Friends, you may be aware on 25th February 2021, the Central govt had announced new IT rules for social media companies. The rule required large social media platforms like Facebook, Twitter, Instagram, and WhatsApp to follow additional due diligence, including the appointment of the Chief Compliance Officer, nodal contact person, and resident grievance officer. The significant social media intermediaries’—defined as those with over 50 lakh registered users—were given three months to comply with the additional requirement.
Non-compliance with rules would result in these social media companies losing the intermediary status that provides them exemptions and specified immunity from liabilities for any third-party information and data hosted by them. In other words, they could be liable for action. Significant social media companies will have to publish a monthly compliance report disclosing details of complaints received and action taken, as also details of contents removed proactively. They will also be required to have a physical contact address in India published on its website or mobile app, or both.
As per data issued by the govt, India has 53 Cr WhatsApp users, 44.8 Cr YouTube users, 41 Cr Facebook subscribers, 21 Cr Instagram users, while 1.75 Cr account holders are on microblogging platform Twitter.
Last week, Koo — the Indian rival of Twitter — had said it has complied with the requirements of the new rules, and its Privacy Policy, Terms of Use, and Community Guidelines now reflect the changes. Koo has close to 6 million (60 lakh) users, making it a major social media intermediary under the new guidelines. Recently, various industry bodies, including the Confederation of Indian Industry (CII) and the US-India Business Council (USIBC), had written to the government seeking up to a one-year extension for compliance, particularly in the view of the pandemic.
The new rules were introduced to make social media platforms like Facebook, WhatsApp, Twitter, and Instagram — which have seen a phenomenal surge in usage over the past few years in India — more accountable and responsible for the content hosted on their platform.
Social media companies will have to take down posts depicting nudity or morphed photos within 24 hours of receiving a complaint.
Notably, the rules require significant social media intermediaries — providing services primarily in the nature of messaging — to enable identification of the “first originator” of the information that undermines the sovereignty of India, security of the state, or public order. This could have major ramifications for players like Twitter and WhatsApp.
The rules also state that users who voluntarily want to verify their accounts should be given an appropriate mechanism to do so, and be accorded a visible mark of verification
Yesterday, a Facebook spokesperson made a statement that “ We aim to comply with the provision of IT rules and continue to discuss a few of the issues which need engagement with the govt. Pursuant to the IT rules, we are working to implement operational processes and improve efficiencies. Facebook remains committed to people’s ability to freely and safely express themselves on our platform.” Twitter, however, has not given any statement on this issue. This deadline for Twitter also comes on the backdrop of the Delhi Police visiting Twitter India office over the alleged ‘Covid Toolkit’, asking it to share information based on which it had classified a related tweet of BJP spokesperson as “manipulated media.”
Multiple bodies representing these companies have written to the govt to extend the timeline to comply with these rules as well.
The rules also say that ‘ Users will have to be provided with prior intimation and explanation when a significant social media intermediary removes content on its own. In such cases, users have to be provided an adequate and reasonable opportunity to dispute the action taken by the intermediary.
Koo, the Indian rival of Twitter, had said it has complied with the requirements of new rules and privacy policy, terms of use, and community guidelines now reflect the changes. Koo has close to 6 million (60 lakh) users, making it a major social media intermediary under the new guidelines.
Recently, various industry bodies, including the Confederation of Indian Industry (CII) and the US-India Business Council (USIBC), had written to the government seeking up to a one-year extension for compliance, particularly in the view of the pandemic. However, so far there is no word on any extension.
In my opinion, major players like Facebook and Twitter are purposely delaying thinking that govt will not take any action. But when the govt gets tough then they always comply. A few months back they had to comply with the new IT rules laid down by the Australian govt.
Friends, what is your say on this matter.
Waiting for your views/comments.
Anil Malik
Mumbai, India
26th May 2021
R. N. Mungale.
New rules were overdue.
Tejinder Singh Sethi
Compliance is a must else people will post any fake news and use vulgar words.