The ministry of electronics and IT (Meity) has written to all considerable social media firms like Facebook, WhatsApp, Twitter, Instagram and other people to submit compliance with the new intermediary guidelines, as quickly as probable, preferably by finish of Wednesday itself. The firms had earlier sought an extension of six months to comply with the new guidelines.
In a letter issued to all considerable social media intermediaries (SSMIs), the government has sought details concerning the app/web-site falling inside the scope of a social media intermediary, particulars of a chief compliance officer, nodal make contact with individual, resident grievance officer and physical make contact with address in India.
The government had notified the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules 2021, on February 25 below the provisions of the Information Technology (IT) Act, 2000. The new guidelines supersede the erstwhile notified Information Technology (Intermediary Guidelines) Rules, 2011. Through a separate notification, the government had also prescribed that a social media intermediary getting 5 million registered customers in India will be thought of a considerable social media intermediary (SSMI). As per the new guidelines, SSMIs have to undertake an further set of due diligence.
As the new guidelines came into impact from Wednesday, the large social media firms run the danger of losing immunity from criminal proceedings below the Information Technology Act, if they fail to comply. The government had provided such firms 3 months to comply with the new guidelines but most of the firms have not accomplished so till now. They have below the aegis of market associations sought a six-month extension for compliance as the pandemic has crippled their regular workplace work.
The associations have highlighted that some of the obligations are anticipated to be tricky to comply with inside a remote work context, which has been necessitated provided the unforeseen surge in Covid-19 situations in India, the accompanying restrictions on the movement of persons, and the short-term closure of physical workplace spaces.
Moreover, some of the modifications, especially these requiring item and course of action modifications – such as advertisement transparency, measures to allow tracing of the initial originator of messages, and the creation of the workplace of the Chief Compliance Officer, would need more time for compliance.
The new guidelines mandate intermediaries like WhatsApp to recognize the initial originator of messages deemed mischievous by the government, whereas other people like Facebook and Twitter require to pull down unlawful content inside 36 hours of getting flagged.