Effect of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 on Social Media

-

Social Media is defined as a platform for interaction between people such as sharing information, ideas, career interests, and other forms of conversation through the internet. Social media has become a powerful tool for sharing and posting content and it has its own positive and negative outcomes. Social media can be accessed through phone or laptop or desktop. Facebook, Twitter, Instagram are some of the most popular social media websites. They are generally used as highly interactive platforms through which individuals, organizations, and communities share, post, modify, participate or discuss self-generated content posted online. 

Laws regarding social media are governed by the Information Technology Act, 2000. Section 66A regulates all the legal aspects regarding social media law in India. This Section states that anyone who shares, transmits, or posts that are offensive or menacing, or false for the purpose of continuously causing, annoyance, convenience, danger, obstruction, insult, misleading, injury, criminal intimidation, enmity, hatred, or ill will to the recipient will be punished through imprisonment for 3 years with fine.

Nevertheless, in the landmark judgment of Shreya Singhal and Ors. v Union of India (2015), the Supreme Court upholding the Right to Free Speech struck down Section 66A stating that this Section was vague and did not fully protect freedom of free speech. Even after this judgment was passed there was still controversy as to what content posted or shared on social media would constitute offensive or appropriate. 

So after lots of debates and discussions, the Government introduced new rules under this Act for monitoring social media platforms. These new rules named Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("INTERMEDIARY GUIDELINES") was introduced on 25th February 2021 to prevent misuse of social media platforms by increasing their accountability and to establish a dispute redressal mechanism for their users. These rules are said to be progressive and to balance free speech, over-excessive display of fake content, and lack of transparency. One of the key features of the Intermediary Guidelines is the due diligence performed by social media intermediaries. These include various rules and regulations which are to be performed for the smooth functioning of social media. Another key feature is the Grievance Redressal Mechanism wherein the intermediary had to publish on its website, mobile or both, the name and contact details of the Grievance Officer by which the user can register a complaint against violations of these rules. After receiving the complaint, the Grievance Officer should acknowledge the complaint within 24 hours and dispose of the same within 15 days from the date of receipt. In case of an explicit photo containing partial or full nudity of the user is published or a depiction of sexual conduct by such user or artificial morphed images of such user is published then the intermediary should take all practicable and reasonable measures to remove or disable access to such content which is stored, hosted, published or transmitted by it.

The introduction of Intermediary Rules was done in an attempt to allow the smooth functioning of social media platforms. Through the Code of Ethics under these guidelines, films and other entertainment programs released in theatres or on Netflix, Amazon Prime Video, and other OTT platforms and web series will also be regulated to remove offensive content. These guidelines are said to restrict the absolute freedom of speech and expression so people might have difficulty in following these guidelines. So, a strict balance needs to be maintained between freedom of speech and excessive publication of offensive content.

Comments

Post a Comment

Popular posts from this blog

Legal Opinion v. Legal Advice- Key Differences between them

-
The terms legal opinion and legal advice are often used synonymously thus the terms are used confusedly. Even lawyers used these terms interchangeably but they have actually different meanings.  LEGAL OPINION Black's Law Dictionary defines legal opinion as a written document in which a lawyer provides his or her understanding and interpretation of the law as per the facts of the case. This definition states that lawyers often draft legal opinions on various facets of law when asked by the client. A legal opinion is effective when it is made on the letterhead of the company/law firm signed and stamped by the lawyer representing the company/law firm. A disclaimer is mentioned in the legal opinion which states that whatever is mentioned in it is not a legal advice nor is it protected by attorney client privilege. This disclaimer protects the lawyer and the company he is representing from a potential liability. A client goes to the lawyer and asks for solution to a legal problem, wheth...
Read more

Bharatiya Nagarik Suraksha Sanhita, 2023

-
INTRODUCTION The Bharatiya Nagarik Suraksha Sanhita, 2023 ("Bill") was introduced in Lok Sabha on August 11, 2023.   If enacted, this Bill will repeal the Code of Criminal Procedure, 1973.  The Code provides for the procedure for arrest, prosecution, and bail for offences under various Acts including the Indian Penal Code, 1860.  The Bill retains most of the provisions of the Code.   This Bill has introduced strict deadlines for processes of inquiry, investigation and trial, allowing police custody for more than 15 days, conducting trial if the accused has absconded, trial in electronic mode etc. The Bill wants to normalize electronic communication, electronic evidence and electronic forms in investigation, inquiry and trial. KEY CHANGES IN THE BILL The following are the key changes which are introduced in the Bill:- 1. Signatures and finger impression- The Code allows a Metropolitan/Judicial Magistrate to order any person to provide signatures or handwriti...
Read more

Decriminalizing Section 138 of Negotiable Instruments Act, 1881- Good or Bad?

-
Negotiable Instruments Act 1881 governs the different types of negotiable instruments such as Bills of Exchange, Promissory Notes and Cheques. Negotiable Instrument is defined as a Promissory Notes, Bill of Exchange or Cheque which is payable either to order or to bearer. Section 138 talks about punishment when a cheque is dishonoured due to insufficiency of funds or for any other reason. The defaulter can be imprisoned for two years and/or pay twice the amount in the cheque as fine. It is a non-cognizable offence. On June 8, 2020, the Ministry of Finance proposed that this section be decriminalized to reduce the burden of criminal liability on companies and unclogging court processes as there are lakhs of pending cheque dishonour cases. The main reason to increase banking operations efficiently and to ensure credibility of financial transactions through cheques because the Covid 19 pandemic has slowed down our economy.  Under the current law, the payee can file both a cri...
Read more