

What Are The Facts Of The Case

• The Centre notified the Information Technology (Guidelines for Intermediaries And Digital Media Ethics Code) Rules, 2021 on February 25, 2021, to regulate social media intermediaries, among other things, by imposing an ethics code and mandating a three-tier grievance redressal framework.
• The Rules outline 16 due diligence steps that intermediaries in India must take. This includes an obligation not to host, store, or publish any information that is not in the interest of public order, decency, India's sovereignty, and integrity, state security, and so on.
• The Rules also allow the Centre to request that messaging platforms such as 'WhatsApp,' 'Facebook Messenger,' and 'Telegram' trace the 'first originator' of messages.
• Noncompliance with the rules would result in the loss of these social media companies' intermediary status, which offers them exemptions and certain immunity from liability for any third-party information and data hosted by them. In other words, if there are complaints, they may face criminal charges.
• According to the new rules and the Information Technology Act, the Centre has the right to seek additional information from social media platforms.
• The government has reaffirmed that a social media intermediary with 5 million registered users in India will be considered a Significant Social Media Intermediary (SSMI) and that Part-lI of the Rules widely prescribe the due diligence to be accompanied by:

1. All Intermediaries as defined in the IT Act, 2000.
2. SSMI requires an additional set of due diligence.

Cyber offences under the Information Technology Act

What Are The Latest Observation In This Case

• The three-month window provided by the Central Government for social media platforms such as Facebook, Twitter, and others to comply with the new social media rules has expired.
• WhatsApp contends that the said requirement does not pass the tests enshrined in Art. 21 of the Constitution, is manifestly arbitrary in violation of Art. 14, is a violation of the Right to Freedom of Speech and Expression, and violates Sec. 79 and 69A of the Information Technology Act.

Comparitive Analysis of the provisions of the Information Technology Act

• The Ministry of Electronics and Information Technology clarified that the government respects the right to privacy and has no intention of violating it by requiring WhatsApp to disclose the origin of a message.

Whatsapp tells Delhi HC new privacy policy will take effect from May 15, Privacy policy does not violate the IT rules

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