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It is basically a set of new rules meant for all social media platforms and outlets for digital news in India, that has come into effect since the 27th of May, 2021. Let us take a further deep view into this matter.
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NewIntermediary Guidelines for Social Media in India - The Highlights You must have heard of the new Intermediary Guidelines for Social Media and the Digital Media Ethics Code, but what actually is it? It is basically a set of new rules meant for all social media platforms and outlets for digital news in India, that has come into effect since the 27th of May, 2021. Let us take a further deep view into this matter. www.ubuy.co.in
What Are the New Intermediary Guidelines For Social Media? • The Intermediary Guidelines for Social Media were first announced back in the February of 2021, which ordered all the social media platforms to set up a system of grievance redressal as well as a compliance system. This system included the appointment for a resident officer for grievance, a chief officer for compliance, as well as a person for nodal contact. www.ubuy.co.in
These social media platforms and digital news outlets were also instructed by the Ministry of Electronics & Information Technology in India to make a monthly submission of a report on the complaints received by the particular platforms, and exactly was an action taken to address the complaint. www.ubuy.co.in
The third requirement of the guideline was directed towards instant messaging apps such as WhatsApp and Telegram. It required these apps to make provisions to allow tracking of the first originator of a specific text message. www.ubuy.co.in
What Will Happen If A Platform Fails To Comply With Any Of These Guidelines? A failure of compliance with any of these guidelines will result in taking away the indemnity that was provided to the platforms of social media and outlets of news houses, under the IPC section of 79 under the Information Technology Act. www.ubuy.co.in
What Falls Under The Section 79 Of The Information Technology Act? • According to Section 79 of the Information Technology Act, it is stated that any intermediary such as a social media platform or a news outlet cannot be legally held responsible or liable for the information, communication link, or any form of data provided by a third party on its platform. www.ubuy.co.in
However, this act also further states that this section will only be applicable if the intermediary themselves are not directly involved, or do not themselves start the transmission of the data. www.ubuy.co.in
This is to say that as long as the social media platform or messaging app acts only as a carrier or messenger only involved in the carrying of data from point A to point B, and has made no interference in the whole process in any way, the platform itself will be protected against any legal prosecution. www.ubuy.co.in
Till now, if a social media platform or a news house outlet fails to comply with any of the guidelines, nothing is going to change overnight. None of the social media giants such as Twitter, Facebook, or Instagram have yet appointed either of the resident officers for grievance, a chief officer for compliance, or a person for nodal contact. Only time will show what exactly will be the result of these guidelines. www.ubuy.co.in
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