FIR Against Social Media Firms For IT Rules Violation

Context:

• The Ministry of Electronics and Information Technology (Meity) will develop a platform on which users can notify about IT rule violations by social media platforms. 

Zero tolerance for violation of IT Rules:

• Assistance to Citizens: The government will assist citizens in filing FIRs against social media platforms for violation of IT rules if they are aggrieved from objectionable content like deep fakes.
• As per the IT rules, social media platforms have been given seven days’ time to align their terms of use. If the intermediary discloses the details of where the content originated, then the FIR will be filed against the entity that posted the content.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules):

• Due Diligence: It specifies due diligence requirements for intermediaries to claim exemption from being liable for any third-party information.  
• Framework for Regulation: It also provides a framework for regulating the content of online publishers of news and current affairs, and curated audio-visual content.  
• The 2022 Amendments require intermediaries to make reasonable efforts to cause users to not create, upload, or share prohibited content and amend the grievance redressal mechanism.
• Obligations of Intermediaries: The IT Rules require intermediaries to publish rules and regulations, privacy policies, and user agreements for access or usage of its services.  
  • These details should be made available in English or any language specified in the Eighth Schedule of the Constitution.  
  • Under the IT Rules users are prohibited from creating, uploading, or sharing content that threatens the unity of India or public order, is pornographic, violates copyright or patent, or contains software virus Intermediaries must inform users about these restrictions.  
  • The intermediaries must: 
    • Ensure compliance with rules and regulations, privacy policy, and user agreement.
    • Make reasonable efforts to cause users to not create, upload, or share prohibited content, and 
    • Respect citizens’ rights under the Constitution of India including Articles 14, 19, and 21.
• Appeal mechanism against decisions of grievance officers: The IT Rules require intermediaries to designate a grievance officer to address complaints regarding violations of the Rules. 
• Grievance Appellate Committee(s): The central government  will  appoint Grievance Appellate Committee(s) to hear appeals against the decisions of grievance officers.  
  • Such appeals may be made within 30 days of the grievance officer’s decision and should be decided within 30 days.  
• Expeditious removal of prohibited content: Intermediaries must  acknowledge complaints regarding violation of Rules within 24 hours, and dispose of complaints within 15 days.   
  • The complaints regarding the removal of specified prohibited content must be addressed within 72 hours.
• The 2023 Amendments add provisions to regulate fake information and online games.  The Ministry stated that the Amendments intend to prevent user harm caused by playing online games.
  • Intermediary obligations for online games and fake news: All intermediaries must make reasonable efforts to ensure that users do not host an illegal online game or publish any information that is identified as false or fake by the fact-checking unit of the Press Information Bureau (PIB) or any centrally authorised agency.

Also Read: IT Act and Social Media Leaks, Further Reading: Deepfake Technology

News Source: The Hindu

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