Social Media Applications getting banned in India?
News and messages regarding social media applications such as Instagram, Facebook, Twitter, WhatsApp, etc., getting banned in India as of 26th May 2021 is circulating all over. It is true that these applications might fall under the category of violation of rules if the owners do not follow a few rules and guidelines passed by the Centre on 25th February 2021. The rules have brought in few stricter guidelines for these social media applications to follow. It is required that information regarding the unlawful messages circulating through such media and who is the first person, i.e., the originator of such messages to be provided. Another rule in continuation to the first one is that such messages should be taken down or deleted (removed) within the specified time frame by the owners of the respective applications.
The Ministry of Electronics and Information Technology passes a statement that these rules are brought in to deal with the issues of morphed images of women circulating around, revenge porn, other abuse, and hate content. It is named The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.
In India, there is only one such social media application that follows and had adhered to all these rules and the application is ‘Koo’. Experts have opined that these rules will bring more clarity as to the responsibilities of the intermediaries of the social media applications. But on the other hand, few experts also stated that such rules might be violative of the basic Fundamental Rights of citizens — the right to privacy and freedom of speech. One of the experts has said that social media is very well welcomed in Indian business as they have set a good platform for crores of people using social media, but it is also essential to ensure that such applications have proper forums to address the grievances of the users.
The rules include that the application intermediaries must provide information to the authorized government agencies for the proper and apt investigations and protective cybersecurity activities so that verifications of identities are done properly. Also, for the purpose of preventing, detecting, investigating, and prosecuting any of the offenses under the law that is in force for the time being for cybersecurity. Such information is required to be provided within 72 hours of receiving the order by the court. One of the spokespeople of Facebook had said that the details of the rules and guidelines will be studies thoroughly and Facebook with an agenda of safety and security for users will provide one satisfied platform.
It is also required by the intermediaries (applications) to appoint Chief Compliance Officer, Nodal Contact Person, and Resident Grievance Officer. Each of them should be employees who are residing in India. It is also required for the intermediaries to provide contact details and physical contact addresses in India to be published on their website and mobile applications.
The Grievance Officer must acknowledge the complaints within 24 hours and must dispose of it within 15 days and provide a proper explanation to the complainant. Harmful contents circulating to be monitored strictly and for such purpose the intermediaries have to deploy technology based measures, which include measures to identify data that portray rape, sexual abuse, and related information which seems to be harmful to the people and their safety and security. Intermediaries should also publish a report on a monthly basis which must include details of complaints, what were the actions taken for solving such grievances, what were the data removed, its links and other relevant information.
For removing any information from social media, the intermediaries must inform the user who had created, shared, uploaded or published any such information before removing it or disabling the access. A proper reasonable opportunity to be given to the user to dispute such action and request to reinstating the access. The Centre had given three months time to all the intermediaries starting from 25th February 2021 and the time period ends as on 25th May 2021. Applications are still working and many users are still having access to their social media, but the intermediaries need to apply and accept the rules set by the Centre as soon as possible.
