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Draft Information Technology Amendmenet Rules 2018

Draft Information Technology Amendmenet Rules 2018

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  • GS 3 || Economy || Services || IT

Why in News?

  • The Electronics and IT Ministry introduced draft Information Technology Amendment Rules, 2018 dealing with Social Media.

 Prelude to the Draft

  • It is replacement of IT rules of 2011.
  • Will be addressing to those companies which facilitates the use of the Internet.
  • Companies include internet service providers (ISPs), search engines (e.g. Google, Bing etc.) and social media platforms (e.g. Facebook, Twitter etc.)

 Provisions of the Draft

  • All platforms with more than five million users are supposed toregister entity in India under the Companies Act.
  • Should also have a permanent registered office in India with appointment of a nodal person of contact and alternate senior designated functionary in India.
  • These functionaries will provide for 24X7 co-ordination with law enforcement agencies and officers to ensure compliance to their orders or requisitions made in accordance with provisions of law or rules.
  • Those platforms are supposed to share cyber security incidents related information with the Indian Computer Emergency Response Team (CERT).
  • Restrictions:
    • User can’t host, display, upload, modify, publish, transmit, update or share information, which is pornographic, paedophilic, racially or ethnically objectionable, and invasive of another’s privacy, harms minors in anyway, etc.
    • Social media platforms will have to publish rules and a privacy policy in this regard.
    • These platforms should also keep a record of “unlawful activity” for a period of 180 days.
  • Reporting:
    • Companies need to trace and report the origin of messages within 72 hours of receiving a complaint from law enforcement agencies.
    • They should also disable access within 24 hours tothat kind of content which seems defamatory and may jeopardize national security and other clauses under Article 19 (2) of the Constitution.
    • Also, any information which threatens critical information infrastructure should also be advised against by the social media platform.
  • Compliance–
    • A communication must be sent to users once a month about their privacy policies by the companies.
    • In case of non-compliance with rules and regulations, user agreement and privacy policy, the company has the right to immediately terminate the usage rights of the users.
  • Tracing:
    • The companyshould enable tracing out the originator of information on its platform as may be required by government agencies that are legally authorized.
    • This information would help in preventing offences which may include mob violence, lynching, online sexual abuse, etc. and in registering an FIR.
  • Grievance redressal:
    • The companyshould publish the name of the Grievance Officer and his/her contact details on its website.
    • It should also lay down a mechanism by which it redresses the concerns of users who suffer as a result of access or usage of computer resource by any person in violation of rule.
  • Usage of technology:
    • Technology based automated tools or appropriate mechanisms should be deployed for identifying and removing or disabling public access to unlawful information. E.g. mob lynching
  • Implementation:
  • Once thecompanyreceives information in the form of a court order or is notified by a government agency under the IT Act, it should immediately remove the content which is pro-hate content.

 In a nutshell: