As the deadline to comply with the Intermediary Rules expires today, Facebook and Twitter may face criminal charges in India.
Because they have not yet complied with the new Intermediary Rules, Facebook, Twitter, and YouTube may face criminal charges in India. The new guidelines were passed by the government in February, but specific provisions for "major social media intermediaries" with more than 50 lakh registered users are slated to take effect on May 26. The provisions compel the most important social medical services to be implemented.
According to sources acquainted with the situation, social media platforms such as Twitter, Facebook, and Instagram have failed to comply with the new Intermediary Rules. A Facebook spokeswoman told Gadgets 360 that the company is presently discussing some of the problems with the government.
In a prepared statement, the spokesperson added, "We intend to comply with the provisions of the IT laws and continue to explore a few of the areas that require additional engagement with the government." “We are working to adopt operational processes and increase efficiencies in accordance with the IT Rules. Facebook is committed to people's ability to express themselves freely and safely on our platform.
When approached by Gadgets 360, Twitter declined to comment, and Google did not react to a request for comment at the time of reporting this storey.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 were jointly introduced on February 25 by the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Information and Broadcasting to place limits on digital platforms. Significant social media intermediaries, such as Facebook, Instagram, and Tumblr, were given a three-month window under the guidelines.
The special provisions, which are grouped under the rule's "additional due diligence," require social media platforms with more than 50 lakh registered users to appoint a chief compliance officer to ensure compliance with the Information Technology Act, 2000, and the Intermediaries Rules, as well as a nodal contact person to coordinate with law enforcement agencies around the clock. , and a resident grievance officer to acknowledge grievances within 24 hours and respond them within 15 days. All three of these officers are required to be Indian residents.
Aside from the three-officer requirement, social media platforms must have a physical contact address in India and must display the contact information for the designated officers on their websites and applications.
Major social media firms were also required by their standards to provide for the identification of the first originator of communications disseminated on their platforms. This section has been criticised by civil society and organisations such as the Internet Freedom Foundation (IFF) because it threatens freedom of expression and privacy while weakening end-to-end encryption. Platforms "must not be required to divulge the contents of any communication or any other information to the first originator," according to the government. It might, however, demand the originator's communication and use the Information Technology Decryption Rules to acquire access to the information.
The new guidelines also require social media platforms to use automated tools, such as artificial intelligence (AI)-driven systems, to eliminate offending content. However, some technology lawyers are concerned that in the future, platforms may be required to use such capabilities for public surveillance.
The government has been asked by some social media firms to extend the deadline for the measures. The Confederation of Indian Industry (CII) and the Federation of Indian Chambers of Commerce and Industry (FICCI) have also requested a one-year extension to the compliance window. The administration, on the other hand, has made no changes to what it introduced in February.