To make social media cos extra liable, IT Act may even see adjustments

The Ministry of Electronics and Information Technology is trying to make adjustments to sure sections of the Information Technology (IT) Act to make social media intermediaries, similar to Facebook and Twitter, and over-the-top (OTT) platforms, similar to Netflix and Amazon’s Prime Video, extra accountable for the content material shared by means of their platforms.
A choice on this regard has been finalised and could also be introduced by the federal government as quickly as subsequent week, senior authorities officers mentioned. On February 12, IT Minister Ravi Shankar Prasad informed the Rajya Sabha that the federal government was working to deliver new guidelines to make social media intermediaries extra conscious of the federal government’s instructions in addition to its regulation enforcement businesses.
One of the key adjustments being checked out is to amend Section 79 of the IT Act to make on-line corporations “proactively trace, detect and prevent” illegal content material from being shared on their platforms.
Section 79 of the IT Act protects social media intermediaries by giving them immunity from authorized prosecution for any content material posted on their platforms. However, the safety supplied fails if the federal government notifies the middleman that if “any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act and the intermediary fails to expeditiously remove or disable access to that material”.
“An intermediary cannot absolve itself of all responsibilities by claiming to provide just a service,” a senior authorities official mentioned.
Another key change, a senior official mentioned, could be for the middleman or the OTT platform to take away or disable entry to illegal content material both instantly or not later than 24 hours of “receiving actual knowledge in the form of a court order, or on being notified by the appropriate government agency.” The adjustments to the IT Act are being completed within the occasion of the confrontation between the federal government and Twitter. Officials, nevertheless, mentioned the adjustments have been additionally essential to “balance and check” the ability that such intermediaries wielded over residents.
“Under the IT Act, the definition of an intermediary is very broad and covers nearly all platforms which upload, manage, or allow sharing of content. We may at a later stage also look at an umbrella body like TRAI to oversee all these platforms and manage other functions,” one other official mentioned.