27th May, 2021
As per the IT (Intermediary Guidelines and Digital Media Ethics code) rule, have come into force, Indian govt has asked big social media platforms like Facebook, Twitter, Google(Youtube) to submit a compliance report.
The IT ministry has requested more details from a host of other Indian and International social media platforms whether they are complying with the IT rules or not like platforms with more than 5 Mn users in India.
Image Courtesy- m.dailyhunt.in
Companies must submit the names of applications or websites that fit within the important social media intermediary criteria, which includes platforms with more than 5 million users in India, according to images of a ministry circular circulated on Twitter. The contents of the circular have been validated by the IT ministry, according to Nikhil Pahwa of Medianama.
“As you, including your parent company or any other subsidiary, provide a variety of services in India some of which fall within the definition of SSMIs (significant social media intermediaries) in the context of the IT Act and the aforesaid Rules. Accordingly, as part of ascertaining the compliance to these Rules, you are requested to provide the following information…,” the ministry said.
Moreover, several documents including names, contact details of the chief compliance officer, contact no. of person, grievance redressal officer, and physical contact address relating to the platform, all these formalities have to be submitted by the social media intermediaries, and companies have to submit. Companies must also declare their compliance status, which should include information on whether they have adopted necessary procedures for content traceability and other areas of the requirements.
As per the law, under section 79 of the Indian IT Act, 2011, those intermediaries neglecting to comply with the IT guidelines will lose their rights to use provisions. This provides intermediaries with legal protection and shields them from punishment for information provided by users. It also exposes them to further scrutiny under the law’s provisions, which include monetary fines and/or jail.
On the other hand, many platforms like Koo have announced that they have agreed with the terms and conditions of the intermediary rules. One of them, Koo (regional language microblogging platforms) has claimed that it has completed the compliance processes. As per the requirements of the law, Koo has also appointed Rahul Satyakam as the resident grievance officer, chief compliance officer, and nodal contact officer.
Twitter declined to comment on the subject, while Facebook and Google, on the other hand, stated they are working to comply with the guidelines.
After receiving a complaint from competent authorities, social media sites will be obligated to remove offensive content/posts within 36 hours. The new laws went into effect in February of this year, and they encompass digital media and online curated content, such as OTT platforms, in addition to social media intermediaries.
In addition, the government would scrutinize OTT sites like Netflix, Disney+ Hotstar, Amazon Prime, and Zee5 under the new standards.