The main aim behind the enforcement of the Information Technology Act, 2000 was to bring the e-commerce and e-transactions under the scrutiny of Indian Laws and to protect the common public Cyber Crime, Privacy, etc. The draft of the Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018 was prepared by The Ministry of Electronics and IT. It was passed to put a stop on the circulation of fake news, abuse the use of social media platforms, curtail the obscene content on the internet, and to provide online safety to its users.
Before 2018 rules
Before the 2018 Rules, The Information Technology (Intermediaries Guidelines) Rules, 2011 create a lot of heatwaves in the online world. It seem unfair for the intermediaries regarding their liabilities and duties. Even though section 79 of the Act protect the intermediaries. Any Intermediary or a Network Service provider according to Section 79 of the Act is exempt from liabilities in certain cases. Changing the 2011 Rules, the 2018 rules completely describe the liabilities and duties of the intermediary. And saw that the social media platform is not misused.
With the 2018 Rules in place, the intermediaries are require to let their users know about their rules and regulations. Also privacy policy and ensure that they do not host, publish, display their personal information in any unauthorized way. These provisions were not present in the 2011 Draft. The 2018 Rule worke as a public safety in social media platforms. As most of the information is circulate through social media. Age, gender, address are sensitive information that can be taken out through this platform.
Rule 4 Intermediaries Guidelines Rules
The Rule 4 of the Intermediaries Guidelines Rules, 2011 states that any content which is posted online is illegal. It is according to the Rule 3(2) of the 2011 Rules; the affected person can contact the intermediary and ask them to remove the content. In the 2011 Rule, it is mandatory to reply to such complaints within 36 hours. If they do not take action within 36 hours, then they lose the right to get protect under section 79 of the Act. This was highly criticized by the intermediary companies as this was unreasonable. The government then change it and made it mandatory to reply within 30 days. But in the 2018 Rules, this was removed completely. Rule 3(2) does not exist in the 2018 Rules.
In the 2018 Rules, the intermediaries are require to remind their users about their Rules and Regulations and privacy policy. It must be done on a monthly basis. They remind their users that if any illegal activity is done by the user, then the intermediary has the right to terminate their access to the website. This will in keeping the internet security. And a reminder to the general users not to commit any kind of Cyber Crime.
An addition in 2018
A new addition was made in the 2018 Rule in regard to gain information from the intermediary companies. A new rule has add which says that whenever the government issues an order seeking assistance or information from the intermediaries; the said intermediary has to provide that information or assistance within 72 hours after receiving such order. Before this, such requests could only be made through writing but now it can be sent through electronic means. If the government requires to know the location of the originator then the mediatory has to break end-to-end encryption.
Reasoning Behind this
The reason behind such a rule is that in case any rumors are being spread that is detrimental to the security of the Nation. Then the government will be able to trace out the originator or sender of the message. These Rules will aim the companies which did not help the government to give information in the previous years like Whatsapp.
According to the new rule, it requires to “disable access” to the content within 24 hours; if the content is defamatory in nature or a threat to national security. And other exceptions mentioned in Article 19(2) of the Indian Constitution. The rule also mentions that a company which has more than 5 lakh user needs to have an office in India registered under the Companies Act, 2013. The larger intermediaries are required to get their company registered in India which will subject them to higher taxes. The 2018 rules also require appointing a nodal officer who will be working with the law agencies around the clock. According to 2011, the intermediaries were required to store information and such records for a period of ninety days but in 2018 Rules the time period has been extended to 180 days.
Conclusion
With the 2018 Rules in place, it can be said that the government is taking crucial steps to make legal frameworks in order to make the social media companies accountable under the law and protect the people from it. Even with these Stringent Rules, Freedom of Speech and Expression is protected and the Rules do not any of the Fundamental Rights mentioned under the Constitution of India specifically Article 19(2). The Government has taken steps so that the Freedom of Speech and Expression is not violated as there is no rule with respect to the contents appearing on social media. The Rule aims to make the social media company liable for the wrongdoings on their part.
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